NM Governor Tells Law Enforcement To Enforce New 'Red Flag' Guns Laws Or Quit

Holly Matkin

New Mexico Governor Michelle Lujan Grisham signed off on the "red flag" legislation on Tuesday.

Santa Fe, NM – New Mexico Governor Michelle Lujan Grisham has declared that law enforcement officers who refuse to enforce the state’s newly-enacted "red flag" law should resign from their positions.

Grisham signed the Extreme Risk Firearm Protection Order Act into law on Tuesday, thereby giving courts the power to temporarily seize firearms from citizens who are deemed to be a danger to themselves or others, CNN reported.

Just days before, New Mexico Sheriffs’ Association (MNSA) President Tony Mace, who is also the sheriff of Cibola County, issued a public letter questioning the constitutionality of the legislation.

"Citizens have a right to bear arms and we cannot circumvent that right when they have not even committed a crime or even been accused of committing one," Sheriff Mace said. "'Shall not be infringed' is a very clear and concise component of an Amendment that our forefathers felt was important enough to be recognized immediately following freedom of speech and religion."

Earlier in February, Sierra County Sheriff Glenn Hamilton noted that many sheriffs are concerned about stripping citizens of their Second Amendment rights without a hearing, according to CNN.

Around the same timeframe, Lea County Sheriff Corey Helton said he would rather go serve time in jail than enforce the law, The New Mexican reported.

In 2019, Weld County Sheriff Steve Reams said he was worried about the risks enforcing such a law posed for his deputies, according to CNN.

"My biggest fear for the law is violating someone's constitutional rights and the potential for placing my deputies in a situation for an encounter with an armed individual," Sheriff Reams explained.

But as she signed off on the legislation on Tuesday, Grisham said that law enforcement officers no longer have a choice in the matter, CNN reported.

"They cannot not enforce," she told reporters. "And if they really intend to do that, they should resign as a law enforcement officer and leader in that community."

"The Legislature had the strength to pass this measure because we all recognize: Enough is enough," the governor said in a statement. "This law is sensible and balanced. It is a good public safety measure. If it saves even one life, and it will, we will have done good work here."

Grisham said she was giving law enforcement “another tool in the toolbox” by signing the legislation, The New Mexican reported.

Under the new law, only law enforcement officers will be allowed to petition the court to temporarily seize someone’s firearms, CNN reported.

The court must have sufficient evidence to determine that the individual “poses a significant danger of causing imminent personal injury to self or others,” according to the law.

But the information used to support such action may be based on sworn affidavits filed by school administrators, employers, or relatives, the Associated Press reported.

If law enforcement officers fail to act on those affidavits, they can be held liable for refusing to enforce the law, according to the Associated Press.

Within 10 days of the issuance of a "red flag" order, the court must hold a hearing to determine whether or not to strip the accused citizen of his or her gun rights for one year.

The citizen can also request that the hearing be extended for up to 30 days.

In the event a flagged citizen refuses to relinquish the weapons, law enforcement officers are mandated to step in and seize them, the Associated Press reported.

Despite Grisham’s call for dissenting law enforcement officers to resign, Sheriff Mace said that he and other like-minded sheriffs will enforce the law at their own discretion.

"We don't work for the governor. We don't work for the Legislature," the sheriff said. "We work for the people that elected us into office."

On Tuesday, Roosevelt County commissioners deemed their county to be a Second Amendment “sanctuary,” joining at least a dozen other sanctuary counties throughout the state, the Associated Press reported.

New Mexico’s "red flag" law goes into effect on May 20.

Sixteen other states have also enacted similar laws, according to the Associated Press.

Comments (45)
Burgers Allday
Burgers Allday

Wow, it looks like many police officers in New Mexico will have to resign -- but where will they go?

Private security gigs, like at shopping malls?

Auto repair jobs?

LEO jobs in AZ and TX?

Many possibilities here.

No. 1-23
AnnykaV
AnnykaV

No choice to enforce, but you and other Dems can pick and choose what other laws you enforce or choose to cooperate or not with legal detainers?

Doesn't work just one way, sweetheart.

Davidtwmay24
Davidtwmay24

Delusional and living in a bubble but all Dems usually are and this liberal snowflake has no clue about the real world

LEO0301
LEO0301

What could go wrong with this brilliant piece of legislation?

Shaztic
Shaztic

New Mexico should learn from Virginia and head to the capital and protest! For crying out loud these red flag laws are scary as all get out. They work for us so it’s time we show them and stand up for ourselves! If it were happening in Arkansas we would be lined up for miles....

Ghost_00000001
Ghost_00000001

What they should do with a communist like that is allow every LEO and citizen who stands against this act of communism to move to other departments or positions in other states all at once and leave the commies to their own destruction. After they take each other down, all LEOs can then move back and rebuild a society where law actually exists for the good of the people.

GBA
GBA

Nice nose, where is the lipstick?

Tomwoolworth
Tomwoolworth

This is my comment. As a Retired Federal Law Enforcement, concealed carry permit holder and Tax Payer in New Mexico, the Governor and her Party have systematically set this Unconstitutional Law in motion. She has No regard for the life or property of New Mexico Citizens. She took an oath to Uphold the Constitutions of the United States and New Mexico. Governor Grisham has failed miserably to uphold her oath. Her veiled threats to New Sheriffs is fantasy. Governor Grisham needs to be ousted from office. I stand with Sheriff Mike Harrington of Chavez County whose refused to Enforce this Unconstitutional Law. I stand as law abiding American and gun owner in New Mexico. I will NOT comply with any provision of the New Mexico Red Flag Law.

reverett456117502
reverett456117502

I've got a novel idea, why don't all the politicians who want to give rights to illegals, give away "OUR" hard-earned money, and make everything free in America be the ones to RESIGN IMMEDIATELY! I have a funny feeling the Country would run much smoother if they'd consider getting out right away and letting things run as a law-abiding society!

BulletMagnetEd
BulletMagnetEd

“ If it saves even one life, and it will, we will have done good work here."
🤔
If these authoritarian vermin really believed that BS statement, they’d be deporting illegal alien invaders back over the border with trebuchets.
#NothingSaysGTFOLikeATrebuchet

LAW169
LAW169

Maybe Governor Michelle Lujan Grisham can give prosecutors across America some advice on selecting laws they choose to not prosecute. Prosecutors say they don’t have the money to prosecute misdemeanor crimes but THEY CERTAINLY HAVE THE MONEY TO PROSECUTE A LAW ABIDING GUN OWNER.

Mama1959
Mama1959

She was voted in, she can be voted out

BlueLM101
BlueLM101

"If it saves even one life, and it will, we will have done good work here."

What if the enforcement of it takes one life? What would be gained then? Would that still be considered "good work"?

portManaT13
portManaT13

No matter what the governor says, this it raw tyranny, plain, pure, and simple. If it is unConstitutional, I will defer to the sheriffs and their determination about that before it gets into the court system.
“If it saves even one life,” says the governor. Well, I’m pretty sure she is referring to her own and her fellow tyrannically-inclined Leftist Loons’ lives.
And just who is it that gets to determine “a significant danger of causing imminent personal injury to self or others” if “school administrators, employers, or relatives” can file these affidavits?
"Citizens have a right to bear arms and we cannot circumvent that right when they have not even committed a crime or even been accused of committing one.”

Excalibr4
Excalibr4

Based on what I read, it isn't that big of a deal. The new law states the petition has to be presented by an LEO. So let THAT LEO go confiscate. If there is a credible threat, then the guns should be confiscated, but the "threat to themselves" is bullshit. There are probably thousands of felons with guns in NM that haven't had their guns confiscated. Just add this to the heap of gun laws already on the books, but not being enforced. The suicide prevention confiscation is absurd, as it would throw LEOs in harm's way unnecessarily. The bottom line is. the confiscations, if carried out, should be done by a SWAT team. Better yet, why not have that tough talking governor go perform the confiscations?

kkat
kkat

All the Lefties think it so grand to disarm the American People. It's almost like they want to set up a Purge for population control so they can have more of our country for themselves. It will most surely backfire on them though. What we can only pray is that those Bozos find themselves looking down the barrel of a gun or a victim of a crime from one of the "Criminals" they so kindly let loose. Perhaps somebody could report the Mayor's Body guards as potential "Dangers to society" and LEO's can take their guns away? It is all a greedy power grab and it will soon come to an end. It is soo unconstitutional. Trump 2020 and a lot of this will be eliminated for good.

Old Sniper
Old Sniper

Sorry, Governor. You do not have any control over the Sheriffs. They are also elected, and they are the supreme law enforcement authority in their county. Yes, that means they out-rank YOU. Guess what? You come try to order them, you put yourself in their jurisdiction, nothing stopping any of them from arresting your dumb ass for treason...

Marbury v Madison, Supreme Court, 1803 - any law repugnant to the Constitution is null and void.

You expect a Sheriff to enforce a "law" that does not exist? Guess what, ya dumb bitch... Red Flag violates Amendments 2, 4, 5, and 6, and, depending on the reason, potentially 1 as well. Red Flag is unconstitutional. Period.

BlueProtects
BlueProtects

The red flag law is unconstitutional. I they insist on threatening there Law Enforcement there jobs over an unconstitutional political act then all of there Law Enforcement should stop work the same day and see how long the Citizens will last when the criminals here the they have no Law Enforcement there. The Legal Carry Citizens won't have a problem but I would pity those who backed the Red Flag Law to go in effect. Once they beg there Law Enforcement back they should require a substantial raise to return and to put a stop to the Red Flag Law. Hopefully there wouldn't be and deaths. If so it wouldn't be the Law Enforcement's fault. It would be there elected Politicians fault.

JustMyTwoCents
JustMyTwoCents

I hate that logic - "If it saves one life, it will be worth it". That logic can be used until people have no rights left at all. The loss of a single life is tragic, but the answer is NOT taking away the rights of the people. This is the same logic that is being used in the opioid crisis - that no one should get pain medication because someone might overdose on it. According to the CDC, NIH, and other research, the rate of addiction (not overdose, but just addiction) to pain medication when taken as prescribed by a doctor is 0.1%. That is 1/10 of 1%. But again, we punish the many for the sake of the one life that might be saved. Terribly flawed logic.

ramrodd
ramrodd

Red Flag Laws Mean Red Flag Rising.. Trump Opens Door For Gun Confiscation In America
Really? We are going to let the government tell us who is crazy? Folks, this is a HUGE step on the slippery slope toward totalitarianism. Allowing the government to decide who is mentally unfit to own a firearm without due process is patently Stalinesque. Face it: In the states that pass these “red flag” laws, police can confiscate the guns of anyone they want. Period. Constitutional due process is absolutely dead in those states. And if the federal government passes a national version of a “red flag” law, constitutional due process is dead in America. Disingenuous politicians, both Republican and Democrat, who pass these Orwellian backdoor gun control laws (which is exactly what “red flag” laws are all about) are only using Marxist-style incrementalism to further destroy the Second Amendment—along with the rest of our Constitution. Rightly are these tyrannical laws called “red flag” laws, because that is exactly what they are.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Pastor Chuck Baldwin

ramrodd
ramrodd

Marxists who infect our government plus the media prostitutes who protect them will gleefully lie, falsify, fabricate, slander, libel, deceive, delude, bribe, and treasonably betray the free citizens of the United States into becoming an unarmed population. Unarmed populations have been treated as slaves and chattel since the dawn of history.
Only dictators, tyrants, despots, totalitarians, and those who want to control and ultimately to enslave you support gun control.
No matter what any politician or hard-left mainstream media tells you concerning the statist utopian fantasy of safety and security through further gun control: They are lying. If their lips are moving, they are lying about gun control. These despots truly hate America..
These tyrants hate freedom, liberty, personal responsibility, and private property. But the reality is that our citizens’ ownership of firearms serves as a concrete deterrent against despotism. They are demanding to hold the absolute power of life and death over you and your family.
Ask the six million J ews, and the other five million murdered martyrs who perished in the N azi death camps, how being disarmed by a powerful tyranny ended any chances of fighting back. Ask the murdered martyrs of the Warsaw Ghetto about gun control.
Their single agenda is to control you after you are disarmed. When the people who want to control you hold the absolute power of life and death over your family, you have been enslaved.
American Thinker

ShadowGryphon
ShadowGryphon

Officers Discretion FOR THE WIN!

BHirsh
BHirsh

According the the 4th Amendment, warrants may issue only upon probable cause of a crime. "Red Flag" laws bypass that constitutional requirement, and are facially unconstitutional because rights are suspended based merely upon reasonable suspicion that a crime may be committed.

That unconstitutionally puts the cart before the horse.

Additionally, liberty and/or property can't be denied without due process of law. Ex parte hearings that deny fundamental rights are not due process of law; they happen without the respondent being present or even notified, and s/he has no opportunity to face accusers, cross-examine witnesses, present witnesses, and introduce evidence in their own behalf.

They are popular because they are emotionally appealing to the Great Unwashed, however, the Constitution has no work-around for emotionalism, and their enactment in several states just proves that politicians don't give a damn about constitutional limitations on their powers.

They need to be challenged up to the SCOTUS, who should strike them down without hesitation.


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