Red flag bill passes Senate

The New Mexico Senate approved high-profile gun legislation in a narrow vote Friday, likely clearing the way for the bill to become law. The chamber voted 22-20 to pass an amended version of Senate Bill 5, also known as the Extreme Risk Protection Order Act. Under the legislation, law enforcement officers would be able to […]

Red flag bill passes Senate

The New Mexico Senate approved high-profile gun legislation in a narrow vote Friday, likely clearing the way for the bill to become law.

The chamber voted 22-20 to pass an amended version of Senate Bill 5, also known as the Extreme Risk Protection Order Act. Under the legislation, law enforcement officers would be able to petition for a court order to take away a person’s firearms for 10 days — an order that could be extended to one year — if they are found to pose a threat to themselves or others.

The measure now moves to the House, where it is expected to pass and make New Mexico the 18th state in the nation, plus the District of Columbia, to have a similar so called red flag law on the books. A comparable bill passed the House in last year’s session but didn’t make it to the Senate floor.

“After every one of these mass killings, we hear about thoughts and prayers and then the issue goes away,” Sen. Joseph Cervantes, the Las Cruces Democrat who is sponsoring the bill, said in his closing argument. “Until it happens again.”

Clearing the state Senate was considered the biggest hurdle for the bill. Even though Democrats have a 26-16 majority in the chamber, they have a number of conservative-leaning members who have blocked progressive measures backed by Democratic Gov. Michelle Lujan Grisham in the past.

While the legislation is a top priority for Lujan Grisham, several members of her party indeed voted against the controversial bill Friday, including Sen. Richard Martinez of Ojo Caliente, the co-sponsor of major gun legislation passed last year.

Yet one conservative-leaning Democrat, Sen. George Muñoz, in a surprise turnaround at the last moment, voted in favor of the bill, helping it over the finish line.

“I am so proud of the Senate,” Lujan Grisham told reporters after the vote passed. “I am incredibly proud of the courage they demonstrated today.”

The governor added that she was “very confident” the measure will pass in the House, while Rep. Daymon Ely, a co-sponsor of the bill, said House Democrats planned to move the bill forward without making any more changes.

It was a tense and warm environment in the packed chambers during the floor debate, heightened by a “call of the Senate” motion made by Sen. Daniel Ivey-Soto, which required all senators to be present in the chamber. At one point, Senate staff fanned themselves with stacks of documents as they walked through the room.

Debate on the heart of the bill took a while to get going, as Democratic senators first proposed and approved six amendments on the floor.

One amendment raised the standard needed for a judge to issue a one-year “extreme risk” order from probable cause to a preponderance of the evidence. Another change would allow a judge to decide how much time a respondent has to voluntarily turn in his or her firearms, instead of mandating, as a previous version of the bill did, that respondents would have 48 hours to do so.

In his comments on the floor, Cervantes described the emotional impact of last year’s shooting at a Walmart in El Paso, saying the bill could help prevent such massacres in the future.

“We have now before you the best law of this kind in the country,” he said when introducing the legislation.

Most of the debate was consumed by Republican senators, who chided the bill.

Sen. Gregory Baca, R-Belen, said it was not right to confiscate firearms from a person before they have committed any crime.

“This is something that may or might or could happen,” Baca said. “And here we are taking away someone’s property.”

Sen. Mark Moores, R-Albuquerque, argued the bill was redundant because a state law already on the books allows law enforcement to detain and subject people to a emergency mental health evaluation if they present a likelihood of serious harm to himself or others.

And as he did in an earlier debate, Sen. Stuart Ingle, the minority floor leader from Portales, said he was concerned the measure would be abused by people who could use it in situations where it’s not warranted, such as in divorce cases. 

Republican senators also rebuked some of the amendments, mocking Cervantes’ claim it was the best legislation of its kind in the country and scoffing at typos that needed to be fixed.

“Wow, the perfect bill with two typos,” Moores said sarcastically. “Six amendments later, two typos later, even getting more perfect.”

While few Democrats spoke, Majority Leader Peter Wirth argued an extreme risk law could have allowed law enforcement to stop the shooter in the 2017 shooting at Aztec High School.

“They were aware of the conduct by this individual that was creating the type of concern that this bill would address,” said Wirth, D-Santa Fe. “But they didn’t have the tool to go in and stop it.”

Muñoz, D-Gallup, sparred multiple times with Cervantes on the floor, questioning whether the bill would help ensure school safety and whether it could actually deal with the threat of violence.

“We’re taking away an object that makes a threat,” Muñoz said. “We’re not dealing with the person who actually made the threat.”

Yet Muñoz ultimately voted for the legislation. He said later he had been undecided up until the moment he said “yes.”

“Every chance you get to not have a parent go to their own child’s funeral is probably the best I can do,” he told The New Mexican.

Tony Mace, chairman of the New Mexico Sheriffs’ Association and a longtime opponent of the bill, said after the vote he still believed the legislation violated due process and he expected it to be challenged in court if it becomes law.

Cervantes said he had “certainty” the law was constitutional, pointing out a similar law is “already working” in neighboring Colorado.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Sandia researchers look at ways to store hydrogen underground

Sandia researchers look at ways to store hydrogen underground

As the world looks to decarbonize, governments are promoting hydrogen, a somewhat controversial energy source, as an important component of that effort. But that…
American Rivers ranks waters in New Mexico as the most endangered in the country

American Rivers ranks waters in New Mexico as the most endangered in the country

New Mexico rivers are the most endangered in the country, according to the annual report from American Rivers. This is because of two U.S.…
Economic Development Department announces Energy Transition Act funding awards

Economic Development Department announces Energy Transition Act funding awards

Funding to assist with economic development following the closure of the San Juan Generating Station will be distributed to four projects in San Juan,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Politics Newsletter: Early and absentee voting

Politics Newsletter: Early and absentee voting

Good morning fellow political junkies! Early and absentee voting for the June 4 New Mexico primary begins in about a month. The nonprofit election…
American Rivers ranks waters in New Mexico as the most endangered in the country

American Rivers ranks waters in New Mexico as the most endangered in the country

New Mexico rivers are the most endangered in the country, according to the annual report from American Rivers. This is because of two U.S.…

Can the Albuquerque Police Department ever be reformed?

by Joshua Bowling, Searchlight New Mexico In the past decade, reforming the Albuquerque Police Department has cost nearly $40 million and generated 5,600 pages…
Politics Newsletter: Uncommitted primary voting

Politics Newsletter: Uncommitted primary voting

Hello fellow political junkies! Early and absentee voting in the New Mexico Primary begin on May 7. With many voters readying their choice for…

GET INVOLVED

© 2023 New Mexico Political Report