Gov. Michelle Lujan Grisham signed the extreme risk protection order, or ‘red flag,’ bill into law Tuesday, continuing the shift of gun laws since she was elected. New Mexico is now the 18th state, plus Washington D.C., with such a law on the books. The bill was one of the governor’s legislative priorities for this session and one of the most controversial pieces of legislation. No Republicans in either chamber supported the legislation, and it passed the House by nine votes before narrowly clearing the Senate by just two votes. The bill would allow law enforcement officers to petition a court for temporary removal of firearms from those who they believe are at risk of harming themselves or others.
“New Mexico has balanced individual rights and public safety in a responsible way that will reduce our unacceptable suicide rate and other forms of gun violence,” Lujan Grisham said in a statement after signing the bill into law.
Gov. Michelle Lujan Grisham said Friday she will not abide lack of enforcement by any sheriff or other local government official who opposes a new law intended to reduce gun violence. Her comments came during a press conference at which she defended her support of Senate Bill 5, which cleared the Legislature on Thursday and which she intends to sign into law, adding New Mexico to the list of states that have passed what are called “red flag” laws. The measure will allow authorities to petition courts to temporarily remove firearms from someone deemed a threat to themselves or others. “If just one life is saved, if one potential [dangerous] situation is averted, then we’re doing our job,” she told reporters. Her comments came after news that Lea County Sheriff Corey Helton told people at a Eunice City Hall meeting Monday he would rather go to jail than enforce the law, which he thinks is unconstitutional.
After weeks of heated testimony, the last legislative debate on a contentious gun-control bill played out with little drama Thursday night on the House floor. But there was a moment late in the proceedings when Rep. Antonio “Moe” Maestas choked up with emotion. The Albuquerque Democrat described his wife’s 41-year-old cousin, Celena Alarid, sticking a gun in her mouth and pulling the trigger. “She went to heaven sooner rather than later,” he said.
But much of the three-hour debate over Senate Bill 5 played out like a piece of lackluster theater — one in which everyone involved knew their lines, everyone was tired of saying them and the final scene was very easy to predict. The House voted 39-31 Thursday night to approve the so-called “red-flag” bill, which will allow law enforcement to petition for a court order to take away a person’s firearms. A judge would require the person to give up their guns for 10 days — an order that could be extended to one year — if probable cause is found that the person poses a threat to themselves or others.
Despite the freezing cold, Stefani Lord wore a T-shirt that read “Pro-Gun Women” as she waited in line to speak against passage of gun-control legislation known as a “red flag” bill.
“Rural people feel differently from those who live in urban cities,” said Lord, who lives in a rural part of Bernalillo County. “We feel disenfranchised … like Santa Fe is not listening.” Opponents of Senate Bill 5, perhaps the most controversial piece of legislation in this year’s session, made what may have been their last stand Tuesday during a House Consumer and Public Affairs Committee hearing. Though the outcome was not unexpected — the Democratic-controlled committee moved it to the House floor by a 3-2 vote along party lines — the frustration felt by the bill’s detractors remained as palpable as it was last week, when it passed the Senate by a narrow 22-20 vote.
If the House approves Senate Bill 5 — which is likely, since Democrats who favor the bill outnumber Republicans by a ratio of almost 2 to 1 — it will then go to the desk of Gov. Michelle Lujan Grisham, who has been pushing for the bill over the past year.
Many people came to the Capitol to speak about the bill, but their mood, and perhaps words, were more about lifestyle than mere votes.
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.
So-called “red flag” legislation narrowly cleared the Senate Judiciary Committee on Wednesday by a vote of 6-5. Senate Bill 5, also known as the Extreme Risk Firearm Protection Order Act, now moves to the Senate floor for consideration. It would allow law enforcement officers to petition for a court order to take away a person’s firearms. A judge would require the person to give up their guns for 10 days — an order that could be extended to one year — if probable cause is found that the person poses a threat to themselves or others. The legislation, introduced by Sen. Joseph Cervantes, D-Las Cruces, is one of the most contentious of this year’s legislative session. But it is one of Gov. Michelle Lujan Grisham’s key crime-fighting initiatives, and gun-safety proponents say it will save lives and reduce gun violence.
The state Senate’s Democratic leadership has banned firearms from a much-anticipated hearing set to take place Tuesday on a controversial gun bill, citing safety concerns.
Senate President Pro Tem Mary Kay Papen said on the chamber floor Monday that the public will not be able to carry guns while attending a Senate Public Affairs Committee hearing on legislation that would allow so-called extreme risk protection orders. “We want to make sure we don’t have any incidents,” Papen, D-Las Cruces, said in an interview. “Nationally, we have so much anger on this issue. We’re just trying to forestall any problems.”
The legislation, filed as Senate Bill 5 and House Bill 7, is a marquee item on Gov. Michelle Lujan Grisham’s agenda and likely to be one of the most contentious bills heard during the session. The New Mexico Sheriffs’ Association has voiced strong disapproval of the proposal, which would allow law enforcement to obtain a court order to remove guns from people considered dangerous.