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.
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.
In an emotional hearing before hundreds of supporters and detractors, a state Senate panel narrowly passed a high-profile gun bill on Tuesday that would allow law enforcement to obtain a court order to confiscate guns from people considered dangerous. The Senate Public Affairs committee voted 4-3 along party lines in favor of Senate Bill 5, known as the “Extreme Risk Firearm Protection Order Act.” The bill will now be sent to the Senate Judiciary Committee. The legislation 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. If it becomes law, New Mexico would join 17 other states and the District of Columbia that have similar measures, also known as “red-flag” laws. Sen. Joseph Cervantes, D-Las Cruces, who is co-sponsoring the legislation and is an attorney, invoked last year’s mass shooting at an El Paso Walmart as a reason why the bill should be passed.