New Mexico Sheriffs Refuse To Enforce Universal Background Checks

BY Herschel Smith
2 weeks, 4 days ago

News from New Mexico:

ALBUQUERQUE – A bill to expand background checks on private gun sales in New Mexico that’s awaiting the governor’s promised signature is presenting a key question for law enforcement as it heads for her desk: How do they expect to enforce it?

Debate over the bill exposed a rift in the state over gun rights before it won final approval in the Legislature this week and was sent to Gov. Michelle Lujan Grisham, who has described it as common-sense reform.

A large majority of sheriffs has vowed not to enforce the law, arguing it burdens lawful gun owners and will be difficult to enforce. That’s because a gun most likely would have to be used in a crime before law enforcement could investigate whether it had been purchased unlawfully, according to the bill’s opponents.

But others, including Santa Fe County Sheriff Adan Mendoza, say the measure will provide a public safety tool. For example, he said officers could follow up on complaints that felons or others restricted from owning firearms are obtaining them.

Doña Ana County Sheriff Kim Stewart said the measure offers deputies the ability to ask gun owners they encounter how they obtained a gun, just as they are now able to ask motorists if they are licensed to drive. It also offers private gun dealers increased opportunity to determine that they are not selling to a felon.

“I don’t think it’s unreasonable to ask them to do this one thing,” she said.

The bill is the first of a handful of proposed gun reforms this year to clear the Legislature, despite outcry from dozens of sheriffs and others that the law may infringe on state residents’ gun rights.

In an interview, University of New Mexico law professor Joshua Kastenberg said the law is “constitutionally sound,” but that he sees both those for and against the measure having compelling arguments.

“It’s more a political policy debate,” he said.

[ … ]

Cibola County Sheriff Tony Mace said he believes the bill violates his constituents’ rights.

As president of the New Mexico Sheriff’s Association, he organized a push for the county law enforcement officials to present draft resolutions to their commissioners declaring their jurisdictions Second Amendment sanctuaries. He said 26 out of 33 New Mexico counties have approved the resolutions.

New Mexico elected officials generally take oaths pledging to uphold both constitutions, as well as state laws.

What else would you expect a law professor to say?  There are two things here, the first being whether it should pass constitutional muster (it shouldn’t) and the second is whether it will as determined by the black robed tyrants who sit on the bench.  The answer is that it will, of course.

“Doña Ana County Sheriff Kim Stewart said the measure offers deputies the ability to ask gun owners they encounter how they obtained a gun …”  Answer: It’s none of your damn business.  Or better yet, “I’m being represented by my lawyer so you’ll have to pose the question to him.”  Don’t ever talk to the police, and don’t answer any such question.

Unless it’s a “Terry Stop” it’s unconstitutional, and if the stop is legitimate, don’t answer his questions.

As we watch the proliferation of gun control laws in America both at the national and state levels, you can expect to see more of this sort of thing, where local and state representatives, law enforcement officers and other authorities hand-wring over what to do with such unenforceable laws and regulations.  You can expect them to worry more about the danger to cops of trying to enforce things like this, and you can expect more cops and lawyers to fabricate all kinds of myths about what those laws allow them to do.

You can expect a requested swelling and bloating of the police state, but with unfunded liabilities approaching 300 trillion dollars, no money or personnel will be forthcoming.  And finally, you can expect more lies from the controllers about how this is a “common sense” proposal that will aid public safety.


Comments

  1. On March 7, 2019 at 10:01 pm, Heywood said:

    When are people going to get it through their thick skulls…this is about a universal gun registry. Period.

  2. On March 8, 2019 at 4:00 pm, Gryphon said:

    Heywood- Not until it’s Too Late.

  3. On March 9, 2019 at 3:13 am, Dan said:

    This one may refuse…..the Demonrats will insure that the NEXT ONE won’t.

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You are currently reading "New Mexico Sheriffs Refuse To Enforce Universal Background Checks", entry #20717 on The Captain's Journal.

This article is filed under the category(s) Gun Control and was published March 7th, 2019 by Herschel Smith.

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