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High court hears gun-law arguments
Josey1
Member Posts: 9,598 ✭✭
High court hears gun-law arguments By DEBORAH BAKER/The Associated Press November 08, 2001 Albuquerque Mayor Jim Baca asked the state Supreme Court to stop application and licensing procedures for concealed handguns, saying the new state law is unconstitutional. But the attorney general said Baca is misreading the state constitution, and that nothing prevents the Department of Public Safety from carrying out the law.The five justices heard arguments in the case in Santa Fe on Wednesday, but took no immediate action.Under the law, licenses may be issued in January."We're going full speed ahead to meet the mandates of the legislation, until we hear otherwise," DPS Secretary Nicholas Bakas said after the hearing.The law, passed this year, allows New Mexicans 21 and older to carry loaded, concealed handguns if they get training, pass a background check and obtain a license. Cities and counties, however, may opt out.The fight is over a provision of the constitution that says no law may abridge a citizen's right to keep and bear arms "but nothing herein shall be held to permit the carrying of concealed weapons."Baca says that makes the new law flatly unconstitutional."Our view is that nothing could be clearer than this provision," Baca's lawyer, David Campbell, told the high court."In less than 54 days from today, licenses for concealed handguns will begin to be issued by the Department of Public Safety if something isn't done," Campbell said.Assistant Attorney General Jerome Marshak argued that while the constitution doesn't guarantee the right to carry concealed weapons, it doesn't preclude the state from authorizing it in statute.He said it's legal, for example, to keep loaded, concealed guns in homes and vehicles, and for police officers to carry them.Perhaps that's simply because no one has challenged those laws, suggested Justice Gene Franchini."There may be a lot of unconstitutional laws out there, but they're still on the books and they're still enforced," Franchini said.Sen. Shannon Robinson, D-Albuquerque - who sponsored the legislation and represented three Albuquerque residents in the case - said the mayor was trying to get from the court what he couldn't get from the City Council. The council rejected Baca's proposal that Albuquerque opt out of the new law and not allow concealed, loaded handguns.Baca says new law is a bad idea for lots of reasons."My kids won't be any safer with concealed weapons on the street. They'll be in danger," the mayor said after the hearing.Baca leaves office at the beginning of December, making way for Martin Chavez, who defeated him in an election last month. http://www.sfnewmexican.com/site/news.cfm?newsid=2610974&BRD=2144&PAG=461&dept_id=367954
Comments
I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!