In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
High court strikes down CCW law(followup)
Josey1
Member Posts: 9,598 ✭✭
High court strikes down concealed-handgun law
The Associated Press 06/05/2002
The New Mexico Supreme Court on Tuesday ruled the state's concealed-handgun law unconstitutional.
The state's highest court, in a unanimous opinion, said the Legislature violated the state constitutional prohibition against cities and counties regulating guns.
"It was a great decision and it's going to keep us all a little safer," said former Albuquerque Mayor Jim Baca, who had sued to get the law thrown out.
The law, approved by the 2001 Legislature, would have allowed people 21 and older to carry loaded, concealed handguns if they got training, passed a background check and obtained a license. The law allowed cities and counties the option of banning concealed weapons in their jurisdiction.
A majority of Santa Fe city councilors last year indicated they favored a ban within city limits. A poll of city residents conducted earlier this year for The New Mexican found four out of five opposed the prospect of citizens legally carrying concealed weapons in Santa Fe.
The Department of Public Safety was to issue concealed-handgun permits starting in January, but Baca's challenge blocked the state from issuing permits.
Tom English, secretary of the department, said his agency will comply with the decision and will determine how to reimburse people who had paid the application fee for a permit before the Supreme Court stopped the process.
The home telephone number for state Rep. Judy Vanderstar Russell, who sponsored the measure in the Legislature, was busy Tuesday afternoon.
"I see it as a way to reduce violent-crime rates in New Mexico, particularly against women," Russell, R-Rio Rancho, had said.
Criminals won't know who's carrying a gun, which should act as a deterrent, she said.
Russell, who was running for the GOP nomination for lieutenant governor Tuesday, said 43 other states have laws allowing concealed handguns.
However, the Supreme Court concluded New Mexico's law "unconstitutionally allows municipalities and counties to regulate an incident of the right to bear arms."
Baca had sued on the basis of another provision that states that "no law shall abridge the right of the citizen to keep and bear arms ... but nothing herein shall be held to permit the carrying of concealed weapons."
He said Tuesday the court ruled on "the narrowest argument."
"I felt all along that the law was unconstitutional, although they
found it unconstitutional on grounds that I did not sue on," Baca said.
At least two cities discussed a possible ban. In Las Cruces, residents voted in November to support the law in a nonbinding referendum. An Albuquerque City Council committee rejected a proposed ban for New Mexico's largest city.
Baca said he expects some legislators to try to pass a concealed-carry law again, but said he did not believe it would pass without the local option provision.
If it does, he said, opponents could revive his argument about the constitution prohibiting concealed weapons.
Baca, who lost a re-election bid for mayor last year, pointed out New Mexico law already allows people to carry weapons in plain sight.
"They've always had the option to wear a gun," he said. "They just cannot hide it in their purse or briefcase."
cSanta Fe New Mexican 2002
Reader Opinions
Post your opinion and share your thoughts with other readers!
Name: Lee Matthews
Date: Jun, 06 2002
I feel doubly fortunate: (a) I do not live in New Mexico and (b) I reside in a state where even the majority of Democrats support concealed carry and oppose additional firearms regulation. Washington State has had concealed carry for decades; the state constitution declares that bearing arms in defense of self is an individual right; and state law prohibits towns and counties from enacting their own gun ordinances. Is it any wonder, then, that Washington's murder rate is 3.25 per 100,000 residents while New Mexico's murder rate is 9.64 per 100,000 residents? (1999-- WISQARS, CDC)
Name: Brian Davis
Date: Jun, 06 2002
I agree with Mr. Sudborough, come people do prefer lawlessness, criminals. They love to have unarmed victims. Witness England's 53% increase in violent crime and the comensurate decrease in crime where concealed carry laws are in effect. As to the National Rifle Association misleading people, that dog won't hunt. The NRA isn't the agency to challenge the meaning of the second amendment, they support its meaning as it stands; The right of the people to keep and bear arms shall not be infringed. The government may restrict the size and type, but not the right. The only thing misleading here is to point to this flawed law and say "See, its not constitutional to carry a weapon" when the real flaw is attempting to give a lower governmental agency the ability to restrict the right granted by the higher government in violation to the state and federal constitutions. That is misleading!
http://www.sfnewmexican.com/site/news.cfm?newsid=4339595&BRD=2144&PAG=461&dept_id=367954
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
The Associated Press 06/05/2002
The New Mexico Supreme Court on Tuesday ruled the state's concealed-handgun law unconstitutional.
The state's highest court, in a unanimous opinion, said the Legislature violated the state constitutional prohibition against cities and counties regulating guns.
"It was a great decision and it's going to keep us all a little safer," said former Albuquerque Mayor Jim Baca, who had sued to get the law thrown out.
The law, approved by the 2001 Legislature, would have allowed people 21 and older to carry loaded, concealed handguns if they got training, passed a background check and obtained a license. The law allowed cities and counties the option of banning concealed weapons in their jurisdiction.
A majority of Santa Fe city councilors last year indicated they favored a ban within city limits. A poll of city residents conducted earlier this year for The New Mexican found four out of five opposed the prospect of citizens legally carrying concealed weapons in Santa Fe.
The Department of Public Safety was to issue concealed-handgun permits starting in January, but Baca's challenge blocked the state from issuing permits.
Tom English, secretary of the department, said his agency will comply with the decision and will determine how to reimburse people who had paid the application fee for a permit before the Supreme Court stopped the process.
The home telephone number for state Rep. Judy Vanderstar Russell, who sponsored the measure in the Legislature, was busy Tuesday afternoon.
"I see it as a way to reduce violent-crime rates in New Mexico, particularly against women," Russell, R-Rio Rancho, had said.
Criminals won't know who's carrying a gun, which should act as a deterrent, she said.
Russell, who was running for the GOP nomination for lieutenant governor Tuesday, said 43 other states have laws allowing concealed handguns.
However, the Supreme Court concluded New Mexico's law "unconstitutionally allows municipalities and counties to regulate an incident of the right to bear arms."
Baca had sued on the basis of another provision that states that "no law shall abridge the right of the citizen to keep and bear arms ... but nothing herein shall be held to permit the carrying of concealed weapons."
He said Tuesday the court ruled on "the narrowest argument."
"I felt all along that the law was unconstitutional, although they
found it unconstitutional on grounds that I did not sue on," Baca said.
At least two cities discussed a possible ban. In Las Cruces, residents voted in November to support the law in a nonbinding referendum. An Albuquerque City Council committee rejected a proposed ban for New Mexico's largest city.
Baca said he expects some legislators to try to pass a concealed-carry law again, but said he did not believe it would pass without the local option provision.
If it does, he said, opponents could revive his argument about the constitution prohibiting concealed weapons.
Baca, who lost a re-election bid for mayor last year, pointed out New Mexico law already allows people to carry weapons in plain sight.
"They've always had the option to wear a gun," he said. "They just cannot hide it in their purse or briefcase."
cSanta Fe New Mexican 2002
Reader Opinions
Post your opinion and share your thoughts with other readers!
Name: Lee Matthews
Date: Jun, 06 2002
I feel doubly fortunate: (a) I do not live in New Mexico and (b) I reside in a state where even the majority of Democrats support concealed carry and oppose additional firearms regulation. Washington State has had concealed carry for decades; the state constitution declares that bearing arms in defense of self is an individual right; and state law prohibits towns and counties from enacting their own gun ordinances. Is it any wonder, then, that Washington's murder rate is 3.25 per 100,000 residents while New Mexico's murder rate is 9.64 per 100,000 residents? (1999-- WISQARS, CDC)
Name: Brian Davis
Date: Jun, 06 2002
I agree with Mr. Sudborough, come people do prefer lawlessness, criminals. They love to have unarmed victims. Witness England's 53% increase in violent crime and the comensurate decrease in crime where concealed carry laws are in effect. As to the National Rifle Association misleading people, that dog won't hunt. The NRA isn't the agency to challenge the meaning of the second amendment, they support its meaning as it stands; The right of the people to keep and bear arms shall not be infringed. The government may restrict the size and type, but not the right. The only thing misleading here is to point to this flawed law and say "See, its not constitutional to carry a weapon" when the real flaw is attempting to give a lower governmental agency the ability to restrict the right granted by the higher government in violation to the state and federal constitutions. That is misleading!
http://www.sfnewmexican.com/site/news.cfm?newsid=4339595&BRD=2144&PAG=461&dept_id=367954
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
SUBMARINE SAILOR,TRUCK DRIVER,NE'ER DO WELL, INSTIGATOR,AND RUSTY WALLACE FAN