The revised legislation would allow law enforcement officers to petition courts to take away a homeowner’s guns if authorities believe that person poses a threat to himself or others.
The Senate approved SB5 by a vote of 22-20.
This bill is wrong and treats gun owners as if they are criminals. Republicans on the Senate Floor pointed out that anyone–a neighbor, a co-worker–could contact law enforcement and make unsubstantiated allegations in an attempt to take away firearms from an innocent and law-abiding person.
“Our Constitutional rights will not be taken without a floor fight,” said House Whip Rod Montoya (R)-Farmington. “Put aside the fact they are attacking our constitutional rights, this law has many flaws and causes much confusion for gun owners. It will place our law enforcement officers in danger when they arrive at a law-abiding citizen’s home and enter to remove their firearms without due process.”
“I understand the Democrats want to quickly get this law on the books, but it is irresponsible to pass legislation that is unenforceable,” said Representative Alonzo Baldonado (R)-Los Lunas. “The question of due process and the other controversies surrounding the red-flag alarmist mentality should give all New Mexicans pause when they check to see how their Senators voted.”
The Red Flag legislation now moves over to the House and could be addressed in committee in a matter of days.