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New Mexico Republicans: People to Overturn Anti-Second Amendment Law

March 17, 2019 by Dean Weingarten 8 Comments

New Mexico’s Second Amendment supporters are doing more than passing Second Amendment sanctuary resolutions. The New Mexico Republicans are leading a movement to repeal the anti-Second Amendment law using the power of the people.

County map of New Mexico showing Second Amendment sanctuary counties opposing anti-Second Amendment law
The New Mexico counties colored green have passed Second Amendment sanctuary resolutions.

New Mexico has a provision in its Constitution that is rather similar to that in Switzerland. If the legislature passes a law that is offensive to the people, they can demand a referendum be held. If the law is not approved of in the referendum, the law is annulled. The Republican party in the New Mexico House released this notice from nmhousegop.com:

Santa Fe – House Republicans joined New Mexico’s Sheriffs to begin the process of overturning radical anti-2nd Amendment laws on Thursday. Joining thousands of New Mexicans who rallied against anti-Second Amendment bills across the state, House Republicans announced they will begin the formal process to annul Senate Bill 8.

Under the New Mexico Constitution, the people have the power to “disapprove, suspend and annul” laws enacted by the Legislature. The process begins with a petition of New Mexico voters and requires several different actions depending on the number of signatures. The number of required signatures is based on the voters who cast a ballot in the 2018 General Election and actions to be taken include:

  1. If 10% of voters sign a petition, the law is placed on the ballot for approval or rejection of all voters.

  2. If 25% of the voters sign the petition within 90 days after adjournment of the session, the law is immediately suspended and it is placed on the ballot for approval or rejection of all voters.

“The response to this bill and others like it all around New Mexico is unprecedented, and we need to listen to the people,” said House Republican Leader Rep. Jim Townsend (R-Artesia).

“What is happening in Santa Fe does not reflect what an overwhelming number of New Mexicans want, so we’re going to make sure they are heard.”

“New Mexicans in 25 counties have made it clear that they do not support restrictions on their Second Amendment rights,” said House Republican Whip Rod Montoya (R-Farmington).

“Clearly Santa Fe is out of touch …This is not my New Mexico.”

Rep. Townsend sent a letter to the Secretary of State requesting the petitions for Senate Bill 8. The petitions will then be circulated across New Mexico for signatures.

A similar situation occurred in Colorado, where elected officials were recalled after voting for an anti-Second Amendment bill. Referendum such as in New Mexico are considerably more effective as they target the offending legislation directly.

This sort of referendum is specific. It has an excellent chance of passage. It has been used in Switzerland for over 100 years to limit and prevent the overreach of governmental power.

25% of voters from the last election would have to be collected within 90 days after the adjournment of the legislature, to suspend the bill until the next election. The legislature is expected to adjourn on March 16, 2019. The deadline would be about June 14th.

Ten percent of the voters from the last election would have to be collected by four months before the next general election, which would be in November of 2020. That would give the collectors about a year and three months to collect the signatures.

According to Ballotopedia, 175,412 signatures would be necessary for 25% of the previous election; 70,165 for 10% of the voters.

Do you believe the Pro Second Amendment forces and House Republicans will be successful in their efforts to annul or repeal the anti-Second Amendment law in New Mexico? What laws are on the books in your state to prevent or remedy laws that would seek to strip you of your right to bear arms? Share your answers in the comment section.


©2018 by Dean Weingarten


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Filed Under: Op-ed Tagged With: Gun Control, New Mexico, Second Amendment

Reader Interactions

Comments

  1. don says

    March 22, 2019 at 8:50 pm

    what I think is all the mass shooting’s is brainwash people by a maybe i say China or Russa or N. Korea to get us
    disarmed at home in case of a pending war ((( NO GUN’S ON THE MAN LAND ))) maybe some lift people are

    getting a paycheck from this? ***** PS that’s a maybe****

    Reply
  2. dave says

    March 23, 2019 at 12:26 am

    There is a bill currently making its way through the Pennsylvania Legislature that would require gun owners to register their guns with the State Police. There would be a registration fee and an annual $10 per gun fee. Two idiot representatives from Philadelphia (where you can’t carry a gun anyway} introduced it. This bill not only violates the 2nd Amendment, but the Pennsylvania Constitution as well.

    Reply
  3. ALLEN BELL says

    March 23, 2019 at 1:19 am

    Unfortunately, this is what happened on Thursday (3/21/19): “Copyright © 2019 Albuquerque Journal: SANTA FE – Secretary of State Maggie Toulouse Oliver on Thursday rejected a petition aimed at repealing New Mexico’s new background check law for gun sales.”

    “Toulouse Oliver, a Democrat, said Thursday that the state Constitution prohibits petitions for the repeal of “laws providing for the preservation of the public peace, health, and safety” – a finding that’s been repeatedly upheld by the courts, she said.

    House Minority Leader James Townsend, R-Artesia, said Thursday that he and other opponents of the law are considering their options, including the possibility of legal action.”

    I don’t know how this one will play out. It’s obvious what the Secretary of State’s argument is shaping up to be. It’s not unusual for the lawmakers in New Mexico to ignore what the constituency wants. But we’ve been seeing that at every level of government in the U.S. for years. Only now, our political parties are so polarized that we either get far left legislation or far right legislation. I feel like a ping-pong ball.

    Reply
  4. Gary Day says

    March 23, 2019 at 1:55 am

    Be Careful this is the coming attractions to a state near you! I noticed Sante Fe is not with the Second Amendment Citizens, in Texas we have the same problem with, Austin, Dallas, Houston, and San Antonio all communist illegal criminal alien sanctuary cities and full of crime! The people moving here from communist sanctuary and anti gun states are trying to change Texas into the states they have just run away from! It sounds a lot like the illegal criminal aliens who want to sneak in to our country while flying to flag of their country the said oppressed them, INSANITY!

    Reply
    • PETER says

      March 23, 2019 at 4:08 pm

      Mayne you can chase them out of Texas ask them to leave of force them out

      Reply
  5. Mitch says

    March 23, 2019 at 3:36 am

    Yes, I believe it will.
    Whatever will delay the bloodshed.
    They all must understand, we are ready to Fight them if they keep coming for our Rights.

    Reply
  6. pd says

    March 23, 2019 at 8:40 am

    Too bad this was rejected yesterday. NM only listens to the people that came here without legal documentation. https://www.abqjournal.com/1294593/secretary-of-state-denies-petition-to-overturn-nm-gun-law.html

    Reply
  7. Phil in TX says

    March 23, 2019 at 12:12 pm

    If the Secretary of State’s “opinion” is allowed to stand, a recall of any legislator that voted for this law is in order. Do not allow a liberal Democrat stomp all over your rights. Remove the offenders from office and have the next legislative session repeal the law. Stand up and protect your rights or you will lose them.

    Phil in TX

    Reply

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