Attribute to L. Neil Smith’s The Libertarian Enterprise

Recently, Attorney General Hector Balderas sent a letter to 26 county sheriffs stating that, "As law enforcement officials … we do not have the freedom to pick and choose which state laws we enforce," in reference to the "universal background checks" mandated by the newly-passed Senate Bill 8. ^[1],[2]

So why is that Balderas is himself choosing to ignore existing State law, specifically Article II, Section 6 of the Constitution of the State of New Mexico: ^[3]

No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

Maybe I missed the amendment to the State Constitution that repealed Article II, Section 6? I don’t remember seeing such an amendment on the ballot during the 2018 election.

Never mind that actual criminals and terrorists won’t bother at all to go through a background check through a federally-licensed dealer, as mandated by SB 8. They’ll steal them, or get someone else to buy them, or whatever. You see, they have discovered this massive loophole in SB 8 (and other such laws) called "breaking the law."

Balderas also said that "the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law."

How much liability will Balderas, Lujan-Grisham, or the legislators who pushed SB 8 assume should someone denied a firearm under color of SB 8 be injured or killed after the fact, say by a deranged ex-spouse?

Most likely they will assume zero liability (don’t bother trying to sue them on this—they will invoke "sovereign immunity" ^[4]) and skate away from any responsibility. After all, it wasn’t one of the Political Class that was killed or maimed, so who cares, right?

 

FOR FURTHER REFERENCE

Albuquerque Journal — Friday, 5 April 2019: AG directs sheriffs, chiefs to enforce gun law by Dan McKay and Dan Boyd, Journal Capitol Bureau

New Mexico Legislature page: "2019 Regular Session—SB 8" ["SB" = "Senate Bill" MWB]

New Mexico Compilation Commission — Article II, Section 6 of the Constitution of the State of New Mexico

The Libertarian Enterprise — Number 23, 1 March 1997—Down By Law by Victor Milán

 

Copyright © 2019 Mike Blessing. All rights reserved.