EDITORIAL: NM needs all law officers, lawmakers on its red-flag law
Aug. 30—The problem with partisan legislation, no matter how needed or well done, is lack of buy-in. N.M.'s Extreme Risk Firearm Protection Order Act is a prime example. The law allowing firearms to be taken from those deemed a danger to themselves or others passed with Democratic votes only.
Moreover, 30 of the state's 33 sheriffs opposed it, arguing the law violates the Second Amendment right to bear arms, the Fourth Amendment right against unreasonable search and seizure and the 14th Amendment ensuring due process.
Consequently, after taking effect in May 2020, the law has been rarely used. As of June, only nine petitions for court-ordered gun seizures had been filed. Just five of those cases resulted in one-year orders being approved.
That's hardly the "meaningful tool to address gun violence" Gov. Michelle Lujan Grisham promised at the bill signing ceremony at the state Capitol, surrounded by Moms Demand Action and Everytown for Gun Safety.
The Democratic governor last week ordered the creation of a seven-member task force to educate law enforcement on the law and increase public awareness. We hope that will help officers and deputies honor the intent of the law, which was to be used judiciously when a real threat is perceived.
Because there are times it can protect people. For example, police say a 52-year-old man who shot and killed two teenagers — including his ex-girlfriend's daughter — and then himself near Cottonwood Mall in May was under a temporary restraining order. Yet he remained armed, despite threats he directed at the teen girl, whom he was accused of sexually assaulting for years.
Lawmakers have a role as well. N.M.'s red flag bill was revised so only law enforcement officers or prosecutors can file a petition in state court for an order to prohibit someone from possessing firearms, and only with a referral. It is worth considering if that should be broadened — first to allow law enforcement to request one without a referral, and also to allow family members, school administrators or employers to request one without going to law enforcement. The law already has safeguards: only the court can order weapons be seized, only for an initial 10-day period, and a hearing is required for seizure to be extended to a year.
In comparison, Florida — no blue state by any means — judges have granted more than 8,000 orders to take guns out of the hands of those deemed to pose a threat to themselves or others. Florida's Republican-controlled Legislature passed its red flag law in 2018.
Our governor is right to try to get the word out on how our red flag law works; that starts with sheriff deputies and police officers on the front lines every day. Safety should not be a partisan issue, and New Mexico does not need another well-intentioned crime-fighting law on the books that's rarely enforced. Recall our never-used Three Strikes law?
Bill-signing ceremonies and election rhetoric won't make a dent in the scourge of the record-setting gun violence we're seeing. A red-flag law supported and enforced by law enforcement of all political persuasions could.
This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.
