Lawmaker to revive ‘red-flag’ bill
Rep. Ely says 2020 measure will not reflect sheriffs’ ‘unworkable’ input
State Rep. Daymon Ely is moving forward with a plan to propose so-called red-flag gun legislation without modifying it based on criticism from state sheriffs, saying an attempt to compromise with them has failed.
“There was an attempt to work out a compromise with the sheriffs’ association,” Ely, D-Corrales, told the Courts, Corrections and Justice Committee on Wednesday. “That is not going to happen.”
Legislation allowing for “extreme risk protection orders” would let law enforcement obtain a court order to remove guns from people considered dangerous. Ely and Rep. Joy Garratt, D-Albuquerque, proposed a bill in the last session that cleared the House but wasn’t taken up in the Senate.
Since then, legislators and the sheriffs have attempted to work together on new legislation. In August, the New Mexico Sheriffs’ Association sent a letter outlining its objections to the previous bill after it participated in a June meeting on the matter with Ely and members of the office of Gov. Michelle Lujan Grisham.
On Wednesday, Ely called that feedback “unworkable.”
The August letter, written by San Juan County Sheriff Shane Ferrari, said the current draft of legislation would circumvent due process and that people considered a threat should be entitled to a hearing before having their arms taken away.
“Depriving a person of a right to possess firearms should only happen after a hearing of which the person has notice and is given an opportunity to participate,” Ferrari wrote.
Ely said giving such notice would allow people considered a threat time to harm themselves or others.
“I want to stay away from adjectives that would describe how unworkable that is,” Ely told lawmakers. “That says, ‘If you’re going to kill yourself or commit mass murder, you’ve got 15 days to do it.’ ”
Cibola County Sheriff Tony Mace, who chairs the association, said Wednesday the sheriffs stood by the objections they stated in the August letter and said lawmakers had not been willing to consider their point of view.
“We’ve put our recommendations out there,” Mace said. “It’s pretty much, ‘This is the way it is, take it or leave it.’ There’s no give or take on the other side.”
Ely said he and Garratt now plan to propose legislation for the next session that is very similar to the bill from last session.
Such a bill can only be taken up, however, if the governor allows it to move forward. In a 30-day session such as the one that starts in January, the Legislature may only consider bills related to the budget unless the governor puts nonbudgetary items on the agenda.
Ely said Wednesday he was “hopeful” Lujan Grisham would give the green light for the bill to be considered.
The Governor’s Office said a decision hasn’t been made.
“A final decision about such a bill being on the call hasn’t yet been made, as the entirety of the items that will be on the call is still being finalized,” said spokeswoman Nora Sackett.
The governor said after holding a domestic terrorism summit on Aug. 14 that she would push for passage of a bill on “extreme risk protection orders” in the next session. The summit was organized in response to the mass shooting in El Paso.
Ely and other Democratic lawmakers on the committee said they were “disappointed” that there were no sheriffs at Wednesday’s meeting.
“I’m also frustrated that we don’t have any participation today from the sheriffs,” said Sen. Peter Wirth, D-Santa Fe.
Mace said, however, that his association was not aware of the meeting.
“We weren’t invited,” he said. “I didn’t even know there was a meeting today.”
The only lawmaker at the committee hearing to express criticism of the legislation was Rep. William Rehm, a Republican from Albuquerque.
He said he believed warrants issued under the law should require a preponderance of the evidence, rather than probable cause.
“We’re talking about their Second Amendment rights,” Rehm said. “I think you need to use the highest standard if you’re going to take away someone’s constitutional right.”
Ely responded that while probable cause would be the standard to first obtain a risk protection order, a preponderance of the evidence would be needed to keep the order in place within 15 days after it was issued.
Numerous sheriffs opposed a law passed earlier this year that expanded background checks to nearly all private gun sales, and at least 26 county commissions approved so-called Second Amendment sanctuary ordinances in opposition.