Understanding New Mexico's 'red-flag' law

Santa Fe New Mexican ^ | February 13, 2020 | john R Lott Jr

[richardb72]

Nobody wants dangerous people to get guns. To some, the obvious solution is “red-flag” laws, which take away the guns of people deemed dangerous to themselves or others. Last week’s largely party-line vote in New Mexico’s Senate shows that these laws are more controversial than normally understood (“Senate passes ‘red-flag’ gun bill,” Feb. 8). But a better alternative already exists.

This alternative is commonly known as Baker Act statutes (New Mexico’s is called “civil commitments”), and they have been around in all states, most since the early 1970s. They allow police, doctors and family members to have someone typically held in most states and New Mexico for a mental health examination based upon a simple reasonableness test — little more than a guess or a hunch. In New Mexico, that period is limited to 24 hours.

These laws focus on mental illness, and they require that mental health care experts evaluate the individual. If a person can’t afford a lawyer, a public defender is provided. While judges can involuntarily commit an individual they believe is a danger to themselves or others, there is a range of options they can take, including taking away their guns, with the ultimate threat of involuntary commitment.

However, instead of using these laws, 17 states have now adopted “red-flag” laws, with 13 states passing them since the shootings at the high school in Parkland, Fla. While the public discussion of “red-flag” laws focuses on mental illness and suicide prevention as their primary use, only one “red-flag” law even mentions mental illness, and none requires a mental health expert evaluate the person.

And, unlike Baker Act statutes, these new laws don’t always offer safeguards, such as providing a lawyer for individuals who can’t afford one. When faced with legal bills that can easily amount to $10,000....

[rktman]

Crazyness.

[MadMax, the Grinning Reaper]

The real “Red Flag” law in New Mexico is if you fly the communist flag, you can get away with anything.

[rstrahan]

The Baker Act can and is used Willy-nilly here in Florida. Kids as young as 6 are marched off to be incarcerated for throwing temper tantrums, without the parents being informed and arriving at school to find the child gone. This act is blatantly unconstitutional as it allows someone to be incarcerated on the statement of an ‘authority’ without any due process or appeal.

[airborne]

Bookmark for later

[CedarDave]

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[LegendHasIt]

Hope the Sheriffs will declare that they will refuse to enforce like they did the other Unconstitutional laws that the leftist government has passed.