Unconstitutional gun grab bill now heads to governor’s desk (New Mexico)

The Piñon Post ^ | March 18, 2025 | Piñon Post staff

[CedarDave]

House Bill 12 (HB 12), recently passed by the New Mexico Senate, proposes significant amendments to the state’s “Extreme Risk Firearm Protection Order Act,” commonly known as the red flag law.

While the bill aims to enhance public safety by allowing law enforcement officers to directly petition for firearm seizures and mandating immediate relinquishment upon a judge’s order, it raises substantial constitutional concerns, particularly regarding due process under the Second Amendment.​

A critical issue with HB 12 is its provision for the immediate confiscation of firearms upon the issuance of an Extreme Risk Protection Order (ERPO), without affording the respondent a prior hearing. This approach effectively permits the deprivation of an individual’s Second Amendment rights without due process, as the individual is not given an opportunity to contest the allegations before their firearms are seized.​

This procedure stands in stark contrast to the principles outlined in the U.S. Supreme Court’s decision in United States v. Rahimi (2024), which prohibits disarmament without a hearing before the firearms are seized.

HB 12’s mandate for immediate firearm relinquishment upon service of an ERPO, without a prior hearing or judicial determination of a credible threat, conflicts with the due process requirements underscored in the Rahimi decision. The bill violates the constitutional guarantee of due process by allowing firearms to be seized based solely on an ex parte order—where the respondent has no opportunity to present their case.​

Moreover, empowering law enforcement officers to initiate these petitions based on information gathered during their official duties raises additional concerns.

While purportedly intended to streamline the process, this provision could lead to potential abuses of power and the infringement of individual rights without adequate judicial oversight.​

The bill now heads to Gov. Michelle Lujan Grisham’s desk for a signature.

[CedarDave]

Below is the status of another gun bill in the NM legislature:
SB-279, GAS-OPERATED SEMIAUTOMATIC FIREARMS EXCLUSION ACT, substitute bill passed the Senate Judiciary Committee on March 8 over the no vote of the Dem committee chair. Sent to Senate Finance and waiting to be heard but not scheduled. Session ends noon this coming Saturday so it is very likely dead as it was not heard in the NM House.

[CedarDave]

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[dljordan]

Mike Bloomberg is trying to save America by bribing politicians. Same exact thing in Colorado.

[cowboyusa]

Democrats give the example, President Trump can ignore the Courts.

[FlingWingFlyer]

You guys need to dump that Mommy Syndrome when you vote.

[DesertRhino]

A critical issue with HB 12 is its provision for the immediate confiscation of firearms upon the issuance of an Extreme Risk Protection Order (ERPO), without affording the respondent a prior hearing. This approach effectively permits the deprivation of an individual’s Second Amendment rights without due process, as the individual is not given an opportunity to contest the allegations before their firearms are seized.​

This is ass backwards. If the nut, criminal or deranged maniac is so violent you need to remove the guns from the house. Maybe you need to remove HIM from the house to the jail or nuthouse as required.
What is the logic in taking his guns away, but leaving him there where he can access electricity, gasoline, explosives, butcher knives, hatchets, homemade flamethrowers, F-250 pickups, baseball bats, crossbows, ball peen hammers, etc etc?

I don’t get it.

[DesertRhino]

New Mexico is a femocracy. 2/3 of the house is female, the senate is 1/3 female (dem supermajorities in both). The Governor, Sec of State female. AG is a Soros male. The State Supreme Court is -all democratic- and 3 of the 5 are female.

The congressional delegation; 2 male senators, one a homo.
3 representatives, 2 girls and a homo. At least one of the girls was an employee of Ghislaine Maxwell.

New Mexico is a Femocracy...a government of women and LGBTs.

[faithhopecharity]

our neighbor wonders how many American citizens would even cooperate with such a patently unconstitutional “law?”

doubtful

[CedarDave]

This bill was introduced February 20, passed the NM House last Thursday and has but one referral in the Senate (to be heard tomorrow 3/19 in Senate Rules Committee):
HB-518, declaring "LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER AND EXPANSIVE DAY" a public holiday.

Noon Saturday can not come soon enough.

[CdMGuy]

New Mexico is an absolutely beautiful state but due to its politicians turns out to be a highly unattractive place to reside.

[rktman]

Gee whiz CedarDave. You think “they” will sign it? Never mind we know. Sad situation!

[Tijeras_Slim]

My rep Stefani Lord is an absolute right wing butt kicker. Unfortunately she’s outnumbered by the libs.

[CedarDave]

BTW, see this thread on the bill that I just posted:

https://freerepublic.com/focus/f-chat/4305199/posts

[doc maverick]

The leaders are all taking bribes from invading, alien criminals who don’t want resistance from citizens with guns. It’s the same in Oregon. Demoncrats make extra money in several ways: drug terrorists, CCP agents and laundering taxpayer’s money.

[LegendHasIt]

Remember the old days in NM when even the vast majority of the Democrats were very pro-gun?

[Ruy Dias de Bivar]

Another back door to ban the best coyote and feral hog gun in the USA! The AR-15!
Ever notice how semi auto rifles have been around since 1903 and only since 1984 have they become a problem?
Before 1984 the democrat cry was “WE ONLY WANT TO REGISTER AND BAN HANDGUNS! RIFLES WILL NOT BE AFFECTED!”

Then they realized semi-auto rifles were a “target of opportunity.”
NEVER TRUST A DEMOCRAT WITH YOUR GUNS RIGHTS.

[chopperk]

Take guns from the people and cartels will be the only ones wi th guns, Gov wants to keep her cash flow going.

[Ruy Dias de Bivar]

The democrat mantra,,,”Never let a crisis go to waste!” or how California created a crisis in 1989 to pass anti semi-auto rifle legislation...
They wrote a horrid anti gun bill which was so unpopular it was pulled and shelved.
Then they released Pat Purdy from an insane asylum and allowed him to buy a rifle in Oregon and a handgun in California filling out paperwork and passing the waiting period in violation of State and Federal laws.
He then went and shot up the Stockton school yard, killing several students and himself.
The shelved bill was pulled out and passed so fast before opposition could be mounted against it.
Now they are trying to pass such legislation in Colorado, which has been Californicated and New Mexico.
When I lived in those two states decades ago I had firearms that would make me a criminal in my own home yet legal in most other states.

[LegendHasIt]

"NEVER TRUST A DEMOCRAT WITH YOUR GUNS RIGHTS."

Heck, I wouldn't trust one with the loose change under my seat cushions, to baby-sit a child or make me a meal without spitting in it.