Secretary of State denies petition to overturn NM gun law

The Albuquerque Journal ^ | Dan McKay

[CedarDave]

SANTA FE — Secretary of State Maggie Toulouse Oliver on Thursday rejected a petition aimed at repealing New Mexico’s new background checks law for gun sales.

The petition, filed by Republican lawmakers in the state House, sought to put the legislation before voters through a rarely used referendum process. No law has been repealed by referendum in New Mexico since 1930, according to legislative staff.

Toulouse Oliver, a Democrat, said Thursday that the state Constitution prohibits petitions for the repeal of “laws providing for the preservation of the public peace, health, and safety” — a finding that’s been repeatedly upheld by the courts, she said.

At issue is legislation expanding New Mexico’s background check requirement for gun sales. Senate Bill 8 expanded the requirement to nearly any firearm sale in the state, including transactions between private individuals.

Licensed dealers already must complete the checks.

The legislation ignited opposition in rural parts of the state, as many counties declared themselves a “Second Amendment Sanctuary.”

Toulouse Oliver said she consulted with the state Attorney General’s Office on how to handle the petition for a referendum.

In a letter to House Minority Leader James Townsend, R-Artesia, Toulouse Oliver said the petition had a number of technical deficiencies, in addition to the constitutional exemption that bars repeal of laws on public safety.

Sen. Richard Martinez, an Española Democrat and co-sponsor of the bill, said the legislation “has nothing to do with the Second Amendment – it’s all about saving lives.”

[CedarDave]

Damn DemonRats are in power in NM, intend to stay that way and will do anything to prevent dilution of their power.

[CedarDave]

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[The Toll]

They intend to make us kill them.

[Steely Tom]

George Soros bought most of the Secretaries of State in the country some years ago.

[laplata]

You’re right.

[old-ager]

payback is coming for these arrogant assholes

[Robert A Cook PE]

Gee.

What candor and what an unbiased review.

A democrat Sec of State, working for the democrat gvoernor who signed the law, checked with the democrat Attorney General who also works for the democrat governor who approved the bill, to get a finding that this petition is illegal because the bill affects what they all call “public safety.”

In the meantime, they kill children born alive.

[rktman]

Same in NV CedarDave. 😡 Too old to be packin up and moving again. 70 is in the rear view.

[DocRock]

Pop quiz... Name a law that isn’t in the interstate in public peace, health or safety.

[DocRock]

I hate speel cheek

[backwoods-engineer]

You pesky proles have no rights. The Secretary of State so rules.

Our Founders would be loading their guns about now.

[themidnightskulker]

If they weren’t already banned....

[IronJack]

In other words, the unwashed are not allowed to decide what’s for their own safety and well-being. That’s the job of their betters in government. And once they’ve decided on it, don’t you dare question it!

[Fiddlstix]

[PIF]

In the meantime, they kill children born alive.

—

and when pressed will, no doubt, praise Islam calling muslims victims ...

[PIF]

Our Founders would be loading their guns about now.

---

Our Founders would have been firing those guns for some years by now.

[Pox]

So be it.

[vpintheak]

Sue her and the state! There is no way this illegal decision can be held up.

[CedarDave]

In other words, the unwashed are not allowed to decide what’s for their own safety and well-being. That’s the job of their betters in government. And once they’ve decided on it, don’t you dare question it!

Or as former VP Biden calls Trump supporters in a speech: "The Dregs Of Society"

[Amendment10]

"Toulouse Oliver, a Democrat, said Thursday that the state Constitution prohibits petitions for the repeal of “laws providing for the preservation of the public peace, health, and safety” — a finding that’s been repeatedly upheld by the courts, she said."

FR: Never Accept the Premise of Your Opponent’s Argument

From related threads …

To begin with, federal laws reasonably based on powers expressly amended to the Constitution by the states trump state constitutions and state laws.

"Article VI, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding [emphases added]."

Next, note that the 14th Amendment (14A) expressly gives Congress the specific power make sure that the states respect rights that the states amend the Constitution to expressly protect.

Regarding the 2nd Amendment (2A), the congressional record shows that Rep. John Bingham, the main author of Section 1 of 14A had included 2A when he read the Bill of Rights as examples of enumerated rights that 14A applies to the states.

From the 14th Amendment:

• "Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

• "Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

• John Bingham, Congressional Globe. (See 2nd Amendment (Article II) from Bingham's clarification about in middle of 2nd column.)

So the feds have the express constitutional authority to prohibit abridgment of constitutionally enumerated rights by the states regardless what state constitutions and politically correct state gun-control laws say about public safety for example.

A previous generation of Supreme Court justices had put it this way about Congress exercising its 14A powers to strengthen constitutionally enumerated protections.

“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.

H O W E V E R …

We are still stuck with a corrupt, post-17th Amendment ratification Congress that has been wrongly ignoring its constitutionally enumerated duty to stop activist states from abridging constitutionally enumerated rights, career federal lawmakers predictably not lifting a finger to strengthen 2A rights in NM in this example, and risk not getting reelected by doing so.

The remedy for this problem is the following.

Patriots in all states to come to rescue of pro-2A NM citizens by doing the following.

Patriots need to elect a new patriot Congress in 2020 elections that will not only promise to support PDJT's vision for MAGA, but will also promise to do its duty to exercise its 14A powers to strengthen constitutionally enumerated rights from abridgment by state actors, New Mexico's overreach on 2A in this example.

Remember in November 2020!

MAGA!

Corrections, insights welcome.