New Mexico Supreme Court Strikes Down Concealed Weapons Law

Handgun Control / Brady Campaign ^ | 6/5/2002 | Editorial Staff

[vannrox]

For Immediate Release:

6/5/2002

New Mexico Supreme Court Strikes Down Concealed Weapons Law

Gun Lobby's Proposals Are Defeated Around the Country

(Washington, D.C.) The New Mexico Supreme Court yesterday struck down the gun lobby-supported state law allowing the carrying of concealed weapons (CCW). This decision marks yet another defeat for the National Rifle Association's (NRA) efforts to force police to issue CCW permits.

"Across the country, states are rejecting the gun lobby's aggressive push to allow anyone to carry a hidden handgun anywhere as too extreme for America," said Michael D. Barnes, President of the Brady Campaign to Prevent GunViolence united with the Million Mom March. "Ordinary citizens simply do not want guns in bars, schools, churches and recreation centers."

This year, NRA proposals to force police to issue concealed weapons permits have been defeated; NRA bills to allow guns into bars, schools and churches have been blocked, and NRA efforts to weaken safety training requirements or make taxpayers pick up the tab have failed. These losses have embarrassed the NRA, which in the May 2002 edition of its magazine, "America's First Freedom," prematurely forecast success on concealed weapon battles. It had already lost these efforts by the time the magazine had arrived in mailboxes.

The NRA has only won two minor CCW battles in the entire country this year: Virginia preempted the city of Alexandria from keeping CCW handguns out of city buildings and South Dakota allowed out-of-state CCW permitees to carry their weapons while visiting the state.

The NRA has lost every other effort to force police to issue CCW permits. The following outlines the defeat of reckless CCW laws at the state level and gives the current status of each state's CCW law:

Arizona - Bill to create a "lifetime" CCW permit - Defeated.
Police are forced to issue CCW permits.

Arizona - Bill to allow non-residents to carry CCW guns - Defeated.
Police are forced to issue CCW permits.

Arizona - Bill to reduce the fine for illegal carrying (without CCW) to $50 - Defeated.
Police are forced to issue CCW permits.

Colorado - New CCW bill forcing police to issue CCW permits - Defeated.
Police still have discretion to issue or deny CCW permits.

Colorado - CCW "Secrecy clause" - Defeated.
NRA efforts to prevent police from releasing the names of CCW permitees who break the law were defeated in committee. The NRA is continuing efforts to force police to issue CCW permits. Police now have discretion to issue or deny CCW permits.

Georgia - Bill to allow CCW guns in churches and bars - Defeated.
Police are forced to issue CCW permits.

Kansas - New CCW bill forcing police to issue - Despite plans to push this measure in Kansas, the NRA did not even introduce the bill, because Governor Bill Graves has made it clear he would veto such a measure. Concealed guns are completely prohibited in Kansas.

Kentucky - Bill to make it easier to carry guns into schools - Defeated.
Police are forced to issue CCW permits.

Minnesota - New CCW bill forcing police to issue CCW permits -Defeated.
Police still have discretion to issue or deny CCW permits.

Missouri - New CCW bill forcing police to issue CCW permits - Defeated.
Concealed guns are completely prohibited.

Nebraska - New CCW bill forcing police to issue CCW permits - Defeated.
Concealed guns are completely prohibited.

New Hampshire - Bill to allow CCW guns in schools - Defeated.
Blocked in Senate. Police are forced to issue CCW permits.

New Hampshire - Bill to allow non-residents to carry CCW guns -Defeated.
Blocked in committee. Police are forced to issue CCW permits.

Ohio - New CCW bill forcing police to issue CCW permits - The bill is pending, but Governor Bob Taft has pledged to veto the NRA bill if it should pass. Ohio Senate President Richard Finan has said he will hold the bill until the State Supreme Court rules on challenge to current law. Earlier this year, the State Supreme Court stayed a lower court's ruling that had challenged current law so the carrying of concealed weapons remains generally prohibited.

South Carolina - Bill to allow CCW guns in schools - Defeated.
Police are forced to issue CCW permits.

Tennessee - Bill to allow CCW guns in bars - Defeated.
Police are forced to issue CCW permits.

Tennessee - Bill to make it easier for non-residents to carry CCW guns - Defeated.
Police are forced to issue CCW permits.

Utah - Bill to repeal CCW safety training requirement - Defeated.
Police are forced to issue CCW permits.

Utah - Bill to penalize university officials for restricting concealed carry - Defeated.
Police are forced to issue CCW permits.

Virginia - Bill to allow CCW guns in bars and recreation centers - Defeated.
Police are forced to issue CCW permits.

Wisconsin - New CCW bill forcing police to issue CCW permits - Defeated.
Concealed guns are completely prohibited.

# # #

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Million Mom March

[vannrox]

UGH. Nice summary of disgusting stuff.

[Mr. Bird]

Tennessee - Bill to allow CCW guns in bars - Defeated. Police are forced to issue CCW permits

The format here is confusing. Am I to understand that one may carry a concealed weapon in Tennessee with a permit, but may not bring that weapon into a bar?

Seems silly, to allow CCW but restrict the location. Defeats the purpose, in my opinion.

[mvpel]

Here's the New Mexico Constitution's RKBA clause:

Sec. 6. [Right to bear arms.]

No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)

It would appear that the NM Supreme Court is operating under the principle of "anything not permitted is forbidden," just like you might find in a typical police state. It's a bad ruling. At least they still have open carry there.

[inquest]

Anyone know what the court's rationale was?

[inquest]

Well, I guess you answered my question from #4. You're right, that is a really tortured interpretation. I think this is the first time I've ever heard of a court striking down a permissive law. Very bizarre.

[mvpel]

I'll see if I can find the text of the ruling somewhere when I have a moment later today.

[rockfish59]

Sounds like the idiots are bragging about a lot of nothing!
Most states allow concealed carry.
It seems New Mexico would be a shoo-in due to all the illegal 'New Mexicans' overrunning the place.
I don't leave home without it!

[Cogadh na Sith]

The New Mexico Supreme Court yesterday struck down the gun lobby-supported state law allowing the carrying of concealed weapons (CCW). This decision marks yet another defeat for the National Rifle Association's (NRA) efforts to force police to issue CCW permits.

Wow, what a blatant mischaracterization. The fact that the law was struck down is actually a bit of a victory for the NRA here.

I'm a New Mexican and gun owner. I've been following this. Here are the facts:

1) The NM state constitution is specific in upholding the right to carry arms openly. Further, the NM constitution disallows any city, county or locality from regulation of firearms--firearm policy is reserved at the state level.

2) The idiot NM legislators passed a CCW law with a 'local option' allowing cities and localities to regulate the carrying of concealed firearms.

Was there ever any doubt that it would be overturned?

Here's the best part--carrying a weapon concealed is only a petty misdemeanor in NM and is only ever used as an 'add-on' to other charges because the courts have to prove that you were either on your way to or from a crime while carrying a concealed firearm....

Many people (myself included) didn't want a CCW bill passed because we already carry concealed because the punishment is so minor and difficult to prosecute....

[mvpel]

You know, it occurs to me that this may be a deceptive Brady spin on their actual ruling.

I recall there was a row over the city of Albuquerque's desire to ban the carrying of concealed weapons within the city limits - the Supreme Court might actually have struck down the law because it had a provision for city and county opt-out which is flatly unconstitutional by the plain language of section six.

[Cogadh na Sith]

On the money....

[inquest]

Thanks, appreciate it. No rush.

[DrNo]

Unfortunartely, the NRA did not support proposed CWP reforms in SC.

Fortunately, GrassRoots South Carolina did.

We didn't get carry on the premises of schools, but we did remove a number of silly restrictions (e.g., no carry in public parks, interstate rest areas, restaurant parking lots).

The NRA leadership needs to get squarely behind local gun rights.

[mvpel]

Looks like you read my mind! *GRIN*

[Cogadh na Sith]

Permeet?

We don't need no steenkeeng gun permeet!

[matrix]

"...but nothing herein shall be held to permit the carrying of concealed weapons."

Hmmmm. Then if I carry it on my hip cowboy style, it should be okay. Right?

[Constitutional Patriot]

I love the way these marxist (in true form) refer to the situation as "police are forced to issue CCW permits".

No mention of police not being forced to issue these to felons

No mention of the fact that the overwhelming percentage of the populations in these states support the idea of law abiding citizens carrying firearms.

These bozo's are living in a fantasy land.

[inquest]

That's what I was initially wondering when I saw the headline. I think something similar happened in Ohio a few months back. As I recall, the high court (or one of the higher courts) there struck down a conceal-carry law, precisely because it determined that any restrictions on people carrying weapons - including a requirement that one obtain a conceal-carry permit - violate the state constitution.

[Jefferson Adams]

You can just feel the hatred in their wording of "Police are forced to issue CCW," can't you? A more appropriate wording would be "required to issue CCW," but in (what passes for) their minds, the police are FORCED to issue CCW.

LOL - what a bunch of losers.

[Cogadh na Sith]

Then if I carry it on my hip cowboy style, it should be okay. Right?

Yes, absolutely. I do it here all the time.

[Psalm 73]

I just do not understand how so many VERY conservative states in the south and mid-west do not have CCW, and in some very liberal states, (like Konnecticut, for instance), CCW is pretty common.
What's up with that?