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New Mexico Supreme Court Strikes Down Concealed Weapons Law
Handgun Control / Brady Campaign ^ | 6/5/2002 | Editorial Staff

Posted on 09/20/2002 9:32:38 AM PDT by vannrox

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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.

# # #

As the nation's largest national, non-partisan, grassroots organizations leading the fight to prevent gun violence, the Brady Campaign and the Brady Center to Prevent Gun Violence are dedicated to creating an America free from gun violence, where all Americans are safe at home, at school, at work, and in their communities.

 

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KEYWORDS: amendment; ban; banglist; control; gun; handgun; second
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To: mvpel
If I recall, New Mexico already has open carry.
That said, the way the CCW law was written, it gave the cities the ability to ban CCW holders within their borders which made getting a license a waste of time and dangerous if a CCW holder would wander across a certain street without realizing the laws or in what locality they were in.
If they were smart, which they aren't, the legislators would have copied Florida's law. It works and it opens the door to reciprosity.
There has always been an excuse for gunowners to ignore the dems in their state governments. The residents of Ohio, Kansas, Missouri, Nebraska and Illinois are finding out how important it is to get rid of them.
21 posted on 09/20/2002 10:00:37 AM PDT by Shooter 2.5
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To: rockfish59
Is that a Ruger or a Taurus?
22 posted on 09/20/2002 10:01:12 AM PDT by Psalm 73
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To: vannrox
Can anyone tell me why we "need" permits in the first place? Isn't the 2nd Amendment permit enough.
23 posted on 09/20/2002 10:11:48 AM PDT by ItisaReligionofPeace
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To: chookter
I wonder if the morons who released the story understand this?
24 posted on 09/20/2002 10:13:59 AM PDT by ItisaReligionofPeace
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To: ItisaReligionofPeace
Because they'll throw us in jail if we don't have them, and/or force us to spend tens or hundreds of thousands of dollars defending ourselves from their legal assault.
25 posted on 09/20/2002 10:14:06 AM PDT by mvpel
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To: chookter
Thanks for the explanation - it helps to have a local expose the spin!
26 posted on 09/20/2002 10:16:42 AM PDT by BlueNgold
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To: Psalm 73
Looks like a Ruger SP-100.
27 posted on 09/20/2002 10:18:38 AM PDT by DrNo
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To: chookter
Baca v. New Mexico Department of Public Safety

You are absolutely correct. The gun grabbers have put an incredible spin on this opinion. Anyone who reads it can see that.

I encourage all reading this thread to read the actual opinion (it's not long) to see the court's rationale. The Act was struck down ENTIRELY because it allowed local governments (as opposed to the state) to regulate the issuance of concealed weapons permits, in violation of the state constitution which says, "no municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

In other words, if the law had a preemption clause (as many state CCW laws do), the court would not have struck down the provision for this reason. The important thing to note is, the court DID NOT decide whether Art. II Section 6 of the NM Constitution prohibits the carrying of concealed weapons. That is still an open question.

Bottom line is, the Brady Center For Spreading Lies and Misinformation has simply spun and spun and spun to conform these types of opinions in their favor.

28 posted on 09/20/2002 10:30:30 AM PDT by GnL
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To: vannrox
Actually, the NMSSC did gun-owners here a favor. By striking down what stated as a pretty good bill, turned into a lame excuse byt eh Dumocraps, it gives us a chance to write the bill it should have been

There was no provision for reciprocity.
There was too high a fee. ($100)
There was annual renewal.($100)
There was no provision for calibers under .32
You had to qualify with each caliber you intended to carry.
You had to qualify for both revolver and auto if you decided to carry either one.

The bill working now covers all of these items.

Reciprocity with states surrounding NM.
$100 fee for a 5-year license.
$35 renewal.
Under qualifying, if you can qualify with the .45 Automatic, you will be allowed to carry either revolver or auto in any caliber.

Bill Richardson said he would sign a CCW bill if it got to his desk. John Sanchez says the same.

I hope to get that answer from Richardson on tape at our gun show in October.

29 posted on 09/20/2002 10:37:19 AM PDT by Pistolshot
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To: Psalm 73
Ruger SP 101.
Double Action Only!

A wrist snapping flame thrower! =^)

30 posted on 09/20/2002 10:40:56 AM PDT by rockfish59
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To: rockfish59
"Ruger SP 101."

I thought that looked familiar - that's what I carry, (you've got good taste).
All the comfort of "point and click"...

31 posted on 09/20/2002 10:52:28 AM PDT by Psalm 73
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To: vannrox
Police are forced to issue CCW permits.

As opposed to the gun-grabbers' wish, "Police are forced to deny CCW permits".

32 posted on 09/20/2002 10:55:27 AM PDT by Dan Day
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To: chookter
When you post something like your correction: use really really BIG type!

[Thanks]
33 posted on 09/20/2002 10:56:12 AM PDT by norton
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To: GnL
Is Jim Baca the plaintiff related to Joe Baca, a Justice hearing the case?
34 posted on 09/20/2002 11:06:02 AM PDT by Teacher317
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To: Pistolshot
Wow, pretty lousy provisions you posted there. I like Florida's system for the most part. You get your permit, you can carry anything you want without qualifying on it, and it only needs to be renewed every five years. What's more, the laws governing CCW are even a bit less restrictive than those of Texas.
35 posted on 09/20/2002 11:09:09 AM PDT by RogueIsland
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To: Teacher317
Who knows?

It's well within the realm of possibility. However, there are 3 pages of Baca's in the Albuquerque phone book alone.

36 posted on 09/20/2002 11:24:39 AM PDT by Cogadh na Sith
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To: Dan Day
Police are forced to issue CCW permits.

This phrase appears 13 times out of 20(?) in their state by state summary.

Doesn't look like they're doing too well :)

37 posted on 09/20/2002 11:31:37 AM PDT by rllngrk33
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To: *bang_list

Click on the pistol to display the latest FreeRepublic 'bang_list' posts.


38 posted on 09/20/2002 11:31:43 AM PDT by Joe Brower
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To: vannrox

39 posted on 09/20/2002 11:43:41 AM PDT by Search4Truth
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To: Mr. Bird
you can't carry them into places of nuisance in Florida, either, and that means bars. Also Federal Reserve Banks, and some other select establishments!
40 posted on 09/20/2002 11:47:26 AM PDT by Real Cynic No More
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