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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: Teacher317
Good pickup. I didn't notice that. I don't know the answer to your question, but I would tend to doubt it as that would be an extremely blatant case of conflict of interest. Jim Baca, the petitioner, is the former mayor of Albuquerque (I only know this from the opinion--I am not from Albuquerque or N.M.).
41 posted on 09/20/2002 11:52:23 AM PDT by GnL
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To: chookter
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....

Which means that the only way to improve your situation is to institute Vermont Carry, either by law or by amending the state Constitution to remove the offending clause. The latter would be the best bet. However many states have near identical language in their state Constitution, without the anti concealed carry language, and they STILL don't permit carry, concealed or otherwise.

42 posted on 09/20/2002 11:54:56 AM PDT by El Gato
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To: 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? The legacy of the days when the laws against carry or concealed carry were not intended to be, and rarely were, enforced against the white population, save maybe some Papists.
43 posted on 09/20/2002 11:56:41 AM PDT by El Gato
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To: vannrox
im feeling naked before The State.
44 posted on 09/20/2002 12:14:55 PM PDT by justsomedude
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To: RogueIsland; Teacher317
Yeah, the whole bill, including the late added 'opt-out' provision, was a no-brainer for the NMSSC.

They did not rule on the constitutionality of the bill, which was Baca's argument, but on the 'opt-out' provision, which is un-constitutional.

Teacher317 - No relation. Former Mayor(love saying that) Jim Baca has vowed to fight any CCW law that is signed in. Of course, he was dead last in a group of 5 candidates running for mayor.

45 posted on 09/20/2002 12:35:19 PM PDT by Pistolshot
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To: Mr. Bird
Mr. Bird,

It's simple you are allowed to conceal your gun if you have a police issued permit, but can only conceal it in your own home. If you don't have the conceal permit you must keep it in plain view at all times, but only if you get police permission to to buy one. It's the American way.

-CJ

46 posted on 09/20/2002 12:35:46 PM PDT by CJ Wolf
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To: vannrox
"Forcing" - now there's a word you don't hear from liberals every day. Its not "force" to require the taxpayers to fund abortion, but its suddenly "force" to require the government to treat all citizens on an equal footing when it comes to protecting one's life, liberty, and property. One has to marvel at the Orwellian skulduggery liberals engage in when it comes to the good old-fashioned double standard. Something for the rest of us to remember when the government, to use the liberals' own favorite word in the handgun control debate, "forces" us to do without when our very lives are in danger.
47 posted on 09/20/2002 12:42:21 PM PDT by goldstategop
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To: rockfish59


My 'don't leave home without it'.

Well worth the risk of a 4th degree [petty] Misdemeanor to carry it however I choose.
48 posted on 09/20/2002 12:49:11 PM PDT by Sweet_Sunflower29
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To: Dan Day
This is another lie by the anti-self defense group.
The police have nothing to do with issuing "Shall Issue" Concealed Weapons permits. They are completely out of the loop as it should be. The state issues the "Shall Issue" licenses.
49 posted on 09/20/2002 12:57:48 PM PDT by Shooter 2.5
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To: Psalm 73
The only "southern" state to have no CCW law is Missouri. All of the states in the southeast have "Shall Issue" CCW laws.
50 posted on 09/20/2002 1:04:37 PM PDT by Shooter 2.5
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To: 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?

Years ago, I lived in Connecticut, applied for and got a license. At that time (and possibly still today, don't know) they required that you carry concealed. Reason is that showing or "flashing" your handgun is considered "disturbing the peace" and is grounds for revokation of your license. So you could carry it concealed (and into bars was just fine) but you had to keep it concealed.

51 posted on 09/20/2002 2:29:36 PM PDT by dark_lord
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To: chookter
Permeets? Botches?

Got no steenkin' botches!


52 posted on 09/20/2002 5:34:34 PM PDT by rockfish59
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To: Psalm 73
'Point & click'

Exactly! =^)

53 posted on 09/20/2002 5:36:21 PM PDT by rockfish59
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To: Search4Truth
The commies have twisted it all around to suit their gun grabbing tendencies.
FMCDH
54 posted on 09/20/2002 5:38:28 PM PDT by rockfish59
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To: vannrox
Is this an agitprop hit piece or what?
55 posted on 09/20/2002 5:38:32 PM PDT by tet68
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To: Sweet_Sunflower29
That's a nice piece. You might want to think about having that hammer spur milled off, unless you shoot it single action.
The SP 101 is double action only. I added a lighter trigger spring and it's smoothe as glass now.
Here's a good target:


56 posted on 09/20/2002 5:47:16 PM PDT by rockfish59
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To: chookter
Interesting.

I was in New Mexico in June, I carried concealed, I knew I was legal in the car but I didn't know the penalty for carrying on your person was so minor.

57 posted on 09/20/2002 5:49:06 PM PDT by c-b 1
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To: Mr. Bird
Even people who are for CCW think people in bars will get drunk and shoot each other.
Schools? Their kids are in the schools. They don't want guns there.
I think the NRA trying to get bills passed to carry in bars and schools is hurting, not helping.
Just my opinion.
58 posted on 09/20/2002 6:02:44 PM PDT by philetus
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To: philetus
Even people who are for CCW think people in bars will get drunk and shoot each other.

Hasn't happened yet in states where it's legal.

Schools? Their kids are in the schools. They don't want guns there.

Can you cite any cases of a CCW holder shooting up a school? Saying no CCW holders in schools is just as idiotic as saying no police officers in schools (since they have guns). And police officers HAVE shot kids in schools.

I think the NRA trying to get bills passed to carry in bars and schools is hurting, not helping.

How is it "hurting" to attempt to get the government to recognize our Rights?

No CCW in bars is a pain-in-the-rear because many states define "bars" as any place that serves alcohol. So unless you want to eat at Burger World, you're SOL. Other states define bars as the portion of a restaurant dedicated primarily to alcohol. So if a CCW holder is eating dinner at a steakhouse, and crosses the bar area to go to the restroom, he/she is in violation of the law in some states. That's insane.

As for schools, barring people from carrying there is silly, since the criminals simply ignore these laws. Many states even ban carrying on school property, so if you're in the car to pick up the kids, you're breaking their "law". That's also insane. (Also, it was under the "protecting the schools" argument that Klinton enacted his 'no guns within 1000' of a school' law) So it's nothing more than a ruse to take away our Rights.

59 posted on 09/20/2002 6:12:00 PM PDT by Mulder
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To: Mulder
Hasn't happened yet in states where it's legal

I know that and you know that because we keep up on whats going on.
How many other people do you think don't know anything.
How about a housewife that likes to have a gun around but her husband gets drunk and rowdy?

Can you cite any cases of a CCW holder shooting up a school? Saying no CCW holders in schools is just as idiotic as saying no police officers in schools (since they have guns). And police officers HAVE shot kids in schools.

You don't have to convince me.I'm on your side.
I'm just stating my opinion of WHY the bills don't pass.

No CCW has shot up a school, but a lot of people think if everyone can carry in schools, it will happen.
60 posted on 09/20/2002 6:22:37 PM PDT by philetus
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