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To: vannrox
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....

8 posted on 09/20/2002 9:49:33 AM PDT by Cogadh na Sith
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To: chookter
Looks like you read my mind! *GRIN*
13 posted on 09/20/2002 9:52:40 AM PDT by mvpel
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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: 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: 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: 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: 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: 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: chookter
One more interesting point about New Mexico concealed carry: you were not considered to be carrying a concealed weapon if it was "unloaded",
and "unloaded" was usually interpreted to mean "no round in the chamber"!

That being the case, I usually carry my .45 "unloaded" anyway.
61 posted on 09/23/2002 10:29:44 AM PDT by Redbob
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