San Juan County, NM – In a bid to ensure adherence to state and federal laws governing firearm transactions, Sheriff Shane Ferrari has initiated an investigation into the activities of the “New Mexicans to Prevent Gun Violence” group led by far-left anti-gun activist Miranda Viscoli.
The focus of the inquiry is centered on the group’s gun buyback program, specifically evaluating its compliance with New Mexico State Law 30-7-7.1, which pertains to the “Unlawful sale of a firearm without a background check.”
Addressing the media, Sheriff Ferrari emphasized the importance of transparency and clarified the motive behind the investigation. “Before it comes out in the media and gets twisted one way or another, I want to inform you that I am investigating San Juan County citizens’ complaints on ‘New Mexicans to Prevent Gun Violence’ gun buyback program not complying with New Mexico State Law 30-7-7.1 ‘Unlawful sale of a firearm without a background check.’”
Sheriff Ferrari highlighted the key concern surrounding the group’s failure to undergo background checks during firearm transactions. “Reviewing the law, I do not see where they are exempt from having to undergo a background check and are required to like anyone else. A sale is taking place (gift cards $100 and up); it is advertised as a purchase and called a ‘buy back.’”
The Sheriff delved into the nuances of the law, particularly examining the exemption for law enforcement. “Some may question the exemption ‘to law enforcement,’ meaning if we (law enforcement) purchase the gun, we don’t need a background check. This mainly covers law enforcement purchasing duty guns. There are currently law enforcement agencies using tax dollars to purchase unwanted firearms (gun buyback) under the Governor’s current health order. Those are lawful and covered as exemptions in the law.”
However, Sheriff Ferrari underscored the importance of due process, pointing out that law enforcement is required to obtain a court order for the destruction or other disposition of firearms acquired through buyback programs. “Law enforcement is required to obtain a court order for destruction or other disposition. That process takes months. If ‘New Mexicans to Prevent Gun Violence’ is going through law enforcement to purchase the unwanted firearms, those must remain in that law enforcement agency’s custody until they obtain a destruction order.”
Sheriff Ferrari was concerned about potential deviations from legal procedures and expressed his commitment to a thorough investigation. “Either way I look at it, the law is not being followed. I have reached out to ‘New Mexicans to Prevent Gun Violence’ with questions. They have referred me to Attorney General Torrez. Both the San Juan County District Attorney’s Office and the New Mexico Attorney General’s Office are reviewing my assessment.”
The Sheriff clarified that the investigation does not extend to the City of Farmington, as they responded promptly to citizens’ concerns and canceled the event until further clarification and community engagement.
Highlighting the gravity of the situation, Sheriff Ferrari revealed, “I have been informed ‘New Mexicans to Prevent Gun Violence’ came to town this weekend and obtained firearms. I currently do not have details on how that event took place. I am also aware of photos shared by ‘New Mexicans to Prevent Gun Violence,’ posting firearms that may not have been properly destroyed according to federal law and were obtained in San Juan County. (Yes, I know how many times a receiver needs to be cut to be considered destroyed) I will be looking into the matter.”
Emphasizing his commitment to upholding Constitutional rights, Sheriff Ferrari concluded, “I take great pride in being born, raised, and serving a county where we value our Constitutional rights. The 2nd Amendment can be a divisive topic. 2nd Amendment violations are not the focus of this investigation. It is whether ‘New Mexicans to Prevent Gun Violence’ is in compliance with State and Federal Law with their gun buyback program and confirming participating law enforcement agencies are following property destruction laws.”
“As President of the New Mexico Sheriffs’ Association, I will forward the outcome of this investigation to member Sheriffs for their review. Your right to possess a firearm is upheld in the 2nd Amendment. Your right to sell your property (firearm) to whom every legally can buy it is upheld in the 4th Amendment.” Sheriff Ferrari expressed reservations about gun buyback programs.”
He added, “I do not believe gun buyback programs reduce crime. They serve as a way to get rid of unwanted firearms. There are pros and cons that are hard to balance. For example, Pro-removing unwanted firearms, Con- impact to criminal investigation. Most guns purchased are junk, but the numbers look good on paper. I don’t like my tax dollars being used to buy someone’s unwanted property or junk.”
This ought to be interesting…
Go Sheriff!
A public official that takes his constitutional oath seriously?? Frame this moment cause you won’t see it from any other one in state government. Ball is in your court Torres. Let’s see how these commies lie , and contort the law to keep from doing their appointed duty. Great job Sherrif Ferrari !
I’d like another investigation done – how many of those firearms that are being illegally purchased (doubtfully for destruction) were obtained illegally to begin with?
These “buy backs” just promote theft of firearms and a convenient way for criminals to destroy evidence and make a buck. This “anti-gun” group is just acting as a fence and purchasing stolen goods!
Here’s another way to look at it — where is the evidence that this socialist organization isn’t stockpiling firearms that they couldn’t otherwise legally obtain? Prove each and every firearm is being destroyed.
A fine example of how Sheriffs are beholden to their constituents!
They are not the goon squad of the current administration.
You can’t fire this one, Queen Grish, you tyrant!!!!
Buy back using our tax dollars ? Totally unconstitutional
I agree with you Ellen.
Where does the state get the legal authority to require a person to go through a non-state controlled third party in order to sell your personal property. The NM Background Check law has no legal standing.
I wonder if you can sell non-operable firearms. I heard that police check them. I have an old gun and semiautomatic it racks and everything but doesn’t shoot. I don’t think they could tell.
Thank you, Sheriff Ferrari.
Lefty vigilantes supported by the guv-just like when she referred to BLM/Antifa as “our protesters” during the summer of love.
So the AG is their legal counsel? Hmmm. What is that costing the taxpayers? This is the most corrupt bunch of politicians in state history. Worse than the pedophile Bill Richardson. The inmates are running the asylum.
How can you “buy back” something you never owned??
Way to go, Sheriff!!! Any voter with half a brain is behind you. That leaves out all the Dems.
Land of Infringement
So many crimes, so little time! So these leftwad fascists are illegally buying guns without background checks, then transferring ownership without an FFL or background checks, and then they are converting them to sawed off shotguns and short barreled rifles illegally – a MAJOR violation of the 1934 National Firearms Act.
A couple other questions – are these leftwad fascists using our tax dollars for their illegal activities?
Are these leftwad fascists doing any checks on the serial numbers on these weapons? What if they’re stolen and the legal owners have filed police reports (as required by law) and want those guns returned if they are recovered? Shouldn’t they be liable for damages, actual and punitive? If any of these guns recovered have the serial numbers obliterated, then that’s another HUGE federal gun crime – mere possession of such a firearm is a major crime!
Then comes the question of “universal background checks” and the leftwad fascists whine about the “GUN SHOW LOOPHOLE” (BTW no such loophole exists, but to gun grabbing leftwad fascists the truth doesn’t matter) These people are buying, selling, trading, manufacturing all kinds of guns with no record, no oversight, no federal or state licensing, NO BACKGROUND CHECKS and who makes sure no guns are put in someone’s trunk and diverted for their own nefarious purposes? They’re already criminals, what’s a little theft on top of a lifetime’s worth of felonies?
Thanks to the Sheriff who has begun an investigation into this gang of gun running criminals – Well Done, Sir, WELL DONE!