gun control

Unconstitutional gun grab bill now heads to governor’s desk

32 Comments / New Mexico, News, Politics / By

​House Bill 12 (HB 12), recently passed by the New Mexico Senate, proposes significant amendments to the state’s “Extreme Risk Firearm Protection Order Act,” commonly known as the red flag law. 

While the bill aims to enhance public safety by allowing law enforcement officers to directly petition for firearm seizures and mandating immediate relinquishment upon a judge’s order, it raises substantial constitutional concerns, particularly regarding due process under the Second Amendment.​

A critical issue with HB 12 is its provision for the immediate confiscation of firearms upon the issuance of an Extreme Risk Protection Order (ERPO), without affording the respondent a prior hearing. This approach effectively permits the deprivation of an individual’s Second Amendment rights without due process, as the individual is not given an opportunity to contest the allegations before their firearms are seized.​

This procedure stands in stark contrast to the principles outlined in the U.S. Supreme Court’s decision in United States v. Rahimi (2024), which prohibits disarmament without a hearing before the firearms are seized. 

HB 12’s mandate for immediate firearm relinquishment upon service of an ERPO, without a prior hearing or judicial determination of a credible threat, conflicts with the due process requirements underscored in the Rahimi decision. The bill violates the constitutional guarantee of due process by allowing firearms to be seized based solely on an ex parte order—where the respondent has no opportunity to present their case.​

Moreover, empowering law enforcement officers to initiate these petitions based on information gathered during their official duties raises additional concerns. 

While purportedly intended to streamline the process, this provision could lead to potential abuses of power and the infringement of individual rights without adequate judicial oversight.​

The bill now heads to Gov. Michelle Lujan Grisham’s desk for a signature. 

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Semi-auto ban, red flag expansion, and more: See the status of these gun grabs

21 Comments / New Mexico, News, Politics / By

As the 2025 New Mexico Legislative Session reaches its halfway point, several pieces of anti-gun legislation are making their way through the state legislature, with some bills gaining traction while others remain stalled.

The most significant recent development was the passage of the “weapon conversion device” ban as part of the omnibus crime bill, HB8. This bill, which was altered and pushed through the House Judiciary Committee, was quickly advanced to the House floor, where it passed on a 48-20 vote. Notably, several Republicans joined Democrats in voting for the measure.

According to the New Mexico Shooting Sports Association (NMSSA), HB8 now contains the following provision:

“Unlawful possession of a weapon conversion device consists of a person knowingly having in that person’s possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon conversion device… ‘weapon conversion device’ means a part or combination of parts designed and intended to convert a semiautomatic weapon into a fully automatic weapon.”

With the House’s approval, HB8 now heads to the Senate, although committee assignments for the bill have not yet been announced.

Meanwhile, HB12, which seeks to expand New Mexico’s red-flag gun confiscation law, was notably left out of HB8. According to NMSSA, efforts were made by the bill’s sponsors to include it in the omnibus legislation, but they were unsuccessful. HB12 has now been awaiting action on the House floor for over a week. NMSSA warns that it could be brought up for a vote at any time and is urging continued opposition to the measure.

Several anti-gun bills introduced in the Senate remain in committee and have yet to see movement. These include:

  • SB255, which would expand the criminalization of private firearms transfers, is currently sitting in the Senate Health and Public Affairs Committee.
  • SB279, a proposed ban on semiautomatic rifles and magazines, as well as SB244, which would make it a crime for a minor to possess a firearm, both waiting for hearings in the Senate Judiciary Committee.
  • SB318, which could allow anti-gun activists to sue gun stores in New Mexico out of existence,was assigned to the Senate Tax, Business & Transportation Committee.

As for pro-gun legislation, HB202, which would establish a tax credit for the purchase of gun safes, is scheduled for a hearing in the House Taxation and Revenue Committee on Monday, February 17. The bill aims to encourage safe firearm storage by offering financial incentives to gun owners who invest in secure storage solutions.

With the pace of the legislative session picking up, NMSSA warns that more bills could advance quickly through committees in the coming days. The organization continues to urge Second Amendment supporters to stay vigilant, share information, and engage in the legislative process to oppose the proposed restrictions.

As the debate over gun legislation intensifies in Santa Fe, the fate of these bills will likely come down to key votes in the coming weeks, making citizen engagement and legislative scrutiny more critical than ever.

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Pro-gun group takes on Lujan Grisham’s unconstitutional gun ban

13 Comments / New Mexico, News, Politics / By

The Firearms Policy Coalition (FPC) has filed a critical brief with the Tenth Circuit Court of Appeals in its ongoing lawsuit, Fort v. Grisham, challenging New Mexico Governor Michelle Lujan Grisham’s prohibition on carrying firearms in public parks and playgrounds. The detailed brief is available for review here.

This legal action follows a July 24th Order from the Tenth Circuit, which required the parties involved to submit supplemental briefs addressing three specific questions regarding the appeal’s posture. 

In response, FPC’s brief argues, “[A]fter accounting for the issues the Court has raised, it remains the case that the Court should reverse the decision below and order entry of an injunction against the challenged provisions of the Governor’s order.”

The brief highlights the ongoing harm caused by the Governor’s ban, stating, “Plaintiffs have also declared that they will visit parks that are not covered by those ordinances, and regardless, the threat of prosecution under the Governor’s carry ban alone supports irreparable harm and standing.” It emphasizes that the ban causes significant harm to the plaintiffs, which can be remedied through a preliminary injunction.

Oral arguments for the case are set for September 25, 2024. This case is a component of FPC’s high-impact FPC Law strategic litigation program, which aims to challenge and overturn what it views as immoral laws to promote maximal individual liberty. 

The litigation is supported by an individual FPC member, the Second Amendment Foundation, and the New Mexico Shooting Sports Association.

Firearms Policy Coalition is a 501(c)(4) nonprofit membership organization dedicated to defending constitutional rights and advancing personal freedoms. Its FPC Law program is a leading legal initiative focused on restoring the right to keep and bear arms across the United States.

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The first use of the Dems’ anti-gun law fails

7 Comments / New Mexico, News, Politics / By

A verdict has been reached in the trial of the first parent charged under New Mexico’s so-called “Bennie’s Law.” The “Bennie Hargrove Gun Safety Act,” commonly known as Bennie’s Law, is a 2023 anti-gun law that aims to hold gun owners accountable if a child gains access to their firearm and uses it to commit a crime. Prosecutors alleged this scenario occurred in the case of William Brown.

William Brown is the father of Porfirio Brown, who is accused of using his father’s gun to shoot and kill a 13-year-old girl. 

During the trial, officers testified that they observed several firearms lying openly around William’s home while executing a search warrant. However, the revolver used in the shooting was not recovered.

The prosecution highlighted that revolver ammunition found in William’s home did not correspond to any of the firearms located there. In his defense, William testified that the revolver in question was in Carlsbad at the time of the shooting.

On Friday, a jury found William not guilty of negligently making a firearm accessible to a minor.

Earlier this year, Porfirio was tried for second-degree murder, but the trial ended in a hung jury. He is scheduled for a retrial in August.

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MLG claims outrage over anti-gun edicts is ‘sexism,’ wants to snatch more guns

27 Comments / New Mexico, News, Politics / By

In an article from the pro-abortion fringe site “The 19th,” Lujan Grisham and two other abortion up-to-birth governors were featured to talk about their assaults in each of their respective states. The governors invoked shootings as the impetus for their gun-grabbing, including Lujan Grisham.

Democrat New York Gov. Kathy Hochul bragged about her state’s “Red flag” law and a law taking away 18-20-year-olds’ rights to own firearms. She claimed, “This was deeply personal to me.”

Michigan’s Democrat Gov. Gretchen Whitmer touted bills she signed taking away her citizens’ constitutional rights. 

“Whitmer signed into law an extreme risk law, a secure storage requirement for firearms to protect children, a background check requirement for all unlicensed gun sales, a law prohibiting those convicted of domestic violence misdemeanors from purchasing or possessing firearms, and an extreme risk protection order law allowing police officers, health care professionals and family members concerned about someone who may harm themselves or others to seek a court order to temporarily confiscate their firearms,” the outlet reported.

Whitmer said, “Is there more to do? Absolutely. Is there ultimately going to be a need for national action? Yes.”

Lujan Grisham bragged about her 7-day waiting period bill passed in the 2024 Legislative Session and her unconstitutional edict that she signed to use the death of a child for political gain last September, banning all firearm possession and ownership in Albuquerque. The executive order was immediately struck down by a Joe Biden-appointed federal judge. 

The governor then blamed outrage after her unconstitutional actions on “sexism.”

“She knows it is work that doesn’t necessarily come without detractors — and sexism,” wrote the outlet, quoting her as saying, “I think someone opposing me might say, ‘Oh she had an emotional break’ but no — it’s a practical response to recognizing that my job is actually to make sure that I do everything in my power to make Americans and New Mexicans and their families and their children safe…. There are just so many guns out there. That family didn’t see a car with guns. You just can’t see them. You don’t know where they are. You can’t attenuate your risk.”

Lujan Grisham has called a special session for July 18 focused on “crime,” although her specific agenda items have not yet been set. She may bring forward more unconstitutional legislation to rival Whitmer and Hochul.  

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A right delayed is a right denied

1 Comment / Opinion / By

The mandatory 7-day waiting period to purchase a firearm is now in effect in New Mexico.

As a result, law-abiding citizens can no longer walk into a store, purchase the firearm of their choice, pass a federal background check, and leave with that firearm to defend themselves and their families. The National Rifle Association has filed suit to halt the law, but there is no guarantee we will have any relief in the short term.

Careful observers of the 2024 session will remember that under the guise of “addressing crime” and “reducing suicides,” radical Democrats in Santa Fe rammed this misguided measure through the House and Senate, and quickly sent it to the Governor’s desk for her signature. Together with my Republican colleagues, I relentlessly fought this unconstitutional waiting period in committees and during floor debates, but to no avail. The Governor and progressive Democrats made no room for reason or logic in their ongoing effort to chip away at our Second Amendment rights, and this bill is likely just the beginning.

Not only are there significant constitutional questions with this law, but the legislative process itself exposed the lunacy and ignorance of its sponsors and supporters. The bill began with a 14-business-day waiting period before being amended to calendar days. It was then amended to 7 business days, before landing at 7 calendar days. The proposal changed quickly and with no resistance from the Democrats because even they knew there was no substantial evidence to support their claims. So let’s call this out for what it is—an attack on law-abiding citizens’ rights to keep and bear arms. It’s a statement from those in power that “we are in control and there’s nothing you can do about it.” Fortunately for us, that is not the case. 

Republicans and traditional Democrats alike understand the Constitution of the United States. We may not all be lawyers, but we can read. I can speak on behalf of my Republican colleagues in the Legislature when I say that the fight to protect our rights is never going to end.

I applaud and stand in support of the National Rifle Association’s legal challenge to this newly enacted law. My message to the Governor and radical progressive legislators is this: Our right to keep and bear arms shall not be infringed. Rest assured, voters will remember this attack on their right to protect themselves when they visit the voting booths in November. To paraphrase Dr. Martin Luther King, Jr., “a right delayed is a right denied.”

New Mexico State Sen. Steven McCutcheon II serves the 42nd District, which encompasses Chaves, Eddy, and Lea Counties.

Opinions expressed by Piñon Post contributors do not necessarily represent the viewpoints of the publication or its editorial staff. Submit an op-ed to the Piñon Post at news@pinonpost.com.

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Dems pass first anti-gun bill through NM Senate

21 Comments / New Mexico, Politics / By

In the New Mexico Senate, where Democrats hold a substantial majority, Republican members have pledged to fully utilize procedural tactics to strengthen their position and potentially delay Democratic initiatives they oppose. This strategy was evident during a recent debate over a bill aimed at banning the carrying of firearms near polling locations on Election Day.

The discussion was momentarily interrupted when Senator Craig Brandt, a Republican from Rio Rancho, invoked a “call of the Senate.” This procedure necessitates the presence of all Senate members for a vote, causing a brief pause in the proceedings as absent lawmakers were summoned back to the chamber. The delay lasted approximately 45 minutes until three absent Democrats returned, one of whom, Senator Siah Correa Hemphill from Silver City, sided with the Republicans against the bill. She faces a fierce reelection fight against former state Sen. Gabe Ramos, a Republican. 

Despite Correa Hemphill’s vote, the bill, introduced by Senate Majority Leader Peter Wirth of Santa Fe, passed with a 26-16 vote and was forwarded to the House of Representatives. Wirth emphasized the bill’s intention to protect voters, citing concerns from a poll worker about the intimidating presence of armed individuals during elections. He believes that keeping firearms away from polling places is a sensible step given the current national climate surrounding elections.

The proposed legislation would make carrying a firearm within 100 feet of a polling site a misdemeanor, punishable by up to six months in jail and a $500 fine, with minor exemptions, including for law enforcement officers. Wirth also introduced amendments to the bill in committee hearings, aiming to address some concerns by allowing voters to leave their firearms in their vehicles at polling sites.

However, these concessions did not sway the Republicans, who proposed their own amendments, such as one by Senator Mark Moores of Albuquerque. Moores suggested permitting New Mexicans with concealed carry permits to bring firearms into polling places, but this amendment was not adopted due to opposition from most Democrats.

The bill is part of a broader effort by Democrats to advance anti-gun legislation this session. With the Democrat majority in the House as well, it is unclear if the bill has a chance in the House. 

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Every villain wants the same thing: control

8 Comments / Opinion / By

Our family just enjoyed a weekend in Disneyland. We love the Happiest Place on Earth and the opportunity to be lighthearted, spend time together, and play with our granddaughters. On this particular trip, I found myself thinking about how fairy tale storytelling compares to real life.

Does art imitate life, or does life follow art?

One thing that kept coming to my mind is that the villain in every Disney story is seeking to, in some way, control others. The Evil Queen from Snow White wants to take the lives of those who simply want to enjoy the beauty of love, freedom, and happiness. The Wicked Sorcerer wants to enslave or kill those who are simply living their lives. Some of the villains are male, some are female, and others are dragons or even snakes.

Regardless of their form, the one thing they have in common is their desire to control and take something from someone, doing them no harm. I couldn’t help but reflect on how I’ve felt this way at times as a Responsibly Armed Citizen who simply wants to protect and defend what I love.

The people who want to chip away at our freedom to keep and bear arms seek what feels like a similar type of control over your life and mine. Oftentimes, it comes with a “pretty face” or dressed up in some fashion that makes it challenging to disagree. They call it “smart gun laws” or “common sense gun control” and tell you it is “for the children.”  

In the world of Disney and fairytales, the antagonists and adversaries often cast their spells using cleverly worded phrases and rhetoric to trick well-meaning people into mindlessly nodding their heads in agreement. In the same way, those who attempt to restrict gun ownership are like modern-day pied pipers. They siren call their way into the words that spew from the mouths of our favorite Hollywood actors and feisty young politicians. And those of us who haven’t fallen under the spell are oftentimes painted with the brush of being small-minded social outcasts who love our guns more than our children.

Nothing could be farther from the truth. In fact, over 2.5 million times each year, lives are saved by people who are responsibly armed. I own and carry firearms for the express purpose of protecting my life and the lives of those I love. In this battle of wits and wills, what are we, the keepers of the truth, to do so that we, too, don’t willingly tie on our own puppet strings and become one of the Rights Restrictors’ bobble-headed marionettes? How do we save our children and our children’s children from drinking the poison of distorted history and protect this generation and the next from climbing down the steep staircase to the dungeon of gun-control lies? 

To break the spell, simply keep asking (and answering) one little word. “Why?” Why do we have a Constitution? Why did our Founding Fathers include a Bill of Rights? Why do the 27 Words of the Second Amendment include the clause “shall not be infringed”? Why did the very first gun control laws come about? And why are the loudest voices that are trying to restrict your rights to self-protection coming from the very people who have armed security protecting them and their children 24 hours a day? Why, if guns are bad, do these people rely on guns to protect them? Just keep asking why, and you will soon see the smoke and mirrors, half-truths, emotional manipulation, and outright lies begin to vaporize as the phantoms they really are. 

You and I simply want to live the American hope of life, liberty, and the pursuit of happiness. We want to build our little cottage, snip off the puppet strings, and live out the promise of a future filled with freedom. It is important to keep our eyes on the North Star of truth so that we, too, do not fall prey to the spells of those who want us to fall into the deep sleep of apathy and who seek to enslave us under their heavy boot of tyranny. We must know the truth and constantly plant the seeds of truth. We must every day take up our shield of wisdom and teach the next generation how to use the sword of truth because the villains are many, the villains are loud, and because every villain wants the same thing: control.

Second Amendment activist Cheryl Todd is a visiting fellow emeritus at the Independent Women’s Forum. Read more about her here.

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Lujan Grisham’s anti-gun attempts again make national news

22 Comments / New Mexico, News, Politics / By

New Mexico’s far-left Democrat Gov. Michelle Lujan Grisham, who is intent on yanking guns from law-abiding citizens, is again making national headlines for her screeds against guns.

“The constitutionality questions are beginning to be very complicated in the arena of gun violence,” Lujan Grisham said at a press conference Friday, which was reported on the front page of Fox News on Saturday. The far-left governor added, “We are going to continue this effort, following what is going on around the country.”

“There will be others who will follow in our footsteps, creating their own public safety corridors, which in effect also make New Mexicans safer,” she said of her rabidly anti-Second Amendment proposals.

According to the New Mexico Shooting Sports Association, the governor wants to bring forward the following during the upcoming 30-day session.

  • A semi-automatic rife ban modeled after the failed federal proposal from Senator Heinrich
  • Banning the carrying of firearms in parks, playgrounds, and near polling places
  • Raising the age limit to purchase firearms to 21
  • A 14-day waiting period when purchasing a gun
  • Expanding New Mexico’s “red-flag” gun confiscation law (HB27)
  • Making it easier to sue gun manufacturers and retailers

On the other side, Republicans are launching pro-Second Amendment proposals, including Rep. Stefani Lord’s bill to create tax incentives for buying firearm safes, Rep. Block’s proposals to institute constitutional carry and reduce gross receipts taxes on guns and ammunition, as well as other proposals to incentivize gun safe ownership.

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It’s official: See all the gun grabs Lujan Grisham wants for upcoming session

9 Comments / New Mexico, News, Politics / By

In a press conference Friday, anti-gun Democrat Gov. Michelle Lujan Grisham, flanked by various state public safety officials, police, and advocates for reducing gun violence, including discredited anti-gun activist Miranda Viscoli, introduced a slew of fringe anti-gun bills to take away New Mexicans’ Second Amendment rights in the upcoming 30-day legislative session.

Described by the Governor as the so-called “largest, most comprehensive package” in the legislative history of the state, these proposals primarily target gun rights, which Lujan Grisham claims plagues “every corner around the globe.”

Governor Lujan Grisham mentioned her discussions with the Democratic caucus and supporters of her public safety package, expressing optimism about Democratic support this year. However, most of the legislation she introduced at the state Capitol news conference was not yet available on the Legislature’s website. The proposed measures include, per New Mexico Shooting Sports Association:

  • A semi-automatic rife ban modeled after the failed federal proposal from Senator Heinrich
  • Banning the carrying of firearms in parks, playgrounds and near polling places
  • Raising the age limit to purchase firearms to 21
  • A 14-day waiting period when purchasing a gun
  • Expanding New Mexico’s “red-flag” gun confiscation law (HB27)
  • Making it easier to sue gun manufacturers and retailers

The state Supreme Court is currently deliberating on a case against the governor’s executive order that bans firearms in children’s play areas in Albuquerque after she previously attempted to “suspend” Bernalillo County and Albuquerque residents’ gun rights but was immediately slapped down in court due to the edict’s blatant unconstitutionality. 

Lujan Grisham highlighted that some of the proposed bills enjoy bipartisan support. One significant proposal would allow judges to detain suspects charged with serious violent crimes until trial, unless countered by substantial evidence. This proposal has been a subject of intense debate, with proponents arguing for community safety and opponents citing constitutional rights concerns.

Second Judicial District Attorney Sam Bregman emphasized the necessity of detaining certain suspects to ensure community safety. Representative Craig Brandt, a Republican from Rio Rancho, who is sponsoring the pretrial detention bill, mentioned working with the governor on various crime and public safety bills but expressed his resistance to any measures infringing on constitutional rights, per the Associated Press.

Senate Minority Leader Greg Baca criticized the governor’s approach as overly partisan and overly restrictive on Second Amendment rights. He urged for a tougher stance on criminals rather than law-abiding citizens. GOP Representative Rod Montoya of Farmington pointed out that past Republican-led crime bills often faltered in Democrat-controlled committees, but he remained hopeful about reintroducing them this year despite anticipating resistance from the Democrat-majority Legislature.

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