Second Amendment

Unconstitutional gun grab bill now heads to governor’s desk

​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. 

Unconstitutional gun grab bill now heads to governor’s desk Read More »

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

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.

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

Gun permit scandal in New Mexico: Over 700 citizens affected

Six months ago, Santa Fe resident Bob Clark invested significant time and money, over 15 hours and $400, to obtain his license to carry a concealed weapon in New Mexico. However, a recent audit by the state’s Department of Public Safety (DPS) revealed that the credentials of his instructors and others were expired, leading to the suspension of over 730 licenses.

The DPS has found that 27 concealed carry instructors had failed to renew their credentials, prompting an immediate suspension of their permits. As a result, those taught by these instructors, including Clark, have been instructed to retake their training courses. While the courses will be offered without tuition costs, participants will still need to cover ammunition and range fees.

Expressing his frustration, Clark argued that the responsibility unfairly falls on the students who complied with all requirements. “The only people who didn’t screw up were us, the students who paid the money,” Clark told the Journal. “We’re the only ones who didn’t do something wrong, yet they’re putting the burden on us to correct it.”

DPS has issued a 90-day deadline for affected licensees to complete a new training course and submit a new certificate of completion to maintain their licenses. Failure to meet this requirement will lead to the suspension of their licenses, although they will have the opportunity to reapply later.

DPS spokesman Herman Lovato explained that the oversight was discovered during a routine audit. {DPS cannot advise students to carry concealed weapons without meeting the requirements established in law,” Lovato stated, addressing the legality of the previously issued licenses.

This issue has also prompted Clark to question the reliability of DPS’s system for verifying instructor compliance, which he believes should ensure that instructors listed as certified on the DPS website are actually qualified. His concerns were underscored by the fact that he had initially verified his instructor’s credentials through the state website.

Additionally, Lovato noted that the audit was triggered when an employee noticed that an instructor had not renewed their license. DPS is now implementing a new protocol to notify instructors 30 days before their permits expire to prevent similar issues in the future.

Clark has voiced his dissatisfaction with the need to repeat the training, emphasizing the inconvenience and additional costs imposed on students due to the department’s oversight. His experience has led him to call for an investigation to ensure such errors are not repeated, highlighting the potential implications for public safety and civil rights.

Gun permit scandal in New Mexico: Over 700 citizens affected Read More »

ABQ homeowner proves why the Second Amendment shall not be infringed

In Albuquerque, a recent incident has underscored the Second Amendment’s critical importance and citizens’ right to protect their homes and families. The Albuquerque Police Department (APD) apprehended 32-year-old Joseph Rivera following a dramatic sequence of events that ended with Rivera being shot by a homeowner during an attempted burglary.

The situation began when APD officers located Rivera driving a stolen vehicle in the Valley Area Command. In an attempt to stop him, officers deployed stop sticks, deflating the vehicle’s tires. However, Rivera persisted, driving on the rims until the vehicle ultimately crashed near the intersection of Candelaria Rd. and Rio Grande Blvd.

After the crash, Rivera abandoned the disabled vehicle and fled on foot. In a desperate bid to evade capture, he broke into a nearby residence. The homeowner, confronted by the intruder, was thrust into a nightmarish scenario. Rivera, undeterred by the sanctity of the home he had violated, demanded the homeowner’s car keys.

In a moment of quick thinking, the homeowner managed to lock Rivera out after he momentarily left the premises. However, Rivera, undaunted, forced his way back into the home, further demanding keys. Faced with an increasingly perilous situation, the homeowner retreated to her bedroom and armed herself with a firearm.

When Rivera refused to heed the homeowner’s warnings to leave, she was left with no choice but to defend herself. She shot Rivera and then, displaying remarkable composure, administered first aid until law enforcement arrived.

This incident not only highlights the homeowner’s bravery and quick thinking but also serves as a potent reminder of the fundamental principles behind the Second Amendment. The right to bear arms is not just a constitutional provision but a critical element of personal security and self-defense, particularly in situations where the immediate protection of life and property is paramount.

This case is proof positive that the Democrats’ attempted gun grabs are attempts at keeping citizens like this woman from protecting themselves — especially in the dangerous city of Albuquerque. If citizens are disarmed and left vulnerable amid this violent crime wave, criminals would be even more emboldened.

Rivera is currently recovering in a local hospital and will face charges, including burglary and attempting to commit a felony, upon his release. 

ABQ homeowner proves why the Second Amendment shall not be infringed Read More »

Unconstitutional Gov. Lujan Grisham renews assault on Second Amendment

In a move that has again sparked a flame to the Constitution, Democrat Gov. Michelle Lujan Grisham has decided to renew executive orders declaring so-called “gun violence” a public health emergency, which restricted guns for New Mexicans. The extension, set to last until December 1, 2023, is being met with fury over its blatant unconstitutionality.

Governor Lujan Grisham again doubled down on the unconstitutional measure, saying, “This executive order sends a clear message that the safety and well-being of residents are our top priorities. We stand united in our resolve to combat gun violence and protect our communities.” However, it remains to be seen whether the renewal of this emergency declaration is effective at all.

The governor initially declared a state of public emergency on September 7, 2023, and her administration promptly launched initiatives to address the crisis. During a press conference to announce the measure, which banned gun possession for all residents in Albuquerque Bernalillo County, the governor claimed that “no right,” including her oath is absolute. 

Her unconstitutional action led state Reps. John Block (R-Alamogordo) and Stefani Lord (R-Sandia Park) to launch an impeachment process against Lujan Grisham, which requires large numbers of legislators to sign a certification form calling for an extraordinary impeachment session. So far, 33 legislators have signed the petition.

Patrick Allen, Lujan Grisham’s secretary for the New Mexico Department of Health, defended the renewal by emphasizing the gravity of “gun violence” as a public health concern.

The order also mandates that the New Mexico State Police will be hosting gun buyback events in Albuquerque, Las Cruces, and Española. These measures have proven ineffective in reducing crime. Those deciding to disarm themselves will receive Visa and/or American Express gift cards in exchange for their firearms.

Unconstitutional Gov. Lujan Grisham renews assault on Second Amendment Read More »

Dem Party desperately wants us to stop talking about impeaching MLG—we won’t

The Democrat Party of New Mexico (DPNM) has characterized Gov. Michelle Lujan Grisham’s illegal order banning guns and subverting her oath as a mere “policy dispute,” attacking myself and state Rep. Stefani Lord for upholding our oaths by holding her accountable.

DPNM told KOB 4, “New Mexico needs real solutions to take on the public safety issues impacting our communities. Calling for an impeachment over a policy dispute isn’t a real solution,” claiming impeachment was “disrespectful to the people of this state.” Did you hear that, fellow peasants? The New Mexico Democrat Party has spoken!

Oh, but wait… There’s more! Lujan Grisham’s office condescended, “It is unsurprising but disappointing that Republicans in the state are choosing to use this time to orchestrate a political stunt instead of coming up with solutions to protect all New Mexicans. With less than 120 days until the start of the session, now is the time to focus on drafting comprehensive legislation to stem the epidemic of gun violence in the state.”

First and foremost, let us acknowledge that public servants, regardless of their political affiliation, take an oath of office to uphold the Constitution and protect the rights of the citizens they serve. 

The actions of Governor Lujan Grisham, particularly her executive order restricting the Second Amendment rights of law-abiding citizens to bear arms and her comments that her oath and our rights are not “absolute,” go way beyond the bounds of a policy dispute. It is a matter of profound concern when public officials abuse their oath and deny citizens their constitutional rights. Breaking one’s oath is an impeachable offense.

DPNM’s sad attempt to downplay these actions as a mere policy disagreement is both disingenuous and dismissive of the gravity of the situation. When a governor takes unilateral action to curtail fundamental rights, it is not a matter of partisan politics; it is an affront to the principles of liberty and democracy that should unite us all.

Governor Lujan Grisham and her allies have flagrantly gaslit the public by venomously spewing the lie that Republicans have no ideas to address the issue of violence in our state. This claim is not only false but serves to polarize our political discourse further, further proving the governor’s deceit and lack of fitness for high office. We, Republicans, have consistently put forward ideas and proposals to address crime and ensure our communities’ safety. 

The GOP sponsored bills to keep violent criminals behind bars, increase sentences for felons who illegally get ahold of firearms and use them in crimes, enhance sentences for trafficking, and the list goes on and on. Each of these tangible and results-based solutions died immediately at the hands of the governor’s allies in the legislature.

Let us not forget that Governor Lujan Grisham has had five years to confront the crime issue in our state. To suggest that this is a sudden crisis that requires emergency measures, such as her recent illegal executive order, is disingenuous at best. It raises the question of why she has yet to prioritize this critical issue earlier in her tenure or at all.

Addressing crime and ensuring the safety of our citizens should always be a top priority for any leader. The people of New Mexico deserve nothing less. Rather than resorting to criminal executive orders, we should be engaging in a constructive dialogue, working collaboratively across party lines to find effective solutions that enhance public safety while respecting our constitutional rights.

The actions of Governor Lujan Grisham are not a matter of mere policy disagreement. They represent a serious breach of trust, an abuse of the oath of office, and a denial of the constitutional rights of our citizens. We must recognize the gravity of these actions and impeach the governor for knowingly violating our rights and her oath. 

To take immediate action to help impeach Gov. Lujan Grisham, please visit ImpeachMLG.com

John Block is the founder and editor of the Piñon Post and is the state representative for New Mexico’s 51st House District in Otero County. John has fought for years for New Mexicans’ constitutional rights and is the primary sponsor of New Mexico’s Constitutional Carry legislation.

Dem Party desperately wants us to stop talking about impeaching MLG—we won’t Read More »

WATCH: YouTuber takes down MLG’s anti-gun ignorance in less than five minutes

Prominent YouTube influencer and attorney Colion Noir, whose channel is about the Second Amendment, skewered New Mexico Democrat Gov. Michelle Lujan Grisham after she made uninformed and false comments while recently appearing on MSNBC. 

In particular, she called AR-15 rifles “weapons of war,” even though the military doesn’t use them, and falsely claimed the weapons were “automatic,” which they are not. 

Noir took down Lujan Grisham in under five minutes in his YouTube segment that is now going viral. 

He ripped her to shreds over what the Second Amendment says, her anti-gun legislation proposed, and the failed anti-gun policies already enacted that are not doing much of anything. 

Watch Colion Noir’s epic takedown here:

WATCH: YouTuber takes down MLG’s anti-gun ignorance in less than five minutes Read More »

Lujan Grisham vows to crush Second Amendment, ‘go after’ gun manufacturers

During an appearance Friday on MSNBC’s Morning Joe, far-left Democrat Gov. Michelle Lujan Grisham said she will continue her attacks against the Second Amendment — going further to say no one in America should personally own an “automatic weapon.”

During the appearance, she said she would continue to try and ban all weapons with high capacities, mandate the age to purchase any firearm is 21 years of age, expand her “red flag” law, and put forward a 14-day waiting period to purchase a gun, among other anti-gun measures. All of these proposals died in the 2023 Legislative Session with a lack of support from the majority of members. 

Morning Joe host Mica Brzezinski asked Lujan Grisham if the Farmington shooter should have been able to get an AR-15, to which she responded, “It shouldn’t. This is my point exactly. Frankly, no one that isn’t in the military — this is a weapon of war — or, uh, the trained police department. In my view, no one in America who isn’t in one of those two situations should own an automatic weapon. There is no reason to own one of those…. There is no reason.” Automatic weapons are already banned in the United States.

She also said she is “looking at” legislation that died in the last legislative session to “go after gun manufacturers. This is an all-of-the-above approach. Every single thing. I want fewer firearms in the street, I want no more gun trafficking, I want people held accountable, and what happened to Mr. Wilson? Did he reach out for help at the school? I’m going to need to know that. Was there a missed opportunity for a red flag high-risk protection order?”

Brzezinski also asked Lujan Grisham about abortion, with Lujan Grisham referring to pro-lifers, “They’re chipping away one thing at a time. They want the Supreme Court in a position to be able to finally rule on that. Congress must act, but in the meantime, we are going to make sure that these medications are available in our state. We’re going to make sure that clinics are available. We’re probably going to have to band together and make sure that there’s a process and resources for women to move and travel across the country…. Democratic governors — and women Democratic governors — are going to make sure that women, no matter where you are, have the ability to get to us for the protections and support you need, including my own Department of Health is looking at launching a national hotline so people really know who is standing up for you and where you can go to be protected.” By protected, she is referring to “protecting” the right to kill a child in the womb up to the ninth month of pregnancy, which is legal in New Mexico.

Lujan Grisham vows to crush Second Amendment, ‘go after’ gun manufacturers Read More »

Dems advance anti-gun bills, kill Constitutional Carry proposal

On Tuesday, the New Mexico House Consumer and Public Affairs Committee considered two anti-gun bills sponsored by Rep. Andrea Romero (D-Santa Fe) and one pro-Second Amendment bill sponsored by Rep. John Block (R-Alamogordo).

H.B. 100 by Romero would institute a 14-day waiting period before any New Mexican can purchase a firearm. During the discussion, Block, who sits on the committee, proposed an amendment to exclude those who have filed a protection order and may need to get immediate access to a firearm for self-protection. However, the bill sponsor noted how the amendment was unfriendly to the bill.

After a discussion from Block and Rep. Stefani Lord (R-Sandia Park) about how statistics show there is no evidence showing how such orders protect those who the bill intends to keep safe, the Democrats on the committee voted 4-2 to table the bill, with Block and Lord opposing it. 

Next up was H.B. 101, which would ban New Mexicans from purchasing “high-capacity” rifles over ten rounds or “high-capacity” pistols with over 15 rounds, as well as mostly any gun that has modifications, labeling them “assault” rifles or pistols. It would also “grandfather” current owners of such weapons, but only if they registered with the state on a list. 

During the discussion, Romero claimed that “no rights are absolute” and discounted statistics showing such bans have not worked in the past. Also, constitutional arguments were brushed aside. 

The committee proceeded to vote 4-2 to pass the extreme anti-gun bill.

The Constitutional Carry bill, H.B. 164, which Block co-sponsored with Reps. Lord, Tanya Mirabal Moya (R-Los Lunas), Jimmy Mason (R-Artesia), and Mark Duncan (R-Farmington) had much support from the public, with only a handful of comments made via Zoom opposing the commonsense, which is already implemented in 25 states including liberal Vermont and Maine. Despite the massive public support, the measure also died on a party-line 4-2 vote to table it. 

H.B. 100 and H.B. 101 now advance onward to the House Judiciary Committee, which will now examine the extreme anti-gun proposals.

Dems advance anti-gun bills, kill Constitutional Carry proposal Read More »

Anti-gun Dems gag opposing voices in committee as they launch new gun grabs

On Tuesday, the Legislative Courts, Corrections, and Justice Committee met at the state Capitol in Santa Fe, where Democrat state representatives and senators discussed passing anti-gun bills to limit New Mexicans’ right to bear arms. Many Democrat legislators railed against law-abiding gun owners of New Mexico.

State Sen. Joseph Cervantes (D-Doña Ana) threatened to make parents felons and bankrupt them if they don’t lock up their firearms. He said, “You tell parents you’re gonna lose everything you own” if they don’t lock up guns. Cervantes added he wants to sue “manufacturers and marketers of guns” while saying, “Bring it on if you think the Constitution protects unfettered use and access of guns.” He then applauded Australia’s near-total ban on firearms.

Rep. Stefani Lord (R-Sandia Park) said during her commentary, “Before we start passing insane gun laws, we need to make sure they don’t get kicked back” on grounds of constitutionality.

State Rep. Gail Chasey (D-Bernalillo) claimed automatic firearms are “weapons of war.” 

Rep. Moe Maestas (D-Bernalillo) chimed in, comparing guns to “nuclear bombs.” He said that “forty years ago, there was an SNL skit where Everyone was walking around with a nuclear bomb. So apparently, that’s come to fruition.” 

Maestas, who is married to rabid anti-gun lobbyist Vanessa Alarid, claimed we need to rewrite the Constitution, which he referred to as “today’s constitution,” and honor “past decisions.” He bashed “the massive rampant use of firearms,” saying “we have sacrificed public safety on the altar of a firearm.”

He then demanded New Mexico nix open carry. Maestas opined, “There is no reason to have open carry,” claiming, “It’s just, it’s just poor public policy.”

Cervantes chastised Rep. Lord because she called Democrats’ partisan anti-gun bills “this stuff,” which he took offense to. “I know you’re new, but in time you will have regard for ‘this stuff,’” he told Lord.

Lord clapped back, telling him, “ am new, but I am not stupid, and I will stand up [against] things that are not good.”

As Cervantes continued to trash Lord, saying that is not how he runs his committee, she asked, “Can I counter-point since you’re chastising me?” 

An attendee yelled from the gallery to Cervantes, “You’re a misogynistic d**k!”

During the public comment period, multiple members of the public were silenced, including Republican House District 51 nominee John Block, by the chairs despite coming to the defense of Rep. Stefani Lord. This is not the first time Block has been silenced by Chasey during committees. He told Chasey before being silenced, “Shame on you!” 

U.S. Army veteran Casey Peterson addressed the Democrat chairs as “You incompetent tw**s.” When he began getting gaveled down based on his language, Peterson said, “Go to hell; I’ll use whatever language I want,” before being forcibly removed. 

During the hearing, far-left Democrat Albuquerque-area legislators Dayan Hochman-Vigil and Pamelya Herndon released their plans to sponsor anti-gun bills in the 2023 Legislative Session. One measure would create and beef up the “Office of Gun Violence and Prevention,” which was initially funded $300,000 in the 2022 Legislative Session. Anti-gun activist Miranda Viscoli said the department, to be comparable with states like Colorado, needed approximately $3 million in funding. 

Herndon proposed a bill forcing New Mexicans to lock up their firearms. If they did not, and their gun somehow was used in an offense by a minor, the parent of that child could be made a felon if the victim of the crime is killed or permanently disabled. As noted by even some Democrats in the chamber, the bill would be the first crime proposal to base a defendant’s sentence not on their own actions but that of someone else (a minor) who got ahold of a firearm. 

During committee members’ questions in the committee over the proposal, questions were brought up about the bill’s poorly drafted language, vagueness, and ineffectiveness as a tool to supposedly root out violent offenses with guns. 

Following the attacks on the Second Amendment by the legislators and their so-called experts, such as anti-gun activist Miranda Viscoli, Block released the following statement:

“The extremist attacks against our Second Amendment that we heard today from these far-left Santa Fe liberals shows they live in an alternate reality. We heard directly from these Democrats that they want to bankrupt working families, punish certain businesses, demonize law-abiding firearm owners, and idiotically compare life-saving firearms to ‘nuclear bombs.’ Guns save lives. These gun-hating radicals are the lowest scum of the earth, clinging to the bottom of the most disgusting cesspools in the Santa Fe Swamp. We The People will not be disarmed, and definitely not by these Constitution-hating radicals.”

Anti-gun Dems gag opposing voices in committee as they launch new gun grabs Read More »

Scroll to Top