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NM sheriffs force lawmakers to abandon red flag bill: We refuse to enforce unconstitutional laws~~ Jan 19, 2020
New Mexico – The New Mexico Sheriffs Association was able to help stop red flag gun laws from passing in 2019. Now, lawmakers are trying again.
But the sheriffs are dedicated once again to ensuring their state doesn’t join the other 17, and the District of Columbia, in adding the legislation. The group says that the laws would be both ineffective and unconstitutional.
Talk of red flag legislation last year sparked sanctuary movements in counties across the state, with many sheriffs saying they would not enforce the laws.
Lincoln County Sheriff Robert Sheppard also spoke out against the legislation.
He said, “We have a duty to follow the Constitution and this bill violates due process, because there is no hearing before the government confiscates possessions. It violates unlawful search and seizure 4th Amendment and the 5th Amendment. Someone can have this happen to them without ever committing a criminal act.”
Sheriff Sheppard continued, “It… gives authorization for a judge to issue a search warrant. They cannot do that, because there are the triers of the facts. As a law enforcement officer, we have to go and swear to the facts to be the officiate for a search warrant. These are misdemeanor charges and you can’t get [a] search warrant for that.”
Chairman of the Sheriff’s Association, Cibola County Sheriff Tony Mace, said, “At the end of the day, if you have not committed a crime, you cannot be denied your constitutional right to bear arms. That’s what it boils down to.”
Much like the other 17 states so far, the Democrat governor doesn’t particularly care about the sheriffs’ disapproval of the laws.
Sheriff Shepperd has encouraged gun rights advocates to contact their state senators and representatives to make their opinions heard.
The sheriff says the red flag laws are dangerous.
“We are very serious about protecting the rights of domestic violence victims,” he said, “but we also have to protect the rights of the perpetrators. Each and every one of us must have due process in a court of law.
“This bill takes away that due process. In this bill they even put in the word ‘confiscation.’ They have broadened it from just firearms to ammunition too, to confiscate all ammo in a person’s house too. It doesn’t make the mainstream news that I see, the incidences where an officer goes to enforce their state’s red flag law and they end up in a lethal confrontation with a guy and someone gets killed.
“This is a bad bill.”
The National Rifle Association is also expected to rally against the legislation, as it did last year.
Left-wing Dem. of Virginia Gov. Ralph Northam is foaming at the mouth to sign their just passed Red Flag Bill, into law.
President Trump has also weighed in on the gun grab, tweeting on Friday afternoon.
“Your 2ndAmendment is under very serious attack in the Great Commonwealth of Virginia. That’s what happens when you vote for Democrats, they will take your guns away. Republicans will win Virginia in 2020. Thank you, Dems!”
Conservative state senator Amanda Chase of District 11 went to Facebook on Friday with a stark warning for anyone who is planning on attending the rally on Monday.
“Sadly, I am posting this, knowing that the Governor of Virginia has declared a state of emergency in our state,” she said. “I want you to be aware of how we are being set up.”
“Does the Patriot Act ring a bell? Does the National Defense Authorization Act ring a bell? Chase is warning pro-Second Amendment activists that under the provisions of those two acts, they could be labeled as “domestic terrorists[s].”
Chase believes that by issuing the state of emergency, Northam is setting the groundwork for going after the pro-gun advocates. She specifically warned those attending the rally who may be wearing military fatigues or displaying military insignia.
“The Governor, using the media has already set the state for this to happen,” she said. “He has already laid the groundwork to make the entire movement look like an insurrection.”
She also said that she doesn’t believe just those wearing camouflage or wearing military insignias have reason for concern.
“They are kicking things into high gear,” she wrote. “Military veterans were/are even listed as potential domestic terrorists. We were told not once, but several times by the current President, ‘It’s Not Me they are after, It’s You, The American People.’”
https://www.lawenforcementtoday.com/nm-sheriffs-force-lawmakers-to-abandon-red-flag-bill-we-refuse-to-enforce-unconstitutional-laws/
Democrats control all 3 branches of government in Virginia…they need to be recalled or voted out asap!
Thank you NM Sheriffs and all Law Enforcement that will not enforce unconstitutional & infringes on 2nd Amendment rights of US citizens!!!