Law-abiding Gun Owners Fear ‘False Flags’ Will Leave Them Defenseless
Santa Fe, NM - At a news conference today hosted by the National Rifle Association’s Institute for Legislative Action (NRA-ILA) and the New Mexico Shooting Sports Association (NMSSA), law-abiding New Mexicans, along with members of the law enforcement and the judicial system shared their concerns that a “red flag” measure would put New Mexicans in danger and do nothing to help individuals and families dealing with a mental health crisis.
Under SB5, any person – not just a gun owner – could be “red flagged.” The majority of “red flag” orders would result in mandatory confiscation of firearms and ammunition without due process or advance notice to the affected person, or the opportunity to explain or defend themselves before a judge.
“This isn't about public safety or getting help to those in crisis,” said Alexandra Garza, NRA-ILA New Mexico State Director. “This ‘red flag’ bill would put people in danger by escalating domestic disputes without any requirement for the individual in distress to get necessary mental health treatment.”
“This is a dangerous piece of legislation because it would strip away our Second Amendment rights without due process,” said Zac Fort, NMSSA president.
“I am concerned that vengeful ex-spouses could easily use red flags laws inappropriately in domestic situations, putting officers at risk, and stripping many law-abiding New Mexico gun owners of their constitutional rights without any due process,” said Ted Skibyak, a retired Rio Rancho police officer.
“And it’s totally unnecessary because New Mexico already has laws on the books to deal with a person who poses a threat to themselves or others,” added Skibyak. “Law enforcement can obtain a committal order from a medical doctor that would lead to a 72-hour evaluation of the individual in crisis.”
Domestic violence survivor Kim Caldwell of Bloomfield shared her concern that a “red flag” bill would not have stopped her ex-husband. “He intended to kill me and then himself. Had he been ‘red-flagged,’ and a gun taken away, he would have just used his bare hands, as he often did, a knife, a bat or any other type of object to kill me,” said Caldwell. “Furthermore, what scares me is he could have used that red flag bill against me and had my own guns taken from me, leaving me defenseless!”
Other speakers at the news conference:
Rep. James G. Townsend, House Minority Floor Leader
Sen. Steven Neville, Senate Republican Caucus Chairman
Commissioner Jay Block, Sandoval County
Sheriff Tony Mace, Cibola County, President NM Sheriff’s Association
Mayor Nathan Dial, Estancia
District Attorney John Sugg, 12th Judicial District State of New Mexico
Stefani Lord, domestic abuse survivor and Second Amendment advocate
Under SB5:
- any person – not just a gun owner – could be “red flagged”;
- the majority of the orders would result in mandatory confiscation of firearms and ammunition without due process – there is no advance notice to the affected person, or the opportunity to explain or defend themselves before a judge;
- “Red flag” orders would be issued for a mandatory minimum of one year, and may be renewed indefinitely, leading to a possible lifetime gun ban for persons who have committed no criminal act;
- anyone who shares living space with a person who has been “red flagged” would face potential seizure of their guns and ammunition by law enforcement as soon as an order is issued;
- cohabitants of the “red flagged” individual would be forced to store their firearms in a way that may leave the person defenseless in the event of a break-in or assault;
- there is no requirement to establish an “extreme risk,” and no medical or expert evidence is needed regarding the person who is the target of the “red flag” petition;
- there is no requirement for people who have been “red flagged” to get mental health evaluation and treatment;
- a person who violates a “red flag” order would be prohibited from being eligible to possess or receive a firearm or ammunition for five years.