The Senate Public Affairs Committee voted in favor of Senate Bill 5, the Extreme Risk Firearm Protection Order Act, a proposal that would give law enforcement power to confiscate firearms from people deemed dangerous.
The bill, known as the red-flag law, now moves on to the Senate Judiciary Committee. This is a hallmark item on Governor Michelle Lujan Grisham's agenda this year and likely to be one of the most divisive.
Sentiment is divided along party lines. Democrats on the committee mostly supported the bill while Republicans raised issues and suggested the bill violates due process.
New Mexico Gov. Michelle Lujan Grisham
New Mexico state Sen. Joseph Cervantes (D-Las Cruces) cited last year's shooting at an El Paso WalMart as a reason the bill should be passed. Other committee members called attention to the trauma that schoolchildren face when they have to rehearse lockdowns and exits.
Thirty of New Mexico's 33 sheriffs oppose the bill.
“We believe this bill has many constitutional issues, that it violates rights,” Cibola County Sheriff Tony Mace told the committee, according to the New Mexico Political Report. “As law enforcement officers, we absolutely know this bill has a huge potential for being misused.”
The red-flag law would allow family members or law enforcement to petition a court for an order to disallow a person to have firearms. The person would be required to give up their guns for 15 days; this could be extended to a year if it is believed the person could be a danger to themselves or others.
Unlike other hearings in committee, this hearing took place on the Senate floor with nearly 200 members of the public in the gallery. This allowed a public comment period in which supporters and detractors were given a chance to voice their feelings. Those in favor of the bill recounted stories of gun violence.
Karen Bedonie, a Navajo woman and candidate for the 3rd Congressional District, opposes the bill.
“You cannot legislate against evil," she told the New Mexico Political Report. "All it does is take the rights of good citizens.”
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