Ah, The Power Of Art

New Mexico has been in the news lately with regard to criminal violence. Gov. Michelle Lujan Grisham’s response was an unconstitutional ban on carry in Albuquerque and Bernalillo County. The US District Court said nope to that when it issued a temporary restraining order.

Given there are a number of effective prosecutorial and law enforcement strategies to deal with the criminal misuse of a firearm, I’m not sure what to make of this project of New Mexicans To Prevent Gun Violence (sic). They are the New Mexico affiliate of States United to Prevent Gun Violence.

I know art has some power. Without it, we would never have had propaganda posters or Stalinist art as in the former Soviet Union. That said, I am skeptical a mural is going to stop a gang banger from doing what a gang banger does. I think the allure of power, status, money, and protecting their so-called territory is a much stronger incentive.

Democrat State Party Platforms – New Mexico To Ohio

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I’m pushing to finish this series before early voting starts in most states. In North Carolina, it starts on October 17th. This group of platforms will include those of the Democrat Parties of New Mexico, New York, North Carolina, North Dakota, and Ohio. It is an interesting mix composed of three top-10 in population states along with two rather small states.

New Mexico

The 2018 platform of the New Mexico Democratic Party is interesting in that it is upfront about the influence that progressive and leftist groups and politicians have had on it. Of the 31 state platforms I’ve examined so far, it is the only one that has something like this in it. In a beginning section called “Representation”, the platform states:

While this 2018 Platform as a whole is new and original, reflecting New Mexico’s uniqueness and a fresh step
forward for the party, it is inspired by language from the 2014 and 2016 New Mexico State Platforms, the 2016
DNC platform, the Santa Fe and Eddy county platforms, Progressive Democrats of America- Central NM
Chapter, the Unity Reform Commission, Bernie Sanders and Hillary Clinton Campaign promises, and several
Obama era Executive Orders. The 2018 Platform borrows language that aligns with the priorities of
organizations who are unaffiliated with the Party but who share similar values and goals including: 350.org,
New Energy Economy, Food and Water Watch, Common Cause, Frack Free New Mexico, Taos Pueblo, Public
Citizen, Move to Amend, Sierra Club…

 Given this background, it is not surprising to see a whole litany of gun control proposals in this platform under “Public Safety”.

  • We must expand and strengthen background checks for firearm purchases and close dangerous loopholes in
    our current laws
  • Oppose the sale of assault weapons and large capacity ammunition magazines by reinstating and
    strengthening the assault weapons ban
  • Repeal the Protection of Lawful Commerce in Arms Act (PLCAA) that revokes dangerous legal immunity
    protections for firearm manufacturers and sellers
  • Support the enactment and enforcement of aggressive laws against illegal gun trafficking

As a side-note, this section also has quite a bit about nuclear arms contained within it including challenging the unilateral authority of the President to use nuclear weapons.

New York

New York is home to the NY SAFE Act which was rammed through the legislature in the immediate aftermath of the Newtown murders. Thus, the platform of the New York State Democratic Committee is more of a patting on the back for what they’ve done than a what we intend to do in the future. The state’s gun control laws are already draconian so there is little more that could be added.

In the section of their webpage entitled What We Stand For devoted to firearms they say:

Reducing Gun Violence


When the Sandy Hook tragedy happened, New York Democrats took common-sense action, requiring universal background checks on gun purchases, increasing penalties for people who use illegal guns, setting a penalty of life in prison without parole for anyone who murders a first responder, and establishing the toughest assault weapons ban in the country.

North Carolina

As a lifelong North Carolinian and former Democrat, I’m not surprised by what I’ve read in the North Carolina Democratic Party’s platform. The party that was composed of moderate and conservative Democrats has been fully taken over by the left wing. That trend started in 1972 with the McGovern campaign and went into high gear in the 90s and early 2000s. Some of this was indigenous and a good bit was due to in-migration from the Northeast.

In the section entitled Security and Law Enforcement, it states with regard to firearms:

GUN VIOLENCE PREVENTION As Democrats we recognize that there
is a serious issue with gun violence in our country, yet we also
respect the Constitution’s Second Amendment. We believe the
promotion of standards to curtail gun violence is not inconsistent
with the Second Amendment. Among the measures we support are
strengthening background checks, closing loopholes such as the
well-known “gun show loophole,” holding gun manufacturers
accountable through repeal of their special immunity status, and
keeping guns out of the hands of dangerous individuals. We believe
that responsible gun owners should not be punished for the
wrongdoing of those who seek to do harm, but that we must also
take proactive measures to slow and eventually eliminate this
epidemic in our country.

Given that the General Assembly no longer really has any pro-gun Democrats, I look at their “respect” for the Second Amendment as a joke. In an earlier section of the platform they state:

We support the fundamental rights to freedom of
speech, freedom of religion, freedom of association and assembly
2016 North Carolina Democratic Party Platform  and the right not to be deprived of life, liberty, or property without
due process of law
. We oppose efforts to limit or eliminate these
fundamental constitutional rights.

 They are big on the freedom of speech and assembly parts as evidenced by the “Moral Monday” protests but are paying lipservice to the taking of property without due process of law. The red flag law proposed by Rep. Marcia Morey (D-Durham) provides for ex parte orders taking a person’s firearms. This means a judge issues an order based upon what a family or household member or LEO says without the person whose guns are being taken being involved in the hearing. It is only days later that the person who is the subject of the order gets to have their day in court.

North Dakota

North Dakota Democrats are moving right along with the rest of the national Democrats in their support of gun control including age discrimination, training requirements for a first time purchase, waiting periods, and universal background checks. The NPL in the name of the North Dakota party is the Non Partisan League which merged with the Democrats back in the 1950s.

From their platform adopted March 17. 2018:

Firearm Safety – The Dem-NPL Party supports common sense regulations regarding the safe use of firearms for North Dakotans.

  1. The Dem-NPL supports legislation to close the loophole stating that it’s legal to sell and buy modification kits that can convert semi-automatic weapons into automatic ones.
  2. The Dem-NPL supports requiring North Dakota unlicensed gun sellers at gun shows, and private gun dealers to conduct the same instant background checks that licensed dealers need to conduct, using the National Criminal Instant Background Check System.
  3. The Dem-NPL Supports school Resource Officers who are trained in law enforcement, and in adolescent behavior.
  4. The Dem-NPL supports secure processes for students and adults to anonymously report suspected gun violence behavior, along with organized community forums where groups can share ideas, parents and kids can learn where to turn for help, and training is provided in the community to learn the signs of potential danger, and provides information on how to seek out interventions.
  5. The Dem-NPL supports a mandatory Certified Firearm safety training for any first time purchaser of a firearm.
  6. The Dem-NPL supports increasing the age to purchase a semi-automatic weapon from 18 to 21, and require a 3-day waiting period to purchase.

I presume that Item 1 refers to bump fire stocks as any other kit or sear would come under the National Firearms Act. Likewise, there is no such thing as a private gun dealer. You either are a licensed dealer or you are a private individual selling or trading your personally owned firearms on occasion but not as a business. This is an indication to me that whoever wrote this was unfamiliar with federal firearms law.

Ohio

The Ohio Democrats have adopted the national DNC platform as their own and have not written a separate Ohio-specific platform. Therefore, to get an idea of what Ohio Democrats will do let’s look at the platforms or issue statements of Richard Cordray who is their candidate for governor and of Steve Dettelbach who is their candidate for attorney general. These seem to me to be the two major offices impacting firearms rights in the Buckeye State.

Cordray says his administration (if elected) would do the following:

  1. Require universal background checks
  2. Ban the sale of “high-capacity” magazines and bump stocks
  3. Raise the age to purchase any firearm to 21
  4. Extreme violence protection orders
  5. Appoint a “gun violence protection czar”
  6. Create “gun violence task forces”

Bear in mind that Cordray was Sen. Elizabeth Warren’s handpicked choice to head the Consumer Financial Protection Bureau which should show where he aligns politically.

Dettelbach doesn’t mention firearms, gun control, or even “gun safety” on his campaign website. However, in an interview with WOSU Public Media, he says he is for the following:

  • Taking guns away from domestic violence offenders
  • Restricting guns for people who have an established record of serious mental health problems
  • Reinstating the assault-style weapons ban
  • Universal background checks

Moreover, in the state where the FASTER program began, he says he is against arming teachers and administrators regardless of whether they were former military or law enforcement officers. He says, “I think this is a politician’s plan quite frankly I mean it doesn’t protect people in any meaningful way it’s more than a day late and much more than a dollar short.” I guess he is ignorant of the studies that have shown the speed of response is key to saving and protecting students.

Senate Judiciary Committee Votes On Gun Control Tomorrow



The Senate Judiciary Committee will have an executive business meeting tomorrow morning at 10am. There are a number of items that should be of concern to those concerned with the Second Amendment and gun rights.

The first item on the agenda is a confirmation vote on six nominees for US District judgeships. Of particular concern is Kenneth John Gonzales to be a District Court judge for the District of New Mexico. Gonzales is currently the US Attorney for New Mexico and the man behind the egregious prosecution of the Reese family of Deming, NM on charges of arms smuggling. They have already been found not guilty on 24 out of 28 charges and are seeking dismissal of the other four charges due to prosecutorial misconduct.

National Gun Rights Examiner David Codrea and the Firearms Coalition’s Jeff Knox have been doing yeoman’s work in covering this case since the beginning. Here are a couple of their latest reports. The Tea Party of Luna County (NM) has been on the case since the beginning as well.

Based on the prosecution’s behavior under Gonzales, I and many others feel he is unfit to sit on the bench. David Codrea is urging that people contact Sen. Chuck Grassley R-IA) to make their opposition known.

The other major items on the Judiciary Committee’s agenda are votes on four gun control measures.

II. Bills

S.150, Assault Weapons Ban of 2013 (Feinstein)

S.54, Stop Illegal Trafficking in Firearms Act of 2013 (Leahy)

S.374, Protecting Responsible Gun Sellers Act of 2013 (Schumer)

S.146, School Safety Enhancements Act of 2013 (Boxer)

Given the composition of the committee, I really have no expectation that they won’t pass these measures. The only question is whether any Republican votes for any of these measures.  I would hope not but there is no guarantees. Sebastian has a good post up today about the risk of letting gun controllers have any victory. In my opinion, a party line vote is about the best we can expect in the Senate Judiciary Committee and would count as a win.

It’s time to tell the Republicans on the committee that we expect them to hold the line. Contact info is available here.

A Hit To Carry Reciprocity In The Southwest (Updated)

The State of New Mexico has stopped honoring carry permits from 13 other states in the last two weeks according to a report on Handgunlaw.us. I don’t see much good that will come of this especially for the residents of the Land of Enchantment.

Notice: New Mexico has stopped honoring 13 other states Permit/Licenses in the last Couple weeks. Many of those states will stop honoring a New Mexico Permit/License. If you are a New Mexico Permit holder Handgunlaw.us advises you to call ahead to make sure your New Mexico Permit is honored. Below is the list of states that New Mexico DPS is reporting they will honor.

Missouri
Nebraska
North Carolina
North Dakota
Oklahoma

Gary Slider, co-owner of Handgunlaw.us, posted a longer message on the SIGForum regarding the move by the State of New Mexico Department of Public Safety. It had been reposted on the NC Gun Owners forum.

New Mexico has dropped Arkansas, Colorado, Delaware, Kansas, Louisiana, Michigan, Ohio, Tennessee, Texas & West Virginia from the list of states they honored.

New Mexico will now only honor 5 states which are Missouri, Nebraska, North Carolina, North Dakota & Oklahoma.

Of the states they dropped.
Colorado, Delaware, Louisiana, Ohio and West Virginia will drop New Mexico for sure as these states require Signed Agreements or the other state must honor them before they will honor that state.

Arkansas and Texas will most likely drop New Mexico but I am not 100% positive on that but 99% sure they will from what both states have done in the past.

Kansas will continue to honor New Mexico as they list states they will honor based on a states law being similar to theirs without the other state honoring them.

Michigan & Tennessee honor all other states and will continue to honor New Mexico.

William Hubbard is the new man in charge of the NMPDS Concealed Carry Unit. He is the one making these decisions. From what I understand he is the one who is appointed by law to make the decisions. This major change by one person is most likely making huge waves in New Mexico. We will never learn just how big of waves but I believe there is a tsunami brewing.

Every state that boarders (sic) New Mexico except for Oklahoma which only has the Tip of its Panhandle touching New Mexico are now not welcome in New Mexico if they carry a firearm. All those citizens were welcome in the not to distant past. Also Colorado and most likely Texas will drop New Mexico and then citizens of New Mexico will not be welcome in those states if they want to carry their defensive firearm. That will cause a lot of calls, emails and letters to start flowing to politicians and an election is coming up. Those Politicians don’t want any waves right now that they don’t need. So it will be very interesting to see what happens in the coming weeks. I am hoping for the best. I also what to say I don’t know anymore about the Why’s of this any more than you do.

I am updating all the States pages at http://www.handgunlaw.us to reflect this change in who New Mexico Honors and who will honor them. It is a lot of work and hoping to get it all up late this evening. I have just returned from a weekend away. The Create a Map Application is the tough job. To make a state blue showing it honors another state is simple. To change it to show it doesn’t honor it any longer requires Steve to completely rebuild a new map for each state. That change will not happen for awhile and I will put that info on the Notice Page for the Create a Map Application.

FYI

NMDPS Concealed Carry Unit
6301 Indian School Rd NE Ste. 310
Albuquerque, NM 87110
(505) 841-8053

http://www.dps.nm.org/index.php/nm-concealed-carry/

UPDATE: Gary Slider, co-owner of handgunlaw.us, reports that New Mexico has reinstated 14 of the states dropped. I appreciate his updating us on the reinstatements.

 Here is what he says in the comments below:

New Mexico has reposted on their website most of the states they dropped and will honor them. There was a lot of pressure put on people to honor the states again. You can view what they are saying at their website at:
http://www.dps.nm.org/index.php/nm-concealed-carry/reciprocity-agreements/

As we continue our audit and make changes accordingly, this page will be updated to reflect the most current information. This information is current as of May 1, 2012

New Mexico currently recognizes concealed carry permits from or has reciprocal agreements with the following states: Arizona, Arkansas, Colorado, Delaware, Florida, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Virginia and West Virginia.

Gary Slider
Co-Owner www.handgunlaw.us