New Mexico State Supreme Court Upholds Concealed-Carry Law

[slackmaster]

(Santa Fe-AP) -- The state Supreme Court says the state constitution neither forbids or grants the right to bear loaded, concealed handguns.

The state Supreme Court Thursday issued a written opinion as a follow-up to its verbal ruling of last week that allowed a new concealed-carry law to stand.

A children’s advocacy group and a Santa Fe physician had challenged the law, alleging it was unconstitutional.

<snip>

The Department of Public Safety has begun issuing concealed-carry licenses.

<snip>

See the full copyrighted article at http://kobtv.com/index.cfm?viewer=storyviewer&id=7765&cat=HOME

[Democrats unite]

1. Great news!

I have had a concealed weapons permit in Florida since the law was passed in the mid 80's. And have felt better ever since!

[slackmaster]

3. If you would be so kind as to share your experiences

- How often do you actually carry a gun, and under what circumstances?

- Have you ever used your permitted pistol defensively?

- How many people have you murdered in cold blood over traffic disputes? :freak:

(Feel free to ignore the third question.)

[demsrule4life]

4. My answers

1. Have carried a gun everyday since June 14 74, military, police and concealed as a civilian.

2. Two times.

3. None, but oh the thought was there.

[Democrats unite]

9. Here are my answers...

1. Whenever I leave my home.

2. Yes, once.

3. None.

[Baclava]

5. Gotta love it...

Yep - I have mine in FL too. Reciprocity = freedom to travel safe.

[alwynsw]

2. Another hurdle crossed.

Good for NM! CC is almost a way of life for me. I've had a CC permit since I forget when. Funny thing is, I primarily got it so that I could keep my piece warm and therefore easier to handle when hunting deer with a .41 mag.

[MrSandman]

6. Another state that the GOP will...

Hand out permits like candy. Wait, it is not GOP? Could the CCW issue have more support from Democrats than we have been told? Maybe it is more a cultural than a party issue? Or was it the CGI?

[funkyflathead]

7. Kudos to Bill Richardson

Some Democrats just believe in self defense and common sense.

[beevul]

8. The states that don't allow CCW...

seem to be getting fewer and farther between. Could it be that the sheep are starting to stir? Blame repugs for a couple, but that doesn't explain half of them. This has got to sting a bit for those who are against CCW, and of course to the banner crowd. I say GOOD. Now they know how alot of gun owners have felt when thier cause was taking a beating.


Good ruling in NM.

[CO Liberal]

10. Dumb Ruling in NM, IMHO

Just because something is popular does not make it correct. That was the case with slavery and segregation - it may prove to be the case with CCW.

[milliner]

11. ya know

I tried that slavery argument once concerning a different discussion on lets seeee, I know the 2cnd amendment.

To sum up I said that the bill of rights was there to protect the citizens. And a lot of laws are in place to protect minority rights ( not the rights of minorities but as in the rights of a few against the majority) and I to said that the majority liked slavery and got my head handed back to me, and in fact the majority can pass or deny any right the majority saw fit thats why its a democracy. And if you want to eliminate the 1st amendment you can, all you have to do is get enough votes.

So I guess that popular does mean its right

[CO Liberal]

12. Popular Just Means It's Popular

Nothing more, nothing less.

[MrSandman]

13. Sometimes things that are popular...

are constitutional.

Sometimes they are not.

Decision must be made on the grounds of Constitution(State, in this case). Court cannot preempt laws if the constitution "...neither grants or denies..."

I don't pretend to know the section of the Constitution referred to, but the State Supreme Court presumably does:

"A children’s advocacy group and a Santa Fe physician had challenged the law, alleging it was unconstitutional.

The court says if that were true—none of the other laws allowing concealed weapons in homes, vehicles and by police officers would be constitutional."

[CO Liberal]

14. Just Remember....

...that a Supreme Court decision once determined that a black man (Dred Scott) was not a person.

Courts can (and do) make mistakes.

[MrSandman]

15. They misinterpreted the NM Constitution?

If that is the implication, let us know.

If it is a non sequitur, "Oh well."

BTW, New Mexico is the only state I know whose minimum age for CCW is 25. This is in the law as I understand, due to Constitutional requirement.

[CO Liberal]

16. No, The US Constitution

It was called "The Dred Scott Decision". 1856, if memory serves correctly.

[MrSandman]

17. So NM was right?

I have heard of Dred Scott.

[CO Liberal]

18. I Don't Know Enough To Say

All I'm saying is that sometimes courts can (and do) make mistakes.

[MrSandman]

19. The age issue is the

only constitutional issue I am aware of.

[GRClarkesq]

28. Sounds just like the issue in Missouri

n/t

[beevul]

20. The text of the NM constitution...

CONSTITUTION OF THE
STATE OF NEW MEXICO
ADOPTED JANUARY 21, 1911
(AS AMENDED THROUGH 1974)







"Sec. 6. No law shall abridge the right of the citizen to keep and
bear arms for security and defense, for lawful hunting and
recreational use and for other lawful purposes, but nothing
herein shall be held to permit the carrying of concealed
weapons."

http://www.harbornet.com/rights/newmexio.txt

[TyroneStryker]

21. Reading that section, it appears:

That the Constitution of NM leaves it up to the legislature to regulate the concealment. Note that the constitution does not specifically prohibit the carrying of concealed weapons.

[CO Liberal]

22. It Doesn't Specifically Permit CCW, Either - n/t

[TyroneStryker]

23. Of course not

That is a legislative function. If something is not specifically prohibited it is assumed to be OK. The only thing the constitution says is that one does not have a constitutional right to ccw. That being said, it can be a right granted by the legislature. Basically, if the Constitution said "concealed weapons are unlawful" then CCW would be unlawful no matter what, even with a permit system. It says that the constitution does not grant the right to CCW, but does not say that it is unlawful. It allows the legislature to regulate.

[MrSandman]

25. If it did,

Why would the law have been passed?

[TyroneStryker]

26. Please, be more specific

I'm not quite sure what you are asking.

Thanks!

[MrSandman]

29. If the Constitution specifically permitted CCW...

it would have been the law by Constitutional decree.

Like open carry in Ohio as ruled by their State Supreme Court.
WV has been open carry since I can remember(70's), I think it is because of State Constitution.

[Emoto]

24. It is a red herring

All the gnashing of teeth about CCW laws being passed is about as silly as worrying about gays getting married. Even where it is allowed, only a relatively tiny % of people do it. And many who have the permit carry only rarely, so the numbers of permits issued is misleading. So, in reality it is a non-issue. The only place it becomes an issue is when some anti-freedom organization decides to play political football.

[DonP]

27. Can't possibly be true

<sarcasm on>

I have it on the highest authority, Sarah Brady and Tom Diaz, that blood runs in the streets every time a state passes CCW. They would never lie to the American people.

<sarcasm off>

Today Wisconsin joined the CCW club and the odds are Ohio and Mo. will be following shortly.

Pretty soon all of the folks afraid of the lunatic asswipe/gun fetish worshipping/racist/loonies etc. will have to move here to Chicago.

You'll be totally safe from a small percentage of your law abiding neighbors carrying a concealed gun. No CCW here and no handguns or "assault" weapons in Chicago city limits.

You'll be far safer in Chicago than all those CCW places like Co. and NJ, huh? But I'm sure the activist folks there are getting the CCW laws repealed any day now.