UPDATE!!

A big crowd at the Colfax County Commission special meeting on Monday, Feb. 25 to discuss passage of the resolution declaring Colfax County a defender of the 2nd amendment Sanctuary County. After much public input, it was temporarily pulled from consideration at the recommendation of Colfax County Sheriff Leonard Baca so that some of the language in the resolution could be reworked.

Many at the meeting felt that it was not a strong enough resolution as the Colfax County resolution did not include wording that other counties have adopted including the Quay County Commission and Union County Commission resolution, which affirmed the right of the sheriff “to not enforce any unconstitutional firearms law against any citizen.”

Spurred by controversial gun control legislation making its way through the NM Legislature —

Other wording that was struck from the Colfax County porposed resolution says the commission “will not authorize or appropriate government funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the purposes of enforcing law that unconstitutionally infringes on the right of the people to keep and bear arms.”

The “Second Amendment sanctuary county” concept, is spreading to New Mexico county commissions like prairie fire.

Quay County was joined, in just a matter of days, by other rural counties — including Curry, Lincoln, Union, Socorro, San Juan, Eddy, Valencia, Catron, Chaves, Grant, Hidalgo and Sandoval. All have passed identical or similar resolutions.

The Taos County Commission on Tuesday postponed a decision on a resolution proposed by Sheriff Jerry Hogrefe. Torrance County has scheduled a special meeting to discuss the matter, and even small municipalities, including Estancia and Bosque Farms, have adopted similar measures

By Marty Mayfield

KRTN Multi-Media

Colfax County Commissioners will meet Monday February 25, 2019 at the Colfax County building to discuss and pass or not pass Resolution 2019-08 which will declare Colfax County to be a Defender of the Second Amendment.

House Bill 8 as well as companion Senate Bill 8 will require a Federal background check for the sale of a firearm to anyone. The exemption is from one police officer to another or from one dealer to another or persons who are already federally licensed. There is no provision for the the sale of a firearm from one relative to another or to hand down a firearm to a relative such as a son or grandson as so many people in this state have done over the years.

29 of the 33 Sheriff’s in the State of New Mexico have opposed the bill as being un-enforceable which is one reason for the Colfax County Commission to meet and pass this resolution in support of the sheriff. Several other counties in the state have already passed a similar or exact resolution in support of their sheriffs.

As of day five in the legislative process House Bill 8 had passed the NM House of Representatives where it will move on to the Senate where it will go into committee before going to the Senate floor for a vote.

On day 11 the Senate passed the bill which was passed to a House committee.

Legislative Day: 5
Calendar Day: 02/08/2019
Passed in the House of Representatives – Y:41 N:25

Below are links to House Bill 8 as of February 22, 2019

House Bill 8 as Introduced

House Bill 8 with Amendments

Legislative Day: 11
Calendar Day: 02/14/2019
Passed in the Senate – Y:22 N:20

Senate Bill 8 as introduced

Senate Bill 8 with amendments

RESOLUTION 2019-08
DECLARING COLFAX COUNTY TO BE A
DEFENDER OF THE SECOND AMENDMENT COUNTY

WHEREAS, the Board of County Commissioners meet in a Regular Meeting on February 25, 2019 at 11:00 a.m. at 230 N. 3rd St., Raton, New Mexico; and,

WHEREAS, NMSA 1978, Section 4-37-1 (1995) provides that Counties have the power to, “provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of any county or its inhabitants”; and,

WHEREAS, NMSA, 1978, Section 4-38-18 (1976) provides that a Board of County Commissioner has the duty and authority “to represent the county and have the care of the county property and the management of the interest of the county in all cases where no other provision is made by law; and,

WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part of the Bill of Rights, protects the inalienable and individual right of the people to keep and bear arms; and

WHEREAS, the Supreme Court in the District of Columbia v. Heller 554 U.S. 570 (2008), decision affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home; and,

WHEREAS, the Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected under the Second Amendment, applies to the state and local governments as well as the federal government; and

WHEREAS, the Supreme Court, in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and,

WHEREAS, Article II, Section 6 of the Constitution of New Mexico provides that “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. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms;” and,
WHEREAS, it is the desire of the Board to declare its support of the Second Amendment to the United States Constitution and the New Mexico Constitution protecting citizens’ inalienable and individual right to keep and bear arms; and,

WHEREAS, the members of this Board took an oath to support and defend the United States Constitution, the Constitution of the State of New Mexico and the laws of the State of New Mexico; and,

NOW, THEREFORE, BE IT RESOLVED that this board declares its support of the Second Amendment of the United States Constitution and the New Mexico Constitution protecting the inalienable and individual right to keep and bear arms and designates Colfax County to be a “Defender of the Second Amendment County”.

Bobby LeDoux, Chairman

James Landon Newton, Vice Chair

Roy P. Fernandez, Member

Attest:

Rayetta M. Trujillo, Clerk of the Board