New Mexico Red Flag Law
The red flag order would initiate a 10-day deadline for the local court hold a hearing. After that, the court can extend the seizure for up to a year. For some, the process provides too little due process to be so prohibitive.
“We don’t work for the governor, we don’t work for the Legislature,” said Tony Mace, New Mexico Sheriff’s Association, reported time.com. “We work for the people that elected us into office.”
Mace, and other sheriffs, believe the law goes too far, potentially taking guns from citizens before any crime has been committed. So the sheriffs plan to assert discretion over enforcement when it comes to red flags.
“If they really intend to do that, they should resign as a law enforcement officer and leader in that community,” Grisham fired back, reported time.com.
The new legislation allows law enforcement to petition a court for the surrender of firearms within 48 hours from people who appear to pose a risk or danger to themselves or others, reported time.com. But the petition themselves can be based on sworn affidavits filed by a host of individuals outside of law enforcement. Many feel this opens the door to all kinds of potential fraudulent petitions and seizures.