NM CCW Statute Ruled Unconstitutional

[LonWilson]

http://www.kob.com/archive/2002/june/04/concealedweapons.htm

Baca, the guy who sued, is gloating.

However, it appears that the entire law was struck down solely because of the "opt-out" provision. The courts appearently said that the CCW statute was lawful in terms of not violating the state constitution. However, the "opt out" provisions violated the state's equal protection clause, and therefor the entire law is void.

Scratch one off from the shall-issue rolls. Though, the law itself was very poor.

 

[C.R.Sam]

Maby (hopefully) they can get it right on another go-round.

 

[jimpeel]

Actually, this may not be a bad ruling. Here in CO they wanted to pass CCW but the sticking points were many, including the desire of cities like Denver to "opt out". This then brings this issue under the umbrella of "equal protection" and might be used in other states where the law is worded for selective enforcement.

Even if the laws get shot down there is ample evidence that the licencees have a good track record and any efforts to paint them with the "Wild West" brush will fall on deaf ears.

 

[TheBluesMan]

http://abcnews.go.com/wire/US/ap20020605_20.html

N.M. Court Nixes Concealed Handguns
New Mexico Supreme Court Rules State Law Allowing Concealed Handguns Unconstitutional

The law, approved last year by the Legislature, would have allowed people 21 and older to carry loaded, concealed handguns if they got training, passed a background check and obtained a license.

The law also allowed municipalities the option of banning concealed weapons within their borders. That provision, the high court ruled, violated the state constitution's prohibition against cities and counties regulating guns.

Former Albuquerque Mayor Jim Baca, who sued to overturn the law, hailed the ruling, saying "it's going to keep us all a little safer."

But the law's sponsor, Rep. Judy Vanderstar Russell, said the ruling shows the high court doesn't understand the constitution.

The Department of Public Safety was to issue concealed handgun permits starting in January, but those plans were halted by Baca's challenge.

It would appear that if the "opt out" section of this law was removed, the law would have been constitutional.

I think that Baca is gloating in public, but sweating in private... It's just a matter of time before NM passes a better CCW law.