Rio Arriba Sheriff James Lujan says he will not enforce the controversial “red-flag” gun safety law signed into legislation by Gov. Michelle Lujan Grisham Tuesday.
Lujan is among 29 of New Mexico’s 33 sheriffs whom the New Mexico Sheriff’s Association says oppose Senate Bill 5 or the Extreme Risk Protection Order Act.
The bill, which becomes effective May 20, allows law enforcement officers to petition a court to preemptively and temporarily seize a person’s firearms if they are deemed a threat to themselves or others.
Sheriff Lujan said the bill is a violation of multiple constitutional rights.
“They’re taking away somebody’s property without a hearing,” he said. “I’m not gonna endanger my deputy’s lives to try and go take away someone’s guns from them unlawfully.”
While people who know a potentially dangerous individual may go to law enforcement with their concerns, it is up to law enforcement officers’ discretion to decide whether or not to take the issue before a court.
The Albuquerque Journal reported Tuesday that Lujan Grisham said elected law enforcement should resign if they will not enforce state law.
Other legislation related to public safety passed by both houses of the Legislature are listed below. Lujan Grisham has until March 11 to act on legislation.
HB 6: PTSD
Presumption for First Responders
Effective July 1, 2020, unless a law enforcement officer or emergency medical services first responder is determined to have post-traumatic stress disorder during an initial employment medical screening, a new PTSD diagnosis will be presumed to be a job-related condition. This streamlines mental health treatment and coverage under workers’ compensation insurance providers.
HB 21: Prohibit NDA for Sexual
Effective May 20, 2020, employers may not require employees to sign nondisclosure agreements as part of sexual harassment settlements.
HB 184: Law
Officers at Schools
Effective July 1, 2022, specialized training will be a requirement for all school resource officers, The act also allots $1,000 in state funds for training each officer.
Settlement agreements with Risk Management, the state government’s insurance division, will no longer be sealed for six months and will be subject to regular public records law.