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Thread: House Resolution 3; Prohibit Firearms in House by Brian Egolf

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    House Resolution 3; Prohibit Firearms in House by Brian Egolf

    This resolution was heard on 2/5/14 and was moved forward, but amended to include CCW holders in addition to LEO's. The result of this would ban open carry in the Capital Complex.

    Link here:

    http://www.nmlegis.gov/Sessions/14%2...e/HR03JC1.html

    There was a similar Senate Resolution (SR1) which has not been updated as of today.

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    Fortunately House Rules aren't laws and can't really be enforced. Even if they did try to enforce it this rule would easily be defeated in court since it's a public building and the state constitution makes it clear that firearms can't be restricted.

    It's really dumb that they even waste time on this kind of stuff though. I read an article yesterday and one of the legislators wanting this rule said he doesn't want people walking around with automatic weapons. Just goes to show that the people making our laws don't have any idea what they're talking about.
    Last edited by castiel; 02-07-2014 at 07:20 PM.

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    Quote Originally Posted by castiel View Post
    Fortunately House Rules aren't laws and can't really be enforced. Even if they did try to enforce it this rule would easily be defeated in court since it's a public building and the state constitution makes it clear that firearms can't be restricted.

    It's really dumb that they even waste time on this kind of stuff though. I read an article yesterday and one of the legislators wanting this rule said he doesn't want people walking around with automatic weapons. Just goes to show that the people making our laws don't have any idea what they're talking about.
    Oh, house rules can be enforced....the legislature can ignore them but you cannot ... and courts will do you no good, separation of powers,,,judge won't even listen to the case.

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    Quote Originally Posted by davidmcbeth View Post
    Oh, house rules can be enforced....the legislature can ignore them but you cannot ... and courts will do you no good, separation of powers,,,judge won't even listen to the case.
    Then they're just setting themselves up to get sued, just like all the city mayors that have tried and failed to ban guns during meetings.

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    Quote Originally Posted by castiel View Post
    Then they're just setting themselves up to get sued, just like all the city mayors that have tried and failed to ban guns during meetings.
    a court will not hear the case ... separation of powers

    I just wrote a memorandum of law about it ... I had to overcome 3 hurdles:
    1) separation of powers .. rules of houses/joint rules are made and ruled on only by the houses
    2) immunity of legislature and its members
    3) that speech and debate violations must be addressed in the legislature only

    Read your state constitution -- you'll see provisions like this under the legislature section of the constitution....
    Last edited by davidmcbeth; 02-07-2014 at 09:24 PM.

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    Quote Originally Posted by davidmcbeth View Post
    a court will not hear the case ... separation of powers
    So the constitution doesn't apply to the capitol? I find that hard to believe.

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    Quote Originally Posted by castiel View Post
    Then they're just setting themselves up to get sued, just like all the city mayors that have tried and failed to ban guns during meetings.
    Mayors are not protected by your constitution like the state assemblymen are .. sue away (they may have limited liability)
    Last edited by davidmcbeth; 02-07-2014 at 09:27 PM.

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    Quote Originally Posted by davidmcbeth View Post
    Mayors are not protected by your constitution like the state assemblymen are .. sue away (they may have limited liability)
    Mayors or legislators it doesn't matter. The law is with regards to public buildings. By your logic the legislature could vote on a house rule that bans freedom of speech and freedom of the press in the capitol and you're saying nobody would legally be able to challenge it?

    Your profile doesn't say where you live, so I have to ask: do you even live in NM?
    Last edited by castiel; 02-07-2014 at 09:39 PM.

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    What is to stop this from becoming introduced as a bill later, after the rule/resolution is passed?

    Best to have it defeated from the beginning, and not let it gain any foothold.

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