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Thread: Open carry NM state fair Governor letter

  1. #1
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    Open carry NM state fair Governor letter

    I am wanting to encourage everyone to go to the Governor's office and to politely write a letter asking for your constitutional rights to be protected. Here is the letter I just sent:

    I am writing about the NM state fair, and is illegal denial of access for open and concealed carry citizens upon the grounds. After some fellow citizen did some research, it has come to our attention, through the Bernalillo County Assessor’s Office Karen Montano that this is in fact state owned property, and not private, which is being used as an excuse to ban the lawful carrying of firearms upon the State Fair Grounds. Here is some exerts from letter sent to fellow Open carry members. "Mr. Barrie, Thank you for your inquiry. The property located at 300 San Pedro NE (UPC #101805739637410121) is currently receiving a state exemption further identified as section 7-36-7 NMSA 1978 NM Constitution Article VIII Sec. 3. Please contact me if I can be of further assistance. Thank you, Karen Montano Bernalillo County Assessor’s Office 505-222-3721" From what we understand this is the law upon the property: "Now, NMSA §7-36-7 exempts from taxation in New Mexico "property exempt from taxation under the federal or state constitution, federal law, the Property Tax Code or other laws...." The section as a whole speaks to property exempt under law, or as either oil & gas property or productive mineral property. Art. VIII, Sec. 3 of the New Mexico State Constitution says: “The property of the United States, the state and all counties, towns, cities and school districts and other municipal corporations, public libraries, community ditches and all laterals thereof, all church property not used for commercial purposes, all property used for educational or charitable purposes, all cemeteries not used or held for private or corporate profit and all bonds of the state of New Mexico, and of the counties, municipalities and districts thereof shall be exempt from taxation.” " We believe that as such, NM state fair grounds is in fact public property, and they can not legally ban guns from the entire premises. I personally believe that they are also violating NM constitution Article 2, section 4 "Inherent Rights All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness." Article 2 section 6 "Right to Bear Arms 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." The management at the state fair are clearly violating our rights to bear arms under the NM constitution, and under the US 2nd Amendment. I am requesting that the Honorable Governor Mrs Susana Martinez protect our constitutional rights, and to make necessary contact with those in charge of the NM state fair to "educate" and to "enforce" NM constitutional law upon them. Thank you for your time.

  2. #2
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    Letter to state fair officials

    To whom it may concern, I am writing this because it has come to our attention that the NM state fair is violating NM citizens constitutional rights to bear arms, on said property. About a year ago, I had contacted your office concerning this, and was misinformed that it was "private property", which was used as an excuse to ban firearms on the property. After doing a records request, it is clear that it is in fact public property. "Thank you for your inquiry. The property located at 300 San Pedro NE (UPC #101805739637410121) is currently receiving a state exemption further identified as section 7-36-7 NMSA 1978 NM Constitution Article VIII Sec. 3. Please contact me if I can be of further assistance. Thank you, Karen Montano Bernalillo County Assessor’s Office 505-222-3721" Under that statute, it is clear that it is public property.

    Therefore, you are violating NM constitution article 2, section 4 concerning right to OBTAIN SAFETY

    "Inherent Rights All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness."

    and article 2, section 6 "Right to Bear Arms

    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."

    I can understand, and even support that your wish to prohibit firearms upon the rides, or in the zoned off alcohol beverage seller locations that are prohibited under state law, to both firearms and to children, but the blanket ban on firearms upon the NM State grounds is clearly illegal and unconstitutional. I certainly hope that you will fix this immediately, and respect the civil rights of citizens of New Mexico.

    Your wishes for this to "go away" will not happen, until you comply with NM state law! Thank you for your time.

  3. #3
    Regular Member wabbit's Avatar
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    OP i believe your intentions are well meaning as well as undoubtedly needed, but perhaps, just perhaps, blaming the state fair property, in and of itself, for violating our ability to OC/CC instead of those who are in charge of the state fair's policies might have been a better tactic.

    your last comment about the threat of this won't go away, is moot as those in charge of policy will simply ignore the mail.

    now an organized show and tell outside the fair grounds w/news cameras might provide enough push to bring it to those power brokers attention to make changes that are needed to bring their policies into appropriate guidance.

    wabbit

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