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Thread: What a load of crap

  1. #1
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    Angry What a load of crap

    Just this in the news they want to ban guns in the roundhouse because those Morons from the occupy group invaded a political party yet there was not firearms involved but this idiot said

    Sen. Dede Feldman, D - Albuquerque, is proposing a rule change that would bar anyone except law enforcement from bringing guns onto the Senate floor or into its chambers or committee rooms.

    "Last year in my own committee we had some very tense moments with folks that were upset about the outcome of a vote," Feldman said. "I would have been very endangered had they had firearms, which they are now perfectly entitled to do in the New Mexico Senate."

    And yes this idiot is a dumocrap here is a link to the news story

    http://www.krqe.com/dpp/news/politic...curity-reforms
    Last edited by RogueAussie; 02-02-2012 at 11:41 PM. Reason: words
    A gun Owner Is A Citizen
    Anyone Else is a Subject

  2. #2
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    Yet another moron legislator who doesn't understand his own state's constitution. I hate these idiots.

  3. #3
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    No surprise to me that these people haven't even read the NM constitution.

  4. #4
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    That idiot doesn't understand OWS has no guns, just hypodermic needles, bongs, gas and lighters. Any guys or gals in the room packing, would have been protecting him.

  5. #5
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    Send her an email. I just did.

    dede.feldman@nmlegis.gov

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    After thinking about it for a little while I don't know why they wouldn't be able to pass something similar to "30-7-2.1. Unlawful carrying of a deadly weapon on school premises." but instead make it say "Unlawful carrying of a deadly weapon in Senate chambers" or something similar. The constitution only mentions munincipalities not having authority to regulate the right to bear arms. What am I missing?

  7. #7
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    The state supreme court has ruled on the issue.

    In Baca v. New Mexico Dept. of Public Safety, 2002-NMSC-017, 132 N.M. 282, 47 P.3d 441, the Supreme Court of New Mexico held that New Mexico Statutes Annotated § 29-18-11(D), subsequently repealed, which delegated authority to local governments to disallow the carrying of concealed handguns, violated article II, § 6. Baca, 2002-NMSC-017, 13, 132 N.M. 282, 47 P.3d 441. According to the supreme court, article II, § 6 indicates the state’s intent to have uniform firearms regulation throughout the state, rather than piecemeal local regulation. Baca, 2002-NMSC-017, 6, 132 N.M. 282, 47 P.3d 441. The court concluded that the manner in which a person bears a weapon is an "incident of the right to bear arms" under article II, § 6. Baca, 2002-NMSC-017, 7, 132 N.M. 282, 47 P.3d 441.

    In my opinion, the constitution itself would have to be modified to allow for any exceptions. That's not going to happen.

  8. #8
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    So how is it that they have banned guns in schools, preschools, universities, buses, state parks, and courts?

    Schools themselves wouldn't be able to regulate guns due to the constitution but the legislature passed a law doing so. As long as the city of Santa Fe isn't the one banning guns then how is this any different?

  9. #9
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    Thoughts:

    The current restricted areas are consistent state-wide.

    As far as how and when these locations were determined- it was made on a state level, not a local level.

    I think it would be different if there were a proposal to ban guns in all state locations, and then if that was accepted and voted on by the entire state approval process.

  10. #10
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    But in this case there is only one senate building in the whole state so they would technically be doing it on a state, not local level?

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    In my opinion a state building is a state building, no matter what it is used for.

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    I think if they actually proposed and passed a bill they would be able to legally do it. Just hanging a sign on the door right now is illegal though

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    Let's just hope it doesn't come down to that. The article quoted some other legislator as saying he didn't think such measures were necessary.

    The boring, thoughtless line of reasoning of "OMG what if they had guns! Let's ban them!" gets tiresome. That woman probably just wants to make a name for herself, which should never be a motivating factor in legislation but becomes one all too often.

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    Sen Feldman is one of our most outspoken anti-firearms legislators. She chairs one of the committees we are always referred to.

    She has proposed a Senate Resolution:
    http://www.nmlegis.gov/Sessions/12%2...enate/SR01.pdf

    It is highly unlikely it will get legs but if it somehow does, it will be declared unconstitutional.

    Steve Aikens

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    Quote Originally Posted by steveaikens View Post
    Sen Feldman is one of our most outspoken anti-firearms legislators. She chairs one of the committees we are always referred to.

    She has proposed a Senate Resolution:
    http://www.nmlegis.gov/Sessions/12%2...enate/SR01.pdf

    It is highly unlikely it will get legs but if it somehow does, it will be declared unconstitutional.

    Steve Aikens
    Steve can you clarify why it is that the current bans aren't unconstitutional? Or are they and just have never been challenged?

  16. #16
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    I'll try to help but am not sure what the question is. NM is not a preemption state. In other words, the law applies - as written - throughout the state. It takes a change in the law or a promolgated change to the administrative code to create a new restriction in gov. owned properties.

    Sec. 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. (As
    amended November 2, 1971 and November
    2, 1986.)

    Is that what you're asking?

    As to her SR 01 - it's dead. http://www.nmlegis.gov/lcs/_session....gNo=01&year=12

    Refered to Senate Rules and Senate Jud. - no chance it's getting heard in Judiciary.

    Steve Aikens
    Last edited by steveaikens; 02-07-2012 at 02:28 PM.

  17. #17
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    Just an FYI. I was asked privately what my thoughts were on exactly why Sen. Feldman filed this. Perhaps it's a good idea to tell everyone.

    You may have heard that there were some protestors in Santa Fe last week and in one instance, a Sen was injured. During that time, someone decided it was a good idea to sit in a committee hearing while open carrying. It's not.

    At any rate, when a complaint was filed and the Capitol Police asked the person to leave and disarm or conceal his firearm before coming back in, he 'was not co-operative', demanding his rights.

    We have a tough enough time trying to keep as low a profile as possible while quietly [when possible] moving bills that improve our firearms law forward. The state capitol is not the place to force something with these kinds of displays as they have a tendency to backfire and damage our ability to make positive changes.

    Right now, all that can be done is a Resolution. That isn't the problem. The problem is during the long session next year when we have serious work to do, it's already being derailed because we now expect to see this Resolution become a bill we have to fight. As a Resolution, we don't believe it has teeth. As a bill to change the law - it does.

    Steve Aikens

  18. #18
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    Steve,

    My question was why would a law against guns in the Senate be ruled unconstitutional but the current laws against guns in buses, state parks, courts, and liquor stores aren't unconstitutional?

  19. #19
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    Ok, gotcha. A Statute could be passed that would be legal. What she has proposed now would not.

    Senate resolutions are used to express nonbinding positions of the Senate or to deal with the Senate's internal affairs, such as the creation of a special committee. They do not require action by the House of Representatives and do not have the force of law.

    A Statute is created by passing a bill in both chambers then it is forwarded to the Governor and become a Statute [the law] after the Governor signs it and only on and after the specified date of enactment in the bill.

    Steve Aikens

  20. #20
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    Feldman No Longer

    Sen. Dede Feldman, D-Albuquerque, a leading liberal voice in the Senate, announced Friday she won't run for another term. Feldman, first elected in 1996 and chairwoman of the Senate Public Affairs Committee, was the third senator in less than a week to make such an announcement.

    Steve Aikens

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