Gov. MLG Withdraws Involuntary Commitment Bill for July 18 Special Session; No Consensus On Any Legislation For Special Session Reflects Failed Leadership; Cancel Special Session; Governor and Legislature Should Regroup And Push For Enactment Of “Omnibus Violent Crime Sentencing Act And Gun Control Act” In 2025 Regular Session

On April 17, New Mexico Gov. Michelle Lujan Grisham announced she was calling state legislators into a Special Session starting July 18 with a focus on addressing public safety proposals.  On June 6, Governor Michelle Lujan Grisham’s Office outlined to the Court, Corrections and Justice Interim Committee five public-safety measures she wants legislators to address during the July 18 special session of the New Mexico legislature. Three of the measures are:

  1. A bill that would strengthen penalties for a felon convicted of possessing a firearm, making the crime a second-degree felony, punishable by a minimum of nine years in prison,
  2. A bill would to prohibit pedestrians from occupying highway medians, on-ramps, and
  3. A bill that would require law enforcement agencies to report certain monthly crime incident reports and ballistic information.

The remaining two measures relate to criminal competency laws and involuntary treatment for people with mental illness.  The two measures can be described as follows:

The first measure would make changes to the state’s criminal competency law. The bill would send criminal defendants who are found incompetent to stand trial to a mental health or behavioral health treatment program. Supporters say there are far too many suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets only to commit more crimes. It’s a bill designed to address in part the so-called “revolving door” where defendants are arrested only to be found incompetent to stand trial and then released The bill, which did not make it very far in the previous legislative session, was  at the top of the special session agenda. The legislation is intended to strengthen a 2016 law and a program originally signed into law by former Governor Susana Martinez that allows district judges to order involuntary treatment for people with severe mental illness who have frequent brushes with law enforcement. It involves a program called the “Assisted Outpatient Treatment” (AOT).

The second measure would expand a program that mandates involuntary treatment for people with mental illness. The bill is an assisted out-patient treatment bill proposal that would allow a judge to mandate out-patient treatment, including involuntarily commitments. It would allow individuals, whether first responders, family members or community members who work with mentally ill individuals on the streets to request involuntary out-patient treatment.

GOVERNOR MLG WITHDRAWS INVOLUNTARY COMMITMENT BILL FROM JULY 11 SPECIAL SESSION 

On June 27, Governor Michelle Lujan Grisham’s office announced she has scrapped the proposal to expand court-supervised outpatient treatment for people with mental illness for debate during the July 18 Special Session.

On June 26 a substitute proposal was presented to the Court, Corrections and Justice Interim Committee interim legislative committee that would broaden eligibility for someone who could be ordered by a judge into involuntary mental health treatment. Representative Andrea Reeb, R-Clovis, responded that a shortage of behavioral health treatment options is an underlying problem that makes any changes in law difficult to enforce.

Reeb is a prosecutor in the 9th Judicial District.  She recently had difficulty finding in-patient treatment for a serial arsonist in her district. Reeb said this after hearing the new proposal:

“We don’t really have any facilities in our area to treat anybody except as an outpatient. … You can divert people all you want to different things, but you don’t have places to send them”.

The bill the governor withdrew was intended to strengthen a 2016 law that allows district judges to order involuntary treatment for people with severe mental illness who have frequent brushes with law enforcement. It would have required each of the state’s 13 judicial districts to create a program called Assisted Outpatient Treatment overseen by a civil court judge.

Holly Agajanian, the governor’s chief general counsel, told lawmakers that the governor was responding to concerns from legislators that the AOT bill was a “big lift” for a special session.  Agajanian told members of the interim Courts, Corrections and Justice Committee this:

“What we’ve decided instead to do is condense the goals here. [The substitute measure will take] small, necessary steps to help those people who are either a true danger to themselves or an extreme danger to others

The Governor’s Office is proposing to broaden eligibility for involuntary commitment by tweaking definitions in existing law. The existing involuntary commitment law essentially limits commitment to people who are suicidal. The proposed change would broaden the definition of “harm to self” and “harm to others” to cover more people eligible for involuntary treatment.

Under the new definition, “harm to self” would include a person unable “to exercise self-control, judgment and discretion in the conduct of the person’s daily responsibilities and social relations” or “to satisfy the person’s need for nourishment, personal or medical care,” housing and personal safety.

The proposed definition of “harm to others” would cover a person who “has inflicted, attempted to inflict or threatened to inflict serious bodily harm on another” or has taken actions that create “a substantial risk of serious bodily harm to another.” Harm to others could also apply to someone who has engaged in “extreme destruction of property” in the recent past.

The governor has also proposed a criminal competency bill that would place certain requirements on judges and prosecutors when a criminal defendant is found incompetent to stand trial and charges are dismissed. The proposed bill would require district attorneys to file a petition seeking involuntary civil commitment for certain criminal defendants who are found incompetent to stand trial. The requirement would apply to people charged with serious violent felonies or crimes that involve the use of a firearm. It would also apply to people who had been found incompetent to stand trial at least twice before. Judges would be required to order the person jailed for up to seven days while a petition for involuntary commitment is filed.

https://www.abqjournal.com/news/governor-pulls-bill-to-expand-involuntary-treatment/article_bc1fa51a-34df-11ef-ae36-4f7a022267af.html

https://www.petedinelli.com/2024/06/14/republican-legislative-leaders-slam-gov-mlgs-proposal-to-strengthen-supervised-outpatient-treatment-program-for-people-with-severe-mental-illness-as-undoable-in-special-ses/

NEED FOR SPECIAL SESSION CALLED INTO QUESTION

During a meeting of the Court, Corrections and Justice Interim Committee both Democrats and Republicans asked why a special session was needed to be called for legislation that they believed could or should be addressed during a regular session of the legislature.  Even Democrats took issue with Governor Lujan Grisham’s special session proposals.

Mesilla Democrat State Representative Micaela Lara Cadena said it was hard for her not to feel that the Governor’s proposals are more about “political wins.”  Cadena said this:

“I was part of tabling or not passing bills my good friend Representative (Bill) Rehm brought. We put them in the dumpster and now we’re slapping some Democrat’s names on them and plagiarizing Representative Rehm here….Folks have been trying to have these conversations for a long time now and very quickly in a short summer we have to go because New Mexico is in crisis?”

Several members of the committee expressed concern about the portion of the assisted out-patient treatment program proposal that would allow individuals who have a relationship with the individual suffering mental health problems to seek a process by which the individual could be placed into treatment involuntarily.

Albuquerque Democrat State Senator Antoinette Sedillo Lopez, a licensed New Mexico attorney, said she was worried the mandatory mental health commitment law changes could violate an individual’s constitutional rights.

Albuquerque Democrat State Senator Katy Duhigg said she didn’t feel she had been presented with “great data that this is a solution that solves this problem and that is data I’d want to see before passing this legislation.” Duhigg said she found data from other countries with a quick online search that suggests that involuntary mental health treatment could lead to worse outcomes, rather than better ones. Duhigg asked why the state needed legislative changes in order to establish the assisted outpatient treatment program in every county. In response The Governor’s Chief General Counsel Holly Agajanian said this in response:

“I have to go back to the fact that I don’t suggest that they don’t have the authority to do it on their own. I’m suggesting, it hasn’t been done. We need to require it.”

New Mexico State Representative Christine Chandler, District 23 represents Los Alamos, Sandoval & Santa Fe counties. She chairs the House Courts, Corrections and Justice Committee. Representative Chandler said this about the Special Session:

“I wouldn’t call it optimism, I think maybe you might say people are hopeful we’ll have a productive session. …. You’ll see from our agenda that we’re definitely putting in the work. I am approaching it, and I think my colleagues are approaching it in good faith, and with a willingness to try to resolve the issues.”

Chandler asked if the legislature would be mandating that the judicial branch set up these assisted outpatient treatment programs.  Agajanian said the proposal breaks up the areas for the treatment programs based on the judicial boundaries of the state court system because those are smaller than regional boundaries and that would make it easier for an officer to take an individual suffering mental health problems to treatment rather than to jail.  Agajanian also said the court would have a memorandum of understanding with the county and either Medicaid, private insurance or indigent funds would pay for the treatment.

NO TREATMENT FACILITIES MAKES IT COMPLICATED

Chandler said the Assisted Outpatient Treatment measure expanding the program and allowing involuntary treatment for people with mental illness is by far the most complex measure.  She noted the original law took three years to pass, and now Governor Lujan Grishma is asking state lawmakers to make significant changes to the law in just a few weeks.  She noted there is also the looming issue when it comes to behavioral health treatment in New Mexico itself.

Representative Chandler said this:

“[The legislation] is aimed at providing an avenue for people who are concerned about individuals with serious mental illness. … I believe the governor is interested in maybe loosening it up a little bit, so that it will be easier to encourage them and require them to get treatment. It’s not a voluntary program, it is requiring these individuals who meet the criteria to get treatment. … The concern of many of us, me included, is that we can set up these laws, you know, we can work very hard to make the best possible law that we can. But if there aren’t the behavioral health resources and professionals to assist these people, it’s all for naught.”

Chandler said state lawmakers seems to understand the governor’s motivations to expand behavioral health resources, and they are giving it their best effort, but she’s not fully confident it’ll get done during the special session. She said this:

“I would hate to think there would be no bills, but there certainly is that possibility. …  I don’t think it will be, you know, all the time will be wasted, because I think we’ll have some good discussions that will lay the groundwork for the 60 day.”

Chandler said the committee will meet again at least twice before the special session begins.

https://www.kob.com/new-mexico/legislators-prepare-to-tackle-complex-public-safety-proposals-during-special-session/

REPUBLICAN LEADERS VOICE OPPOSITION

On Monday, June 10, three Republican House leaders sent a letter to Governor Michelle Lujan Grisham criticizing her decision to make changes and strengthen behavioral health legislation in a special session calling the legislation too complex for a Special Session.

In a letter signed by House Republican Leader Rod Montoya, House Republican Whip Alan Martinez and Republican Caucus Chair Gail Armstrong they call the governor’s plan “undoable.”  The Republican leadership in the letter tell the Governor:

“Making such major changes to these highly complex systems during a two- or three-day special session is simply not good public policy and will undoubtedly result in many unintended consequences due to the lack of needed consideration and debate.”

The Republican lawmakers criticize what they describe as a lack of analysis of the cost of the proposals and “no apparent plan as to how many behavioral health service providers will be needed.”  They also questioned the need to revise existing statutes.

THE VIOLENT CRIME CRISIS IN NEW MEXICO IS REAL

There is no doubt that New Mexico is indeed in the midst of a violent crime crisis. The statistics bear this out.

According to the Rand Corp. think tank, New Mexico’s firearm ownership and fatality rates are among the nation’s highest. Over 37% of adults in the state lived in a household with a firearm which is 5% higher than the national average

On September 28, 2023, the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.”  The report spans the time period from 1999 to 2023. The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report are as follows:

INCREASE IN FIREARM-RELATED DEATHS

  • Over the past two decades, New Mexico’s firearm death rates rose from seventh highest nationwide in 1999 to third highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
  • While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

DEMOGRAPHIC AND GEOGRAPHIC DISPARITIES

  • Men of all age groups were found to be at highest risk for firearm-related injuries and deaths.
  • Racial/ethnic inequities: Non-Hispanic American Indian, Non-Hispanic Blacks, and Hispanics, experienced substantial increases in firearm injury death rates between 2017 and 2021.
  • The Northeast and Metro Health Regions experienced a substantial increase in firearm injury emergency department (ED) visits over the past two years (Northeast: +30%; Metro: +22%).

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

Between 2019 and 2022, there was a 16% increase of patients being admitted to intensive care and a 61% increase in patients being transferred from ED to the operating room

SIGNIFICANT INCREASE IN ALCOHOL AND SUBSTANCE USE CONTRIBUTING TO INCREASED FIREARMS DEATHS

  • Between 2019 and 2020, there was an 89% increase in alcohol dependence for homicides involving firearms. Additionally, from 2018 to 2020, there was a 475% increase non-alcoholic substance dependence for homicides involving a firearm.
  • Between 2018 and 2020, there was an 85% increase in alcohol dependence and a 120% increase in non-alcoholic substance abuse for suicides involving a firearm.

LOADED AND UNLOADED FIREARMS AS  RISK FACTOR FOR FIREARM INJURY AND DEATH

  • In 2022, 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
  • In 2022, households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm.

RISING ECONOMIC IMPACT OF FIREARM INJURY TO NEW MEXICO HEALTHCARE SYSTEM

  • The annual estimated overall cost of firearms injuries and deaths in New Mexico is $6 billion or $2818 per capita.
  • Medicaid claims for firearm injuries in New Mexico increased by 85% from $6.5 million in 2018 to $12 million in 2022 (Figure 12).
  • Between January 2023 and September 2023, Medicaid expenditures totaling $5.6 million have been spent on firearm injuries in New Mexico.
  • Medicaid was the primary payer for 76% of gun injury hospital discharges in 2022 In 2021, the Department of Health with support of the CDC, developed a Statewide Strategic Plan for the Prevention of Firearm Injury (FASTER Report FINAL (unm.edu)) which is an important supplement to this document. Demographic Data on Firearm Injury.

 HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

Gunshot injuries have wide-ranging and severe implications on individual well-being, often necessitating immediate and extensive medical care. Delving into the healthcare outcomes for gunshot victims reveals a concerning picture:

SEVERITY OF INJURIES

  • Between 2019 and 2022, the number of patients in New Mexico’s trauma centers with firearm injuries has increased by 39%.
  • The number of trauma center patients with firearm injuries being discharged from the ED to the intensive care unit has increased by 16%
  • There has been a concerning 61% increase in gunshot injuries that required surgical interventions
  • New Mexico ranked seventh highest in the U.S. in 1999 and 2011. The rank increased to third highest in the U.S. in 2021
  • New Mexico has consistently had a larger age adjusted1 firearm death rate than the rest of the country. Moreover, the age adjusted firearm injury death rate for New Mexico has also increased at a higher rate compared to the U.S. For example, New Mexico’s firearm injury death rate was 48% higher than the U.S. in 2010, compared to being 90% higher in 2021.

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020:

TYPE OF FIREARM IN DEATHS

  • Handguns were implicated in 77% of violent firearm-related deaths (Figure 6).
  • Rifles and shotguns were involved in 7% and 6% of such incidents,

COMMON FIREARM MANUFACTURERS IN DEATHS

  • An unknown manufacturer was noted in 61% of cases of the New Mexico National Violent Death Reporting System (NM VDRS) pooled data from 2018 to 2020.
  • Smith & Wesson firearms were linked to 8% of violent deaths, followed by Ruger (6%), Glocks (5%), and Taurus (4%).

AMMUNITION CALIBERS IN VIOLENT DEATHS

  • The 9-millimeter (mm) caliber was the most prevalent, associated with 25% of violent firearm deaths. PAGE 7
  • Other notable calibers included .38 (10%), .22 (9%), .45 (8%), and .40 (7%)

NUMBER OF VIOLENT CRIMES IN NEW MEXICO

According to FBI statistics, the number of violent crimes in New Mexico for the last 11 years has been reported as follows:

  •  2012: 11,660
  • 2013: 12,990
  • 2014: 12,465
  • 2015: 13,672
  • 2016: 14,585
  • 2017: 16,300
  • 2018: 17,637
  • 2019: 17,302
  • 2020: 16,393
  • 2021: 17,373
  • 2022: 16,494

According to data released by the New Mexico Department of Health and the Centers for Disease Control and Prevention, from 2010 to 2021, the age-adjusted death rate from firearms rose by 87%. In the same time span, New Mexico rose from the 7th to the 3rd highest rate of firearm deaths in the country.

Overall, there was a 34% increase in overall firearm fatalities from 2018 to 2021, with a 70% increase in homicides with a firearm in the same time period.

Not only has death from firearms in New Mexico increased, but so have injuries related to firearms. From 2018 to 2022, the rate of people visiting the emergency room from firearm related injuries rose 35%.

According to the latest stats from the FBI, there were 11,550 instances of shoplifting In New Mexico. It’s a trend that’s been increasing since 2018.

JUVENILE CRIME

Crime within the juvenile population has been the subject of recent news reports where  it is being said crime among the juvenile population is rising. However, the data that is available doesn’t paint a clear picture one way or another. From 2018 through 2022, there was a steady DECLINE in the number of children referred to juvenile justice services. 80% of those each year were delinquent referrals, meaning it was a crime committed under the law if committed by an adult.

While the trend of juvenile referrals has fallen, so have the number of referrals for detention.  In 2018, there were 3,012 children referred for detention. That number fell to 1,185 in 2022. But that doesn’t paint the whole picture. While the total number of referrals has fallen, the percentage of referrals approved for detention has risen.

Despite the downward trend of juvenile justice referrals, crime amongst juveniles was a focus of the governor following the issuance of the public health order in 2023. Since Sept. 2023, 160 juveniles have been detained where a gun was present. Each month since the governor’s directed focus on juvenile crime, the number of juveniles detained has fallen.

https://www.koat.com/article/new-mexico-crime-stats-town-hall/60513537

FIREARM INJURY – EMERGENCY ROOM VISITS

Emergency room firearms injuries are on the uptick in New Mexico  and are reported as follows for 5 years of available data:

  • 2018: 968
  • 2019: 914
  • 2020: 1,129
  • 2021: 1,263
  • 2022: 1,306

 https://www.koat.com/article/new-mexico-crime-stats-town-hall/60513537

Following the death of a child near Isotopes Park in 2023, Governor Michelle Lujan Grisham issued a public health order that was aimed to reduce gun violence. Data released by governors office from September 2023 – March 2024:

  • TOTAL ARRESTS: 7,649

FELONY ARRESTS: 4,701 (61.46%)

MISDEMEANOR ARRESTS/ WARRANTS:  2,948 (38.54%)

  • FIREARMS SEIZED: 614
  • TRAFFIC CITATIONS: 9,669

COMMENTARY AND ANALYSIS

It is extremely disappointing that since April 17 when Governor Michelle Lujan Grisham called for a special session, and with just 10 days before the July 18 Special Session, that the Governor and the New Mexico legislature leadership have failed to come to any consensus whatsoever on substantive public safety legislation for quick enactment by the legislature on July 18. The failure is a reflection of failed leadership.  The Governor’s proposed changes to the state’s mental health laws have some merit. However, to be perfectly blunt, the measures fall very short on actually accomplishing much when it comes to public safety given the fact the state is seriously deficient when it comes to mental health care facilities and mental health professionals and her mental health care proposals contain nothing with respect to funding.

WITHDRAW OTHER 3 MEASURES ON SPECIAL SESSION AGENDA

There are 3 other measures that the Governor wants the Specials Session to enact apart from the mental health proposals.  All three of those measures are leftovers from the 2024 legislative session.  The 3 additional measures proposed by the Governor are ones that cannot be consider as a having a real sense of urgency and for that reason alone  she should withdraw those measures.  All 3 should be handled in the regular session for the following reasons:

The bill that would strengthen penalties for a felon convicted of possessing a firearm, making the crime a second-degree felony, punishable by a minimum of nine years in prison is one that standing alone will not make that much of a difference.  During the Governors tenure, the legislature has in fact increased felony criminal penalties  upwards of 6 times.

The bill to prohibit pedestrians from occupying highway medians, on-ramps and exit ramps is directed at the unhoused and panhandling in general and  is an exercise in futility. Such laws are difficult to enforce and law enforcement needs to concentrate on far more serious crime. Albuquerque has enacted such an ordinance, as has other communities, and it goes unenforced as panhandlers and the unhoused continue to occupy medians and on ramps and as the ACLU is successfully challenge  the laws in court as being unconstitutional.

The bill that would require law enforcement agencies to report certain monthly crime incident reports and ballistic information could likely be accomplished by executive orders and does not necessarily need legislation. Better cooperation between law enforcement is what is needed.

OMNIBUS GUN CONTROL AND VIOLENT CRIME SENTENCING ACT

Without any consensus on any legislation, the July 18 Special Session will be a waste of time and taxpayer funding and for that matter somewhat of an embarrassment for both the Governor and the New Mexico Legislature. Governor Michelle Lujan Grisham should concede to reality that the legislature is not at all interested in cooperating with her and cancel the July 18 Special Session.

If Governor Lujan Grisham and the New Mexico Legislature are truly concerned about the New Mexico’s violent crime crisis, both need to regroup and take and even more aggressive approach as they prepare for the 2025 New Mexico legislative session. They should take the next 6 months and work on building a consensus on the enactment of “Omnibus Violent Crime Sentencing And Gun Control Act.”

The message that must be sent out loud and clear by our elected officials to violent criminals is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with enhanced sentencings. Also, the availability and proliferation of guns must be recognized as a big part of the states violent crime problem.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

As was originally proposed for the Special Session, strengthen penalties for a felon convicted of possessing a firearm, making the crime a second-degree felony, punishable by a minimum of nine years in prison.

As was originally proposed for the Special Session, enact the changes proposed to the mental health commitment process, but include funding for mental health facilities and  services.

Allow firearm offenses used in a drug crimes to be charged separately with enhance sentences.

Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.

Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.

Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is brandishing  of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years

Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.

Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first-degree felony mandating a life sentence.

Update the Children’s Code to deal with charges, increasing penalties and prosecutions of minors as adults as consequences of children using firearms in the commission of violent crimes and aggravated assaults with use of deadly weapon.

Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include the the legislation that failed in the 2023 legislative session including an assault weapons ban lawfully regulating the manufacture, possession and sale of weapons of war, most often the gun used in mass casualty events and  prohibiting guns in parks and playgrounds making  it illegal to carry a firearm in county or municipal parks, playgrounds, and their accompanying parking lots.

Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others?

Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a second-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.

Prohibited magazines with more than 10 rounds.

Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.

Expand the  14-day waiting period for the purchase of any firearm and requiring  a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.

Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.

Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.

Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.

Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

CONCLUSION

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enact reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase and calling Special Sessions a waste of time.

 

This entry was posted in Opinions by . Bookmark the permalink.

About

Pete Dinelli was born and raised in Albuquerque, New Mexico. He is of Italian and Hispanic descent. He is a 1970 graduate of Del Norte High School, a 1974 graduate of Eastern New Mexico University with a Bachelor's Degree in Business Administration and a 1977 graduate of St. Mary's School of Law, San Antonio, Texas. Pete has a 40 year history of community involvement and service as an elected and appointed official and as a practicing attorney in Albuquerque. Pete and his wife Betty Case Dinelli have been married since 1984 and they have two adult sons, Mark, who is an attorney and George, who is an Emergency Medical Technician (EMT). Pete has been a licensed New Mexico attorney since 1978. Pete has over 27 years of municipal and state government service. Pete’s service to Albuquerque has been extensive. He has been an elected Albuquerque City Councilor, serving as Vice President. He has served as a Worker’s Compensation Judge with Statewide jurisdiction. Pete has been a prosecutor for 15 years and has served as a Bernalillo County Chief Deputy District Attorney, as an Assistant Attorney General and Assistant District Attorney and as a Deputy City Attorney. For eight years, Pete was employed with the City of Albuquerque both as a Deputy City Attorney and Chief Public Safety Officer overseeing the city departments of police, fire, 911 emergency call center and the emergency operations center. While with the City of Albuquerque Legal Department, Pete served as Director of the Safe City Strike Force and Interim Director of the 911 Emergency Operations Center. Pete’s community involvement includes being a past President of the Albuquerque Kiwanis Club, past President of the Our Lady of Fatima School Board, and Board of Directors of the Albuquerque Museum Foundation.