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New Mexico Turns to People to Overturn Anti-Second Amendment Law

Second Amendment


New Mexico Take Action

U.S.A. -(Ammoland.com)- New Mexico Second Amendment supporters are doing more than passing Second Amendment sanctuary resolutions. The New Mexico Republicans are leading a movement to repeal the offending law using the power of the people.

New Mexico has a provision in its Constitution, rather similar to that in Switzerland. If the legislature passes a law offensive to the people, they can demand a referendum be held. If the law is not approved of in the referendum, the law is annulled. The Republican party in the New Mexico House released this notice: From nmhousegop.com:

Santa Fe – House Republicans joined New Mexico’s Sheriffs to begin the process of overturning radical anti-2nd Amendment laws on Thursday. Joining thousands of New Mexicans who rallied against anti-2nd Amendment bills across the state, House Republicans announced they will begin the formal process to annul Senate Bill 8.

Under the New Mexico Constitution, the people have the power to “disapprove, suspend and annul” laws enacted by the Legislature. The process begins with a petition of New Mexico voters and requires several different actions depending on the number of signatures. The number of required signatures is based on the voters who cast a ballot in the 2018 General Election and actions to be taken include:

1. If 10% of voters sign a petition, the law is placed on the ballot for approval or rejection of all voters. 

2. If 25% of the voters sign the petition within 90 days after adjournment of the session, the law is immediately suspended and it is placed on the ballot for approval or rejection of all voters.

“The response to this bill and others like it all around New Mexico is unprecedented, and we need to listen to the people,” said House Republican Leader Rep. Jim Townsend (R-Artesia). “What is happening in Santa Fe does not reflect what an overwhelming number of New Mexicans want, so we’re going to make sure they are heard.”

“New Mexicans in 25 counties have made it clear that they do not support restrictions on their 2nd Amendment rights,” said House Republican Whip Rod Montoya (R-Farmington). “Clearly Santa Fe is out of touch …This is not my New Mexico.”

Rep. Townsend sent a letter to the Secretary of State requesting the petitions for Senate Bill 8. The petitions will then be circulated across New Mexico for signatures.

A similar situation occurred in Colorado, where elected officials were recalled after voting for an anti-Second Amendment  bill. Referendum such as in New Mexico are considerably more effective as they target the offending legislation directly.

This sort of referendum is specific. It has an excellent chance of passage. It has been used in Switzerland for over a hundred years to limit and prevent the overreach of governmental power.

25% of voters from the last election would have to be collected within 90 days after the adjournment of the legislature, to suspend the bill until the next election. The legislature is expected to adjourn on March 16, 2019.  The deadline would be about June 14th.

10% of the voters from the last election would have to be collected by four months before the next general election, which would be in November of 2020. That would give the collectors about a year and three months to collect the signatures.

According to Ballotopedia, 175,412 signatures would be necessary for 25% of the previous election; 70,165 for 10% of the voters.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.



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