ALBUQUERQUE, N.M. — New Mexico Attorney General Raúl Torrez called upon state lawmakers to consider amending the 'Red Flag' law in an effort to enhance public safety, particularly concerning individuals grappling with severe mental health issues or displaying dangerous behavior. In a move to bolster the state's existing law, Torrez also extended an offer to law enforcement agencies statewide, providing training to officers on the intricacies of the current Red Flag law and how they can assist individuals concerned about potentially armed and dangerous individuals.
The ”Red Flag” law, gives the law enforcement agencies the authority to confiscate individual citizen’s firearms if a court of law considers the firearm owner a threat to the community or to themselves. Cibola County passed a resolution in 2019, declaring the county a “Second Amendment Sanctuary County.” Since then, Cibola has changed sheriffs – the chief law enforcement officer for the county – but even the current Sheriff Larry Diaz has said he would not uphold these laws as he views them an infringement on the Second Amendment to the United States Constitution which protects individual rights to own and bear firearms.
'Most mass shootings in this country, including the most recent event in Lewiston, Maine, involve someone who is exhibiting signs of severe mental illness and threatening violence,' Attorney General Torrez asserted. 'Far too often, we hear from family, friends, and coworkers that they were concerned that someone was armed and dangerous, but they didn't know what steps to take or what the law allows. We are fortunate to have the Red Flag law in New Mexico, which allows us to take guns out of the hands of dangerous people, but we need to do more to both strengthen the law and train law enforcement personnel on how it can be used.'
Drawing upon an analysis of Red Flag laws in various jurisdictions across the country, Torrez put forth specific recommendations for the upcoming legislative session: Immediate Surrender & Search Authority: Under current law, a judge must determine that the respondent poses a significant danger of causing imminent personal injury to themselves or others. However, the law relies on voluntary firearm relinquishment by the individual, provides the respondent with 48 hours to comply after service of the order, does not allow for a search of the respondent's residence, and enforces noncompliance with only a misdemeanor charge. Torrez proposed that New Mexico consider adopting measures observed in many other jurisdictions, which include immediate relinquishment and grant law enforcement the authority to conduct searches to verify the absence of firearms in the individual's residence.
Expanding the Definition of A Reporting Party & Protecting Their Identity: Torrez pointed out that the current law does not explicitly include law enforcement officers or medical professionals in the definition of a 'reporting party.' This ambiguity has led to at least one judge's finding that police officers cannot serve as the reporting party. Additionally, the Red Flag law lacks provisions for sealing or redacting a reporting party's name or contact information, which could deter individuals from reporting potentially dangerous individuals out of fear of retaliation. Torrez recommended aligning New Mexico with other jurisdictions that allow police officers to initiate proceedings independently and include medical professionals as reporting parties. He also suggested implementing safeguards to protect the identities of reporting parties by sealing or redacting documents during the emergency or temporary injunction phases of proceedings until firearms have been seized.
Aligning Other Laws to Trigger Law Enforcement Referrals: Federal law prohibits firearm possession by individuals 'adjudicated as a mental defective,' requiring notification to the FBI. New Mexico has instituted measures to notify the FBI of relevant state court findings but falls short by not mandating firearm relinquishment. Torrez suggested amending the law to allow judges to refer similar matters to law enforcement for assessment on whether to file a petition for an Extreme Risk Firearm Protection Order (ERFPO).
'These are commonsense fixes to a gun safety framework that both respects the Second Amendment right to keep and bear arms while also protecting society from individuals suffering from serious mental health issues or exhibiting dangerous behavior. It is a reasonable and balanced response to the gun violence epidemic in this county, and I urge the legislature to give it serious consideration,' Torrez urged.
On November 7, a letter was dispatched to law enforcement agencies across the state, encouraging them to schedule training sessions, which will be provided by the Attorney General's team of prosecutors, to better equip officers with the knowledge and skills necessary to navigate the Red Flag law effectively.
Torrez's proposals come amid a broader national discussion on gun control and public safety measures in response to the ongoing issue of gun violence in the United States