We can’t wait for Congress. NM Should act to prevent mass shooting now.

On Tuesday September 10, the Albuquerque Journal published my guest editorial and entitled it “We can’t wait for Congress. NM Should act to prevent mass shooting now”.
Below is the guest commentary in full with the Journal link followed by a postscript on additional legislation that should be enacted:

Congress refuses to enact reasonable and responsible gun control measures by banning all assault weapons.

In August there were 38 murdered, 78 injured by AR-style weapons: in El Paso, 22 murdered, 26 injured; in Odessa/Midland, seven murdered, 25 injured; in Dayton, nine murdered, 27 injured.

It could easily happen in Las Cruces, Albuquerque or Santa Fe, or any city in New Mexico during a public event such as the Balloon Fiesta or the New Mexico State Fair.

During the 2019 legislative session, laws mandating background checks on gun sales and a law prohibiting the possession of guns by convicted domestic abusers were passed (and) signed into law, but more needs to be done. Gov. (Michelle) Lujan Grisham’s Aug. 13 … Domestic Terrorism Summit was successful. After the summit, other major proposals were announced including:

1. Increase hate-crime penalties. The criminal penalty for those convicted of hate crimes would be increased. Currently, if a criminal defendant is proved to be motivated by the victim’s race, religion, age, gender or sexual orientation, the jail sentence can be enhanced by one year.

2. Expand the state’s mental health system. This has been a major priority of the governor given her longstanding positions on mental health over the years.

3. Create a new anti-terrorism law enforcement unit. This no doubt will be the responsibility of the Department of Homeland Security to implement and coordinate statewide law enforcement efforts.

4. Improve data-sharing about potential threats. The state Homeland Security and Emergency Management Department will start enrolling all 33 county sheriffs in a data-sharing program so individuals deemed a potential risk can be flagged and monitored.

5. Extending background checks on private gun sales to sellers of firearms.

Other legislative proposals that should be considered by the New Mexico Legislature to curtail domestic terrorism and gun violence include:

1. Repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote. There is no doubt such action would generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

2. Ban in New Mexico the manufacture, sale and distribution of semi-automatic firearms, AR-15 style rifles, assault weapons, semi-automatic pistols, semi-automatic shotguns and weapons to the general public.

3. Prohibit in New Mexico the sale of “ghost gun” 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.

4. 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.

6. Enact “red flag” legislation for a violence restraining order and allow for an “extreme risk protection process” to prohibit an individual deemed by a judge as posing a danger to themselves or others from purchasing or possessing firearms or ammunition and allow law local law enforcement to remove firearms and ammunition in the individual’s possession.

7. Expand restrictions on firearm possession by or transfer to a person subject to a domestic violence protection order or a person convicted of a domestic violence misdemeanor.

8. Allocate funding to the school systems and higher education institutions to “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.

Until Congress acts, there will be more mass shootings at soft targets such as schools, movie theaters, malls, department stores and major public events. The mass shootings will be followed by a cycle of news coverage, more outrage, more candlelight vigils, more funerals, more condolences, more rhetoric demanding action. In the end, nothing will be done by Congress with no ban of assault weapons.

New Mexico needs to act on its own before a mass shooting happens here.



Article II, Section 6 of the New Mexico Constitution entitled “Right to Bear Arms” states as follows:

“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.”

Because of Article II, Section 6 of the New Mexico Constitution, municipal and county governments arguably have limitations on their ability to prohibit firearms in government owned or operated facilities. Further, New Mexico has NO statutes prohibiting firearms in hospitals, places of worship, sports arenas gambling facilities or polling places although administrative regulations and orders may apply.

The New Mexico legislature should enact a statute prohibiting firearms to be carried in City and County buildings owned or operated facilities, hospitals, places of worship, sports arenas, gambling facilities and polling places.

SOURCE: https://lawcenter.giffords.org/local-authority-to-regulate-firearms-in-new-mexico/

For a related blog article on gun control laws see:

Three City Councilors Ignorant On Gun Control Laws And Grand Stand Before Election; NM Law And Court Rulings On Gun Control

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


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.