New Mexico Governor Michelle Lujan Grisham signed an anti-gun violence measure into law Tuesday. Known as a “red flag law,” the legislation seeks to reduce suicides and mass shootings by taking the weapons of individuals who are suspected of being a danger to themselves or a danger to others.
The Extreme Risk Firearm Protection Order Act allows police and law enforcement officials to confiscate weapons of potentially dangerous persons. After the weapons are seized, a hearing occurs where a court will determine if the confiscation should last a year. The bill passed with a 22-20 vote in the New Mexico Senate and a 39-31 vote in the New Mexico House.
Opponents of the legislation contend that it violates gun rights and the second amendment. Specifically, opponents argue that the initial confiscation of weapons occurs without adequate due process; the weapons are taken without a hearing.
Proponents of the law argue that it is a meaningfully balanced measure to address gun violence while also preserving second amendment rights. The law requires the initial confiscation to include evidence that an individual poses a threat to others or to themselves.
In a statement, Grisham provided, “The Legislature had the strength to pass this measure because we all recognize: Enough is enough. And we have the power to change the dynamic of gun violence in our communities.”