CCW is constitutional in NM!


January 5, 2004, 05:03 PM
“The petition is denied.” Chief Justice Petra Jiminez Maes

We won, boys. CCW is legal in NM.

You ought to consider writing a “thank-you” email to Attorney General Patricia Madrid and DPS Secretary John Denko. Their lawyers (Jerome Marshak for the AG and John Wheeler for DPS) is a GREAT job in handling this writ.

God bless the Supreme Court of the State of New Mexico!

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January 5, 2004, 06:09 PM

Shooter 2.5
January 5, 2004, 06:38 PM
Where did you hear this? Is there a link to an article?

Highland Ranger
January 5, 2004, 06:43 PM is showing it as the 36th (?) right to carry state -

Looks like they had a new CCW law that took effet on January 1st:

Standing Wolf
January 5, 2004, 06:49 PM
Well done, New Mexicans!

January 5, 2004, 07:07 PM
Zero reciprocity and zero out of state permits.

Oh well, congrats, New Mexicans.

January 5, 2004, 07:07 PM
36 down, 14 to go

January 5, 2004, 07:21 PM


Shooter 2.5
January 5, 2004, 08:07 PM
I checked and New Mexico's largest newspapers and I haven't found the article that says anything about the court case ruling in our favor.

El Tejon
January 5, 2004, 09:29 PM
Shooter, Erich just had to walk down the hall to get the decision. He was probably the second person in the state to know (his wife being first).:D

Way to go, Nueve Meheco! When the bears wake up, boy, are they in for it now. Finally you people can start killing them instead of whining about them!!!

January 5, 2004, 09:52 PM
"I think this will be a more dangerous place for children and other living beings," David Campbell, the lawyer representing New Mexico Voices for Children, said after the ruling.
Dr. Victor LaCerva, the physician who sued, said opponents of the law will begin to compile data on whether homicides and suicides increase because handguns are more accessible.

I think that on Jan 1, 2005, the DPS should publish a list of CCW permittees that commit crimes and the DOJ should publish their crime statistics as well, then lets see if David Campbell will be eating crow come Jan 2, 2005.

Why should suicides be counted alongside homicides (hopefully, homicides does NOT include justifiable homicides)? Sounds like the addition of a category designed to skew the results. Maybe we should include deaths of people that have seen guns at least once in their lifetime, even if they died from cancer, etc. :cuss:

January 5, 2004, 10:12 PM
Shooter 2.5, I was at the writ hearing, and I posted as soon as I got back. The SCt took the highly unusual step of telling us to stick around, and then ruling from the bench half an hour later. I was pretty darn happy. Heck, most of us there were. The NRA's lawyer for the MO mess was there - nice guy.

The ruling was on the evening local news, fwiw. Check the local papers tomorrow, I sat next to 5 reporters.

I almost told Dave Campbell to "coma mierda" (though in ingles) afterward, but I decided it wouldn't be Christian. Seeing his c. 13 yr-old-daughter almost in tears after the ruling (while the rest of us all gleefully shook hands) sort of made me not want to be mean to him. Plus, my wife knows him from law school and says he isn't a bad guy. I've met him socially, he's decent. I just don't care for cabrones that want to mess with my rights. Oh well, he's useless now anyway . . . .

January 5, 2004, 10:26 PM
Associated Press source (
Again, congrats guys, and dont get too anxious, waiting a year or two before trying to change the law to 21+ and allowing reciprocity will give the antis just enough rope to hang themselves. It sucks that some wont be able to get permits until then, but its the name of the game.


January 5, 2004, 10:31 PM
Congratulations! Congratulations! Congratulations!

I think I just heard the rushing sound of those who challenged Missouri's CCW law on the same basis, with a $250,000 bond at risk, simultaneously losing control of their bladders.

Bruce H
January 5, 2004, 10:45 PM
Why don't we compile how many deaths occur because of ccw and at the same time how many occur from doctors mistakes. Take the fight to them right in their face.

January 5, 2004, 10:47 PM
(NM) Violent burglar shot by homeowner 01-05-04

Suspected burglar in hospital after shot by homeowner
Location: Albuquerque
Source: AP

Police say an Albuquerque resident apparently interrupted a burglary and
ended up shooting the intruder.

Sergeant Pat Apodaca says it happened last night in Albuquerque's north

A man was visiting his neighbor when he thought he heard something at
his home next door. He investigated and found his door unlocked.

Apodaca says the intruder opened the door and that's when a fight began.

The intruder had a pipe and struck the resident, but the neighbor
intervened. That allowed the victim to get a gun he had in the house and
fire two shots, hitting the intruder at least once.
Apodaca says the intruder underwent surgery at an Albuquerque hospital.

January 5, 2004, 11:03 PM[TopHeadline]=ID&ID%5BTopHeadline%5D=2644

The state Supreme Court has rejected a challenge to the constitutionality of a new law allowing New Mexicans to be licensed to carry loaded concealed handguns.
The court made its ruling today after hearing arguments and discussing the matter behind closed doors for about a half hour.

Chief Justice Petra Maes says a written decision would be issued later.

A children's advocacy group and a physician sued last month, alleging the law violates the state Constitution.

They wanted the court to block the Department of Public Safety from issuing concealed-carry licenses beginning this month.

The law allows New Mexicans 25 and older to get licenses to carry concealed, loaded handguns if they complete firearms training courses and pass criminal background checks.

Shooter 2.5
January 5, 2004, 11:06 PM
Thank you Erich. Fine job.

Wisconsin is supposed to have their Senate overide the week of January 12. I hope we can add another one.

January 5, 2004, 11:16 PM
Congrats. Here's hoping for a repeat when the Missouri SC tackles the same issue January 22nd.

January 6, 2004, 01:39 AM
Amen to that StLGlocker.

January 6, 2004, 02:28 AM
Also vote in this poll. The local CBS affiliate has the following poll on their web page:

"Do you think the concealed carry law endangers New Mexico children?"

Go here, scroll down and look on the left side.

The funny part is when you see the results so far :neener: :neener: :neener:

Edited at 02:57am MST 01/06/2004

Here are the current numbers at the time of this edit.

Do you think the concealed carry law endangers New Mexico children?
Yes (130) 2%
No (7132) 98%

Total Votes: 7262

:neener: :neener: :neener:

Jim March
January 6, 2004, 02:31 AM
This bodes well for the upcoming MO case on exactly the same basis.

The grabbers are SUCH idiots. This same challenge was shot down once before; the last time they tried this, the argument that the NM Const. "bans" CCW didn't fly, but the Supremes found that the local opt-out provision was too screwy. Fine. So the new bill eliminated that.

So they try the same ol' schtick?


The real issue here is that if CCW is Constitutionally banned in a state, it would be banned for the PREVIOUS exceptions to the "ban" the legislature had already crafted, for off-duty and plainclothes cops, bodyguards of *politicians*, etc. :D No way were they going to end all as much as they might like to, there was no way this argument was going to fly and the same constitutional language in MO is going to be read the same way later this month by the MO Supremes.

January 6, 2004, 02:46 AM
Good point Jim. Striking down the CCW law on the particular Constitutional grounds the antis were using would have shot down ALL CCW, even for cops.
I almost wish they had, that would have forced an Constitutional Amendment and THAT could have very well given us "Vermont/Alaska style" CCW.

This law is "step in the right direction", but I personally don't think free citizens should have to ask "permission" to excercise their rights.

Jim March
January 6, 2004, 02:55 AM
SMLE: right, but do recall that Alaska has now proven that shall-issue can be a stepping stone to "Vermont".

We always suspected that, now we have proof :D.

January 6, 2004, 04:08 AM
Congratulations!!! Too bad there is no reciprocity.

January 6, 2004, 10:07 AM

I saw that poll yesterday over on GT . . . man, are we nuking it! We've got to hit the range sometime, amigo!
cheers, erich

January 6, 2004, 07:59 PM
I hope all the hippie liberal ex NY arthouse thugs
in Taos and Santa Fe are weeping.

As far as the thirteen yr old girl daughter
of the anti, she will get over it.

January 6, 2004, 11:18 PM
Hey Taft, take a look at NM and follow suit!! Sign the darn bill!!!

Congrats NM.

Now all we need is reciprocity.

January 6, 2004, 11:44 PM
im excited for all you new mexicans!
it seems that the states just keep on getting it together and getting into the concealed carry club
victory after victory in the past few years
i wish we could transfer that momentum onto the national level

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