New Mexico's new emergency legislation (anti-gun???)

[Preacherman]

A bill has been introduced into the New Mexico State legislature which authorizes the Governor to prohibit firearms possession outside one's home or business during a state of emergency. There are also other pretty Draconian provisions... Perhaps our THR members in that State might like to start a bit of lobbying???

Source: http://www.phxnews.com/fullstory.php?article=3693&pagenum=0

HOUSE BILL 253

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Gloria C. Vaughn

FOR THE CORRECTIONS OVERSIGHT AND JUSTICE COMMITTEE, THE INFORMATION TECHNOLOGY OVERSIGHT COMMITTEE AND THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO A STATE OF EMERGENCY; PROVIDING THE GOVERNOR WITH EXPRESS AUTHORITY TO ORDER AN EVACUATION DURING A STATE OF EMERGENCY; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-20-6 NMSA 1978 (being Laws 1969, Chapter 281, Section 3) is amended to read:

"30-20-6. EMERGENCY RESTRICTIONS.--

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:

(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;

(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;

(3) the manufacture, transfer, use, possession or transportation of [any] a device or object designed to explode or produce uncontained combustion;

(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind, except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;

(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;

(7) the use of certain streets or highways by the public; [and]

(8) all or part of the population from remaining in any designated area within the state if the governor deems such action necessary for the preservation of life or necessary to aid an emergency response, recovery or mitigation. In order to facilitate an evacuation, the governor may prescribe travel routes, transportation modes and assigned destinations and may provide for the availability and use of temporary, emergency housing for evacuees; and

[(8)] (9) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.

B. [Any] A proclamation issued [under] pursuant to this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.

 

[Sir Galahad]

To my mind, there are some serious civil rights questions regarding this.

1.) What constitutes a "state of emergency"? Define.

2.) Who oversees the judgement of the governor?

3.) Are not some of the forbidden things on the list things usually only forbidden by martial law, such as freedom of assembly? Is this a de facto martial law without the public safety necessity of martial law?

4.) Bill forbids possession of combustible or flammable material in glass containers. You mean, such as legally obtained liquors and spirits? Or common household cleaners?

5.) Bill forbids not only sale of alcohol, but ANY goods the governor deems should not be sold. Why is governor given this broad power to legally deny perhaps food, perhaps other essentials, to the citizens?

6.) Governor also has power to forbid any activities he feels threaten life or "public peace". Perhaps such as religious practices a majority don't agree with?

7.) Governor can forbid right to bear arms. Except in homes or businesses. But he can ORDER an evacuation. This is still a de facto disarmament. You cannot leave with your firearms.

8.) What are the "evacuation" plans? If this is all about "evacuation", let's see the plans. Or is it get the power and use it and, "plans? what plans"?

This is pure BS. The governor is asking for power he has no business being entrusted with. Every governor in the country seems to want to be a petty despot. They want more tax dollars and, now that that's not enough, more power over everyone's lives. A bigger bunch of tyrants was not installed than the governors of U.S. states.

 

[Patch]

Someone once said....if you put a frog into boiling water, it will jump out immediately....but....if you put the frog into cold water and heat it up slowly, the frog will remain and boil to death. The point being....American citizens will find less and less "civil liberties" as time passes, because like the frog....Citizens will idly sit in the water (heating up) until it becomes too late to get out.

Many citizens, I find, become content in the belief that "someone else" will fix the problems for all the rest of us....it is a mentality that becomes the cooker for which we idly sit in....waiting for the water to boil over.

 

[treeprof]

There are, I think, 30 or so states with similar provisions for governor-declared emergencies. Some are old, some are new. Georgia passed one last year. Ours and others were based on a framework designed by someone affiliated with the CDC, I believe. The incentive to pass these monstrosities was a promise to the states of big $$ from the feds (Whitehouse) for "homeland security" expenditures.

 

[El Tejon]

Any law that can be abused . . . .

 

[Neal Bloom]

A Republican sponsoring a bill that gives such broad powers to a Democratic governor!