In the wake of another mass shooting, this time in Lewiston, Maine, the New Mexico Courts, Corrections and Justice Committee held a meeting Thursday in Las Vegas to talk about where firearms laws are headed in the country and the state.
The hearing was scheduled prior to Wednesday night’s tragedy, but the event was on the minds of lawmakers as they look for ways to reduce gun violence.
Senator Daniel Ivey-Soto presented the findings of a group that investigated the recent history of gun laws and court rulings regarding the right to bear arms.
That included the recent public health emergency proclamation regarding gun violence by Gov. Michelle Lujan Grisham and US District Court Judge David Urias’ decision not to issue an injunction against it.
“The first step a court reviewing a restriction must determine if the Second Amendment’s plain text covers an individual’s conduct and if it does, the Constitution presumptively protects that conduct,” Ivey-Soto said. “In the second step then if you’re dealing with conduct that is presumptively protected, the government must then justify its regulation by demonstrating that it’s consistent with the nation’s historical tradition of firearm regulation. Only if the government makes such a showing may a court conclude that the individual’s conduct falls outside of the Second Amendment’s unqualified protection.”
Committee Chair Senator Joseph Ceventes says an assault weapons ban including the legal definition of such a weapon, age restrictions, magazine capacity regulations and waiting periods are some of the issues expected to see possible legislation next year at Roundhouse.
He says it’s a good idea to take a long look at what lawmakers are interested in discussing ahead of the 30-day session and the current status of court rulings.
