New Mexico Legislative Alert - 5/23/01

At Monday`s meeting of the Albuquerque City Council, Mayor Jim Baca formally introduced Council Bill No. O-108, which would prohibit the carrying of a concealed handgun within city limits. This misguided ordinance takes direct aim at New Mexico`s new "Right To Carry" law before it`s even had a chance to take effect! Text of the actual ordinance appears below.

By introducing this ordinance, Mayor Baca is sending a clear message to anyone who lives in, works in, or ever visits the City of Albuquerque: the state may trust you with a license to protect yourself in a responsible manner, but I don`t! Will City Councillors, who will be up for re-election just as the Mayor will be this fall, trust the people or will they stand with Mayor Baca? Will they listen to the clear and convincing facts on this issue or will they listen to the Mayor`s overblown rhetoric?

Council Bill No. O-108 has been referred to the Council`s Finance & Government Operations Committee. The committee could hold a public hearing on this measure at their June 11 meeting. The agenda for that meeting has not yet been posted, but you can check daily for the committee agenda posting at www.cabq.gov. It is critical that as many law-abiding gun owners and supporters of the right to self-defense begin contacting committee members listed below and urging them to OPPOSE COUNCIL BILL NO. O-108!

See an updated FACT SHEET on Right To Carry.

Finance & Government Operations Committee Members` Phone: (505) 768-3100
Email Addresses for Councillors can be found at: www.cabq.gov

Tim Kline, Chair
Brad Winter
Greg Payne
Vincent Griego
Michael Brasher

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CITY of ALBUQUERQUE
FOURTEENTH COUNCIL
COUNCIL BILL NO. O-108
ORDINANCE

Prohibiting The Carrying Of A Concealed Weapon; Defining Terms And Providing For Penalties.

BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

SECTION 1. FINDINGS AND PURPOSE. Allowing or encouraging the carrying of concealed weapons endangers the lives of law enforcement personnel. In fact, law enforcement organizations oppose the carrying of concealed weapons in the State of New Mexico. Furthermore, firearms are the second leading cause of fatal injuries among young people in New Mexico. New Mexico also has the sixth highest rate of firearm fatalities in the nation. And finally, allowing the carrying of concealed weapons sends the wrong message to our young people about how to resolve conflicts peacefully.

SECTION 2. SHORT TITLE. This article shall be known and may be cited as the "Right to Safety" Ordinance.

SECTION 3. PROHIBITING CARRYING A CONCEALED WEAPON. A. It is unlawful for any person to carry a concealed weapon within the city limits. B. It is lawful to carry a concealed weapon as otherwise authorized by Section 30-7-2, NMSA 1978.

SECTION 4. To make this ordinance effective, the CAO is authorized to comply with whatever regulations are promulgated by the Department of Public Safety pursuant to state law.

SECTION 5. PENALTY. Any person who violates any provision of this article shall be subject to the general penalty provisions of this code set forth in Section 1-1-99.

SECTION 6. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.

SECTION 7. COMPILATION. Sections 1 through 6 of this ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.

SECTION 8. EFFECTIVE DATE. This ordinance shall take effect on July 1, 2001.