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New Mexico: Village of Ruidoso Violates Constitutional Preemption!

Tuesday, September 13, 2011

Council Meeting to Take Place Tonight – Make Your Voice Heard!

With blatant disregard for the Firearms Preemption clause in the New Mexico constitution, the Village of Ruidoso has banned firearms from any and all public property within and under control of Ruidoso Village.  The ban was implemented after the Mayor interpreted New Mexico Statutes (NMSA 1978) 3-11-4 and 30-14-4 as giving him the executive authority to regulate possession of firearms on public property. 

This interpretation is in complete conflict with state preemption as outlined in the New Mexico Constitution Article II, Section 6, and as interpreted by the New Mexico State Supreme Court in Baca v. New Mexico Department of Public Safety (47 P. 3d 441, 2002).  The preemption clause in the NM Constitution states:  “No Municipality or county shall regulate, in an way, an incident of the right to keep and bear arms.”   The Baca decision held that this section of the NM Constitution indicates: “an intent to preclude piecemeal administration at a local level and to ensure uniformity in the regulation of firearms throughout the State”.  Clearly, the Village of Ruidoso is in violation of the State Constitution and has overstepped its bounds in this attempt to regulate possession of firearms by law-abiding residents of Ruidoso.

The NRA is taking action to have this order removed without litigation, and has initiated communication with the Mayor’s office.  There are a couple ways you can also help:

  1. Attend the Council Meeting scheduled to take place tonight September 13, at 3pm at the Council Chambers in Ruidoso Village Hall at 313 Cree Meadows Drive.  Time is set aside during this meeting for public input, in which the public is free to respectfully voice their opinion on matters not on the agenda. Time is limited to three minutes a person, so please arrive prepared and remain respectful. 

  2. Contact the Mayor and the Councilors and respectfully demand that they abide by the Preemption Clause found in the New Mexico state Constitution.  Contact information for the Mayor and Councilors can be found by clicking here.

 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.