Court to Hear Concealed-Gun Issue
By
DEBORAH BAKER | Associated Press
Friday, December
12, 2003
The state Supreme Court has decided to
hear arguments next month in a challenge to a new law that allows New
Mexicans to carry concealed, loaded handguns.
The court on Thursday set oral arguments for Jan. 5.
A children's advocacy group and a physician sued last month, alleging
the law violates the state constitution.
They want the court to block the Department of Public Safety from
issuing concealed-carry licenses beginning in January.
The attorney general, representing the department, said in written
arguments submitted to the court last month that the law is
constitutional and the challenge should be dismissed.
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.
The National Rifle Association has asked to intervene in the case,
saying its New Mexico members will be less safe if they can't carry
concealed handguns and its members who teach firearms-safety training
will lose income.
The NRA, in a brief filed last week with the court, also disputed claims
by opponents of the law that it would put children at risk by making
guns more available.
"Nothing in the Act endangers children, increases the accessibility
of handguns to children or causes accidental shootings or youth
suicide," the NRA said.
At issue is a constitutional provision that says citizens may keep and
bear arms for security and defense and other lawful purposes, "but
nothing herein shall be held to permit the carrying of concealed
weapons."
New Mexico Voices for Children contends that provision makes the new law
unconstitutional.
DPS and Attorney General Patricia Madrid contend the language simply
means the constitution does not specifically grant citizens the right to
carry concealed weapons. But neither does it forbid them from doing so,
and the Legislature can make laws regulating concealed carry, they said.
If the court ruled the constitution barred concealed handguns, it would
"radically alter long-established and deeply held rights and
practices of both ordinary citizens and peace officers," they
argued.
A state law from the 1950s allows police to carry concealed handguns and
citizens to keep loaded, concealed handguns in their vehicles and homes.
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