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Governor signs red flag gun measure into law

Will sheriffs who refuse to enforce it face penalties?

Governor signs red flag gun measure into law

Will sheriffs who refuse to enforce it face penalties?

WE SPOKE TO ATHLETES ABOUT WHAT IT TOOK TO GET HERE. >> LAWMAKERS APPROVE A CONTROVERSIAL GUN BILL, AND THE GOVERNOR WILL SIGN THE SO CALLED RED FLAG LAW. REPORTER BRANDON EVANS BREAKS -- DESCRIBES HOW THE BILL IMPACTS LAW ENFORCEMENT AND WHAT COULD HAPPEN IF THEY REFUSE TO ENFORCE IT. >> THE CONTROVERSY OF THIS BILL IS WITH THE EXTREME RISK PROTECTION ORDER. IT REQUIRES LAW ENFORCEMENT TO REMOVE GUNS FROM PEOPLE A JUDGE RULES ARE A DANGER TO THEMSELVES OR OTHERS. TONIGHT, WE’RE NOT JUST LOOKING AT HOW LAW ENFORCEMENT FEELS ABOUT IT, BUT ALSO WHAT PUNISHMENT POLICE OR SHERIFF’S DEPUTIES FACE IF THEY DON’T FOLLOW THE LAW. [CROWD CHANTING "USA"] >> PEOPLE ACROSS THE STATE PROTESTED OUTSIDE THE ROUNDHOUSE DURING THE LEGISLATIVE SESSION, EXPRESSING THEIR FRUSTRATION WITH SENATE BILL 5. CIBOLA COUNTY SHERIFF TONY MACE IS ONE OF SEVERAL SHERIFF’S WHO HAVE PUBLICLY SAID THEY WILL NOT ENFORCE THE LAW, EVEN IF ORDERED BY A JUDGE. BERNALILLO COUNTY SHERIFF MANNY GONZALES IS NOT ONE OF THOSE SHERIFFS. >> ONCE THE LAW IS ENACTED, WE HAVE OUR ROLES AS SHERIFFS TO ENFORCE ALL LAWS AND UPHOLD THE CONSTITUTION AND THAT’S WHAT WE DO AND I KNOW WHAT MY ROLE IS AS A SHERIFF. >> BUT THAT DOESN’T MEAN HE’S HAPPY ABOUT IT. IN FACT, HE SAYS HE WISHES SHERIFFS WERE MORE INVOLVED IN THE DISCUSSION AND CREATION OF THE BILL. >> IF YOU WANT TO HAVE IMPACTFUL LAWS THAT ARE MEANINGFUL AND ARE RELATIVE TO WHAT YOU’RE DOING, I WOULD THINK IT WOULD BE VERY IMPORTANT TO REACH OUT TO THOSE PEOPLE THAT IT DIRECTLY AFFECTS. >> ON THE LAST DAY OF THE SESSION, GOVERNOR MICHELLE LUJAN GRISHAM WARNED AGAINST THOSE WHO REFUSE TO ENFORCE IT. >> WE WILL HOLD THEM ACCOUNTABLE IN THE SAME WAY THEY HOLD THEIR COMMUNITIES ACCOUNTABLE. >> BUT WOULD THESE ROGUE SHERIFFS ACTUALLY END UP FACING CHARGES? KOAT LEGAL EXPERT JOHN DAY SAYS IT’S CERTAINLY A POSSIBILITY. >> IF SOMEONE CHALLENGES A SHERIFF’S REFUSAL TO ENFORCE THAT LAW IN COURT, A DISTRICT JUDGE COULD HOLD THAT SHERIFF IN CONTEMPT OF COURT AND STICK THAT SHERIFF IN ONE OF HIS OR HER OWN JAIL CELLS UNTIL THEY COMPLY. >> OUR LEGAL EXPERT SAYS OVER THE NEXT FEW MONTHS, WE COULD ALSO SEE SOME OF THESE SHERIFF’S CHALLENGE THE ENFORCEABILITY AND CONSTITUTIONALITY OF THE LAW IN COURT. REPORTING, BRANDON EVANS. >> ONCE SIGNED BY THE GOVERN
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Governor signs red flag gun measure into law

Will sheriffs who refuse to enforce it face penalties?

UPDATE: On Tuesday Governor Michelle Lujan Grisham has signed the "extreme-risk measure" into law. “New Mexico has balanced individual rights and public safety in a responsible way that will reduce our unacceptable suicide rate and other forms of gun violence,” Gov. Lujan Grisham said. “The Legislature had the strength to pass this measure because we all recognize: Enough is enough. And we have the power to change the dynamic of gun violence in our communities. Today we are standing up – we do not accept the status quo; we do not accept the risk posed by dangerous armed individuals who have articulated their desire to cause harm.“This law is sensible and balanced. It is a good public safety measure. If it saves even one life, and it will, we will have done good work here. My thanks to the Legislature and the committed advocates who have fought and continue to fight for progress on gun safety.”Earlier coverage:State lawmakers have approved a controversial gun bill, and the governor will soon sign off on the so-called Red Flag Law.KOAT looked at how the bill impacts law enforcement and what could happen to those who refuse to enforce it.The controversy of the bill is with the extreme risk protection order.It requires law enforcement to remove guns from people a judge rules are a danger to themselves or others.People from across the state, many of them law enforcement, protested outside the roundhouse during the legislative session, expressing their frustration with Senate Bill 5.Cibola County Sheriff Tony Mace is one of several sheriffs who have publicly said they will not enforce the law, even if ordered by a judge.Bernalillo County Sheriff Manny Gonzales is not one of those sheriffs.“Once the law is enacted, we have our roles as sheriffs to enforce all laws and uphold the constitution, and that's what we do. And I know what my role is as a sheriff,” Gonzales said.But that doesn't mean he's happy about it.In fact, he said he wished sheriffs were more involved in the discussion and creation of the bill.“If you want to have impactful laws that are meaningful and are relative to what you're doing, I would think it would be very important to reach out to those people that it directly affects,” Gonzales said.On the last day of the session, Governor Michelle Lujan Grisham warned against those who refuse to enforce it.“We will hold them accountable in the same way they hold their communities accountable,” Lujan Grisham said.But would these rogue sheriffs actually end up facing charges?KOAT legal expert John Day said it's certainly a possibility.“If someone challenges a sheriff's refusal to enforce that law in court, a district judge could hold that sheriff in contempt of court and stick that sheriff in one of his or her own jail cells until they comply," Day said.Day said that over the next few months, we could also see some of these sheriff's challenge the enforceability and constitutionality of the law in court.Once signed by the governor, the law would take effect July 1.

UPDATE: On Tuesday Governor Michelle Lujan Grisham has signed the "extreme-risk measure" into law.

“New Mexico has balanced individual rights and public safety in a responsible way that will reduce our unacceptable suicide rate and other forms of gun violence,” Gov. Lujan Grisham said. “The Legislature had the strength to pass this measure because we all recognize: Enough is enough. And we have the power to change the dynamic of gun violence in our communities. Today we are standing up – we do not accept the status quo; we do not accept the risk posed by dangerous armed individuals who have articulated their desire to cause harm.

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“This law is sensible and balanced. It is a good public safety measure. If it saves even one life, and it will, we will have done good work here. My thanks to the Legislature and the committed advocates who have fought and continue to fight for progress on gun safety.”


Earlier coverage:

State lawmakers have approved a controversial gun bill, and the governor will soon sign off on the so-called Red Flag Law.

KOAT looked at how the bill impacts law enforcement and what could happen to those who refuse to enforce it.

The controversy of the bill is with the extreme risk protection order.

It requires law enforcement to remove guns from people a judge rules are a danger to themselves or others.

People from across the state, many of them law enforcement, protested outside the roundhouse during the legislative session, expressing their frustration with Senate Bill 5.

Cibola County Sheriff Tony Mace is one of several sheriffs who have publicly said they will not enforce the law, even if ordered by a judge.

Bernalillo County Sheriff Manny Gonzales is not one of those sheriffs.

“Once the law is enacted, we have our roles as sheriffs to enforce all laws and uphold the constitution, and that's what we do. And I know what my role is as a sheriff,” Gonzales said.

But that doesn't mean he's happy about it.

In fact, he said he wished sheriffs were more involved in the discussion and creation of the bill.

“If you want to have impactful laws that are meaningful and are relative to what you're doing, I would think it would be very important to reach out to those people that it directly affects,” Gonzales said.

On the last day of the session, Governor Michelle Lujan Grisham warned against those who refuse to enforce it.

“We will hold them accountable in the same way they hold their communities accountable,” Lujan Grisham said.

But would these rogue sheriffs actually end up facing charges?

KOAT legal expert John Day said it's certainly a possibility.

“If someone challenges a sheriff's refusal to enforce that law in court, a district judge could hold that sheriff in contempt of court and stick that sheriff in one of his or her own jail cells until they comply," Day said.

Day said that over the next few months, we could also see some of these sheriff's challenge the enforceability and constitutionality of the law in court.

Once signed by the governor, the law would take effect July 1.