Attorney general: 'Sanctuaries' can be held liable

SANTA FE — The state’s chief law enforcement official last week issued a letter advising officials of “second amendment sanctuaries” that they can still be held liable if they refuse to enforce recently signed gun legislation.

In the April 4 letter, Attorney General Hector Balderas referred broadly to the “number of law enforcement officials in New Mexico” that said they would not enforce Senate Bill 8, which was signed into law March 8 by Gov. Michelle Lujan Grisham and becomes effective July 1.

The new law would require a “federal instant background check” on most firearm sales. Sheriffs in Curry, Roosevelt and Quay counties all signed a letter Feb. 5 stating it “does nothing to protect citizens and is unenforceable.”

Officials in Roosevelt and Quay counties took it one step further, approving resolutions that month declaring themselves a “second amendment sanctuary” and empowering their sheriffs “to not enforce any unconstitutional firearms law against any citizen.”

The village of Elida approved a resolution last month supporting Roosevelt County’s resolution; there were at least 26 counties in the state that passed similar ordinances.

Senate Bill 8 was perhaps the most controversial of gun legislation opposed by area lawmen during the session, narrowly passing the Senate by a 22-20 vote and clearing the House by 42-27. It calls for people who want to sell a gun to arrange for a licensed dealer to do the background check, entailing a charge of up to $35. It applies to sales between two individuals, but there exceptions for sales between close family members and between law enforcement officers.

“Local law enforcement officials are entitled to their opinions about the policies that underlie the laws passed by our lawmakers, but those personal views do not absolve us of our duty to enforce validly enacted laws,” Balderas wrote in the letter obtained by The News through a records request. “By openly stating their unwillingness to enforce the laws of this State, these sworn officers are sending a dangerous message to our communities that severely threatens to undermine the rule of law.”

Balderas said a given police chief or sheriff “could be held liable under the New Mexico Tort Claims Act and other relevant statutes for failing to enforce this law,” which would then fall on their constituents.

“In short, the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law,” he wrote. “No action by a city council or county commission can change this state law or the responsibilities and duties that the law vests in New Mexico’s law enforcement agencies.”

When approving the sanctuary resolution in February, Roosevelt County commissioners advised the gesture was a symbolic one and could not supersede state law.

Malin Parker and Russell Shafer, respective sheriffs of Roosevelt and Quay counties, did not respond to messages Tuesday from The News for comment on Balderas’ letter.

Officials opposed to the new gun control law previously stated concern that it was in conflict with the federal constitution, but Balderas said SB8 was “presumed constitutional” and “similar to those passed across the nation and has been upheld by courts across the country.”

Balderas said he would defend the new law “against any legal challenge, just as I would to protect any rancher or sportsman’s right to bear arms under the Second Amendment and Article II, Section 6 of the New Mexico Constitution.”

In closing his letter, he offered to hold meetings “in your respective rural communities to monitor the effectiveness of this policy and continue to engage in this important matter.”

The Albuquerque Journal contributed to this report.