New Mexico Attorney General Tries To Extort Sheriffs
BY Herschel Smith
5 years, 8 months ago
Attorney General Hector Balderas’ warning comes after at least 26 New Mexico counties passed “Second Amendment sanctuary” resolutions in opposition to guns laws decided by state lawmakers this year, including the measure requiring background checks.
Counties in several states, including Colorado and Illinois, have passed similar resolutions recently in opposition to newly passed or potential gun restriction measures.
Balderas, a Democrat, wrote in a letter to the state’s law enforcement agencies that it was their duty to enforce the measures.
“As law enforcement officials, we do not have the freedom to pick and choose which state laws we enforce,” Balderas said, according to The Albuquerque Journal.
Balderas also said that a police chief or sheriff who refused to enforce the measure could be held liable if a gun sale leads to a prohibited person owning a gun and doing harm.
So that’s his strategy. Consider that. A “prohibited person.” Who might that be? Someone who stole a weapon? A convicted violent felon? No, someone (person A) who, in the privacy of their own home or in a parking lot somewhere, sold a gun to another person (person B), and that other person (person B) committed a crime with it.
In this case, apparently the attorney general will allow, or even assist, the families of victims of the violence perpetrated by person B to file suit, presumably civil suit, against the Sheriff of the county in which the transaction took place.
And said transaction was supposed to be known by the Sheriff of that county – exactly how? I see Castle Rock v. Gonzalez and Warren v. District of Columbia being pertinent here. And I think the attorney general and victims’ families will lose in court.
Nice try.
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On April 8, 2019 at 10:06 pm, MTHead said:
Your exactly right Herschel. and its the same reason the Sheriffs don’t arrest him and all of his sanctuary buddies.
On April 9, 2019 at 1:50 am, Dan said:
Balderas is LYING. There exists NUMEROUS legal precedents holding that both LEO and DA’s have total jurisdiction on who they arrest, charge and on what charges and CANNOT be held liable for a failure to do so. If such precedent didn’t exist then every time someone got pulled over for speeding said motorist could ‘beef’ the cop for pulling HIM over and not
EVERYONE ELSE who was doing the same speed. So Balderas’s threat is
nothing but hot air.
On April 9, 2019 at 9:55 am, Dov Sar said:
Well isn’t this a thing? If that can be done, then I am suing Walmart because they sold me the spoon that I use to eat all that chocolate ice cream that made me so fat! I’ll be rich! Heh.