Call to Action: New Mexico

[RHenriksen]

The Federal bill for national reciprocity would, I believe, remove states' ability to make these distinctions. If you have a carry permit from your home state, then all other states would *have* to accept it.

So lobbying your congress critters on behalf of that bill would be your next step.

[speedsix]

..."I'm from your government, and I'm here to help you..." right...not in this lifetime...thanks but no thanks!!!

[chartreuse]

So what happens to the 20 year old veterans and the folks with green cards? Do we let them go hang, just 'cos NM has said it'll play ball with the rest of us, as long as we turn our backs on our neighbors?

IMHO, I think so, simply because that isn't our state. It seems that people from elsewhere were able to have an effect on the State of New Mexico's concealed carry policy, IN A GOOD WAY.

OK, I see. We've got ours, so we should quit threatening an economic boycott? I'm not comfortable with the uncertainty that this creates for many Texans. I'm even less comfortable with some unelected bureaucrat in NM declaring that there's "two kinds of Texans".

Sure, it's not our state and, frankly, if they're going to carry on like this then they can keep it. NM won't see a penny of mine until they quit discriminating against my family, friends and neighbors. Didn't somebody once say "...we must all hang together, or assuredly we shall all hang separately"?

The Federal bill for national reciprocity would, I believe, remove states' ability to make these distinctions. If you have a carry permit from your home state, then all other states would *have* to accept it.

So lobbying your congress critters on behalf of that bill would be your next step.

Yes, the reciprocity bill is something we should support, but... we've just demonstrated that we hold a lot more sway over New Mexico than we do over, say, Maine.

Our fellow Texans are much more likely to be affected by the NM shenanigans than anything that happens back East. Why quit and turn our backs on them now, just when we've proven we have influence?

[Beiruty]

It's unusual to put out a call-to-action outside a Texas legislative session, but we need to let the New Mexico Governor, Attorney General and Dept. of Public Safety know the unwarranted cancellation of reciprocity with Texas is not setting well with Texans who now have to change their vacation/travel plans and not enter New Mexico. Texas and New Mexico have enjoyed reciprocity for seven years without any problems to justify this change. There is no legitimate rationale for this action and we are hearing only excuses. New Mexico officials have stated that the only reason they cancelled reciprocity with Texas is because we do not require U.S. Citizenship, but denying a license to a legal resident alien (Green Card alien) is probably unconstitutional. This position was stated by a New Mexico DPS official and no mention was made of issuing CHL's to persons under age 21.

New Mexico's House and Senate have a Democrat majority, as well as a very strange committee/committee referral system for bills. A legislative fix is highly unlikely, so we must put pressure on administrative bureaucrats to reverse this ill-advised action. Unless the message comes through loud and clear that this arbitrary act is going to cost New Mexico in terms of tourism, we will not see reciprocity with New Mexico in the foreseeable future.

Please call each of the offices listed below. As always, be polite and respectful and let them know you will not visit New Mexico until they reestablish reciprocity with Texas.

Thanks,
Chas.

New Mexico DPS 505-841-8053
Governor's office 505-476-2200
Attorney General's office 505-827-6000
New Mexico Dept of Tourism 505-827-7400

As non-Citizen, perm resident, can I file a class-action suit against NM state for discrimination in regard of CHL?

[ghostrider]

As non-Citizen, perm resident, can I file a class-action suit against NM state for discrimination in regard of CHL?

given that ATF was told they can't require proof of state residency from GC holders but not citizens, you may have a case.

[ghostrider]

I'm even less comfortable with some unelected bureaucrat in NM declaring that there's "two kinds of Texans".

me too, especially since I'm one of those 2nd class Texans.

[Charles L. Cotton]

It's unusual to put out a call-to-action outside a Texas legislative session, but we need to let the New Mexico Governor, Attorney General and Dept. of Public Safety know the unwarranted cancellation of reciprocity with Texas is not setting well with Texans who now have to change their vacation/travel plans and not enter New Mexico. Texas and New Mexico have enjoyed reciprocity for seven years without any problems to justify this change. There is no legitimate rationale for this action and we are hearing only excuses. New Mexico officials have stated that the only reason they cancelled reciprocity with Texas is because we do not require U.S. Citizenship, but denying a license to a legal resident alien (Green Card alien) is probably unconstitutional. This position was stated by a New Mexico DPS official and no mention was made of issuing CHL's to persons under age 21.

New Mexico's House and Senate have a Democrat majority, as well as a very strange committee/committee referral system for bills. A legislative fix is highly unlikely, so we must put pressure on administrative bureaucrats to reverse this ill-advised action. Unless the message comes through loud and clear that this arbitrary act is going to cost New Mexico in terms of tourism, we will not see reciprocity with New Mexico in the foreseeable future.

Please call each of the offices listed below. As always, be polite and respectful and let them know you will not visit New Mexico until they reestablish reciprocity with Texas.

Thanks,
Chas.

New Mexico DPS 505-841-8053
Governor's office 505-476-2200
Attorney General's office 505-827-6000
New Mexico Dept of Tourism 505-827-7400

As non-Citizen, perm resident, can I file a class-action suit against NM state for discrimination in regard of CHL?

Immigration law is not my area but I believe you would have a claim. I believe Green Card aliens have the same protections as citizens, except for voting as you mentioned earlier. It wouldn't be a class action most likely, but I'm not sure. Again, this is not my area of practice.

Chas.

[Charles L. Cotton]

So what happens to the 20 year old veterans and the folks with green cards? Do we let them go hang, just 'cos NM has said it'll play ball with the rest of us, as long as we turn our backs on our neighbors?

Move to NM and fight to change the law. We can't do that here in Texas. We have plenty to do here at home.

Chas.

[chartreuse]

So what happens to the 20 year old veterans and the folks with green cards? Do we let them go hang, just 'cos NM has said it'll play ball with the rest of us, as long as we turn our backs on our neighbors?

Move to NM and fight to change the law. We can't do that here in Texas. We have plenty to do here at home.

Really?

We just effected positive change in NM, change that benefited many, but not all Texans. What's the calculus that says "this is the point where we throw the rump under the bus"?

[PracticalTactical]

It's unusual to put out a call-to-action outside a Texas legislative session, but we need to let the New Mexico Governor, Attorney General and Dept. of Public Safety know the unwarranted cancellation of reciprocity with Texas is not setting well with Texans who now have to change their vacation/travel plans and not enter New Mexico. Texas and New Mexico have enjoyed reciprocity for seven years without any problems to justify this change. There is no legitimate rationale for this action and we are hearing only excuses. New Mexico officials have stated that the only reason they cancelled reciprocity with Texas is because we do not require U.S. Citizenship, but denying a license to a legal resident alien (Green Card alien) is probably unconstitutional. This position was stated by a New Mexico DPS official and no mention was made of issuing CHL's to persons under age 21.

New Mexico's House and Senate have a Democrat majority, as well as a very strange committee/committee referral system for bills. A legislative fix is highly unlikely, so we must put pressure on administrative bureaucrats to reverse this ill-advised action. Unless the message comes through loud and clear that this arbitrary act is going to cost New Mexico in terms of tourism, we will not see reciprocity with New Mexico in the foreseeable future.

Please call each of the offices listed below. As always, be polite and respectful and let them know you will not visit New Mexico until they reestablish reciprocity with Texas.

Thanks,
Chas.

New Mexico DPS 505-841-8053
Governor's office 505-476-2200
Attorney General's office 505-827-6000
New Mexico Dept of Tourism 505-827-7400

As non-Citizen, perm resident, can I file a class-action suit against NM state for discrimination in regard of CHL?

There's already a lawsuit in progress re: resident alien carry. An Australian living in Albuquerque teamed up with SAF and went for it. With previous caselaw saying another state had to issue to resident aliens, it doesn't look good for DPS.

[G.A. Heath]

I understand why they want to limit concealed carry, after all armed criminals are a cottege industry for them, especially ones who make a big name (William H. Bonney for example). Heck they still brag about Las Vegas, the town that put the "wild" in the "Wild West." Ok, I'm done being sarcastic but what I would like to know is why does New Mexico hate LEGAL immigrants and our military?

And yes, the SAF is already working on turning the citizen only requirement into a "Legal to be here" requirement via litigation.

[Keith B]

So what happens to the 20 year old veterans and the folks with green cards? Do we let them go hang, just 'cos NM has said it'll play ball with the rest of us, as long as we turn our backs on our neighbors?

Move to NM and fight to change the law. We can't do that here in Texas. We have plenty to do here at home.

Really?

We just effected positive change in NM, change that benefited many, but not all Texans. What's the calculus that says "this is the point where we throw the rump under the bus"?

Residents of New Mexico will be much better to fight the actual license requirements and get them changed from inside the cage vs. outside. We were able to get NM to reverse a total ban on CHL reciprocity with us, but their age and citizenship requirements still stand even for their own licenses. Other states have similar restrictions on age, like Virginia, where you have to be 21 to carry, resident or not.

[speedsix]

...the financial cost will have to do it...forget reasoning with them or reminding them that our fine young men/women put their butts on the line for us all...it's gotta cost 'em money...

...as to the resident alien part...I think the rights of American citizenship should be conferred along with the citizenship...once it is earned...

[Charles L. Cotton]

So what happens to the 20 year old veterans and the folks with green cards? Do we let them go hang, just 'cos NM has said it'll play ball with the rest of us, as long as we turn our backs on our neighbors?

Move to NM and fight to change the law. We can't do that here in Texas. We have plenty to do here at home.

Really?

We just effected positive change in NM, change that benefited many, but not all Texans. What's the calculus that says "this is the point where we throw the rump under the bus"?

Yeah, really. I'm not throwing anyone under the buss. But since you like analogies, this one is a lot more accurate. We just ran into a burning building and pulled out 535,000 CHLs but couldn't rescue 306 ages 18 to 20. That's a pretty successful rescue operation in most folks' opinion.

There are an estimated 306 Texas CHL's between 18 and 20 years of age. I calculated this by taking the number of licenses issued to people in that age range for the five year period from 2006 through 2010 (latest figures published). DPS Fiscal Year ReportsThe number of Green Card aliens with a Texas CHL is not published, but I suspect it is equally low.

Here is the problem with your proposal to keep the pressure on because of the age and citizenship issues. While it is my belief that the audit criteria the New Mexico DPS chose to use is arbitrary, that can't be said for eligibility requirements; that's in statute. Attempts to pressure a state police agency disregard it's own state's eligibility requirements when determining if another state's laws are "substantially similar" is doomed to failure. That change needs to be made legislatively in New Mexico.

Texas law on reciprocity was virtually identical and it was a huge problem. Another states eligibility and background check procedures had to be substantially similar or more stringent than Texas'. We had reciprocity with only about six states prior to changing the law. The change involved fist reassigning the responsibility for evaluating other states' carry laws and negotiating reciprocity agreements from DPS to the AG and the Governor. Secondly, reciprocity eligibility was reduced to simply having a criminal history background check performed before the other state issues a carry license. Tex. Gov't Code §411.173(b). After these two changes, Texas was able to grant reciprocity to numerous states, thus making Texas eligible to enter into dozens of agreements.

The change you want is going to have to come from the New Mexico Legislature.

Chas.

[scref]

Looks like NM has changed their minds

http://www.dps.nm.org/index.php/nm-conc ... greements/" onclick="window.open(this.href);return false;