East New Mexico News

Gov. Michelle Lujan Grisham's recently enacted red flag laws which allow law enforcement to take a citizen's guns may violate an individual's constitutional rights, the Daily Signal reported.

Red flag laws, which now have been enacted by 18 states, would allow courts to make the call as to whether a citizen is a risk of danger to themselves or others. If they determine that the individual is dangerous, their guns would be confiscated.

While some believe red flag laws are a good idea, they also open the door for abuse. Red flag laws address alleged threats instead of infringing on everyone's right to bear arms. 

Red flag laws may violate U.S. Constitution, reports indicate.

However, many law enforcement officers are threatening to take the laws to court. According to the New York Times, there is a strong opposition growing against these laws. 

Reports reveal that Colorado passed a recent and imperfect red flag law. 

New Mexico has written its red flag laws and the legislation seems to be missing important due process protections for the residents impacted by the law.

When comparing Colorado’s version with the new law in New Mexico, New Mexico's laws seem to allow law enforcement to take the guns and then allow due process later. The laws appear to chose a low standard of proof for determining how "dangerous" a person is, the Daily Signal reported.

The laws fail to include mental health records which should be one of the major factors to consider aside from a person's criminal history.

In the United States., local governments have to follow strict guidelines before they can punish a citizen with jail time or imposing fines. This also goes for restricting a citizen's constitutional rights.

Moreover, the courts can declare someone a danger and confiscate his or her firearms. However, the court must first hold a court hearing. Without due process, the governments violate the person's constitutional rights.