Extreme risk law violates constitutional amendments

Extreme risk law violates constitutional amendments

Gun Rights

An op-ed Jan. 12 by Warren F. Frost (included a) “friendly warning to all Second Amendment advocates who are also elected officials” that they should be subject to a “removal proceeding based upon a violation of their oath of office” if they refuse to comply with any unconstitutional laws passed in New Mexico. First off, I would like to offer a “friendly warning” to any attorney who does not understand the Bill of Rights and that the Second Amendment states, “shall not infringe” for a reason. The Second Amendment is not just for the citizens to bear arms, it also removes the right of the government to take these arms from the citizens. For clarification, the definition of due process, as outlined in both the Fifth and Fourteenth Amendments of the U.S. Constitution, prohibits the government from taking any action that would deprive a person of “life, liberty or property without due process of law.” This includes a hearing before an impartial person, representation by an attorney, calling witnesses on one’s behalf, to be confronted with the witness against you and to cross-examination of witnesses, a written decision with reasons based on evidence introduced, a transcript of the proceeding, and an opportunity to appeal the decision before the government takes a citizen’s property. The red flag bill that is being presented in New Mexico is a direct violation of due process, and an attorney of all people should understand this. Perhaps you are unfamiliar with a Supreme Court case […]

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