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 called District of Columbia vs. Heller where the court held the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home? We the people have a right to bear arms, in spite of what elected officials try to force upon us.
… The sheriffs, as well as county commissioners, are close to their constituents; they know the pulse of the community. In response to what the people of New Mexico want, 26 out of 33 counties, six cities and one town voted to become Second Amendment Sanctuary districts.
…. Instead of posting threats of removing people from office, perhaps go back and read (the) State Bar of New Mexico Rules of Conduct that states, “I will respect and protect the image of the legal profession, and will be respectful of the content of my advertisements or other public communications.” (The) declaration of war against elected officials and those who stand with the Second Amendment is a disrespectful public stab at servants who represent the people.
I invite (Frost) to come to any Second Amendment discussion put on by Pro-Gun Women. Perhaps talking to the people … (would) help (him) fully understand how the people of New Mexico feel and why they support the decision to be a Second Amendment Sanctuary county. If (he doesn’t) understand the will of the people, perhaps it is (he who) should resign.