Defend the Constitution with Gun Legislation

Gun advocates who truly want to defend the Constitution should support this modest proposal for gun safety legislation. The current laws in N.M. allow individuals to carry firearms onto private property without the permission, knowledge, or consent of the owner or resident.

Homeowners and businesses are currently required by the state to post a sign that meets an unreasonably burdensome government standard. The sign requirement also subjects property owners to harassment by unruly pro-gun activists who can also exploit the “opt out” law by simply removing the signs before entering private property.

This onerous state law arguably violates the Takings Clause of the Fifth Amendment through uncompensated regulatory restrictions on private property use. There is a remarkably simple legislative remedy that will uphold the Constitution for everyone in addition to making our community safer from irresponsible gun owners.

1) Replace the current “optout” sign requirement with an “opt-in” law. Guns cannot be carried onto private property unless a sign is posted giving permission.

2) Make it a felony to trespass onto private property while in possession of a firearm without the owner’s permission.

3) Confiscate guns from anyone who has committed a felony while in possession of a firearm.

This simple 1-2-3 of gun safety legislation and enforcement would not only protect everyone’s constitutional rights, but would provide a legal means to get firearms out of the hands of criminals.

Until such legislative action is taken, responsible homeowners and businesses are welcome to show their solidary in defense of the Constitution by downloading and printing “opt-out” signs that meet current government requirements. These are available at www.boslough.us.

These signs do not comply with NM government standards and it is unclear whether either is enforceable. The Constitution does not refer anywhere to “weapons” or “outside food”. Beverages were the subject of the 18th Amendment, which was repealed by the 21st Amendment.

An edited version of this letter was published in the Sept. 27, 2023 issue of the Albuquerque Journal.