Commission adopts 'sanctuary' resolution

The Quay County Commission on Monday unanimously approved Sheriff Russell Shafer’s request to adopt a resolution declaring the county a “Second Amendment sanctuary county” because of his objections to several gun-control bills pending in the New Mexico Legislature.

The 15-paragraph resolution, citing three U.S. Supreme Court decisions and the U.S. Constitution affirming the individual rights to bear arms, states the county commission “affirms its support” for the sheriff “in the exercise of his/her sound discretion and affirms its resolve to support decisions by our Sheriff to not enforce any unconstitutional firearms law against any citizen.”

The resolution also states the county commission “will not authorize or appropriate government funds, resources, employees, agencies, contractors, buildings, detentions centers or offices for the purposes of enforcing law that unconstitutionally infringes on the right of the people of keep and bear arms.”

Shafer said he and 29 other sheriffs in New Mexico oppose several gun-control bills in the Legislature.

Shafer said he opposes a measure, House Bill 8, which would require background checks on all gun sales, including person-to person between family members.

“I do not want to tell a law-abiding citizen what they can do with their private property,” he said. “I want to see more enhancements against criminals. But this is basically punishing people for having guns.”

He said another measure, House Bill 130, would effectively end shooting sports, including by 4-H clubs.

“If there is an unattended or improperly secure firearm around a minor, you’re breaking the law,” Shafer said. “Guns sitting out on a table for 4-H shooting sports is breaking the law, and those leaders can be held accountable for that.”

Shafer said he would be prepared to “stand up in front of a judge” and say he would not enforce such laws.

“I will write a standing letter to my deputies, saying ‘Do not enforce these bills,’” he said. “I hate to do that, but it says in the law of the land that if a bill is passed by the Legislature that is repugnant to the Constitution of the United States, it will not be followed. I am prepared to stand behind that.”

Commissioner Sue Dowell, expressing her support for the resolution, noted the term “sanctuary city” — once used by a few municipalities who objected to immigration laws — in it is politically charged.

“I’m not asking for us to be a sanctuary state of criminals who can get firearms,” Shafer said. “We will prosecute them to the fullest extent of the law.”

Commissioner Franklin McCasland said: “My concern is with all of these gun bills is it appears to me they’re targeting innocent people. I don’t see anything that’s keeping guns out of criminals’ hands.”

Shafer concurred, saying: “There is no legislation I can find that talks about keeping guns out of the hands of criminals.”

Shafer said his department deals with more stabbings than shootings. He also noted gun violence has fallen since the crack-cocaine epidemic of the early 1990s.

Commissioner Mike Cherry, before making a motion to approve the resolution, said: “I support the sheriff on this.” Dowell seconded.

Shortly before the vote, County Clerk Ellen White noted the resolution “has no bearing on the law or the enforcement of it.”

In other business, the commission:

• Approved the use of the Quay County Fairgrounds to be used for Tucumcari Rawhide Days on May 3-4.

n Approved a resolution of fire-protection grants of $100,000 to Rural District 1 for facility improvements, $100,000 to the Bard-Endee district for a firetruck and $47,500 to the Porter district for equipment.

• Approved a resolution for a road-match waiver budget adjustment. County Finance Director Cheryl Simpson said the county is getting $139,000 more in revenue from the adjustment.

• Approved a canvass of the Feb. 5 two-mill levy property-tax question from the Tucumcari school district that voters approved by a 2-to-1 margin. White said the mail-in election recorded about 700 non-deliverable ballots her office will use to help purge 2019 voter rolls. The commission also approved a contract for a voting machine technician and the appointment of three members and two alternates to the board of registration.

• Heard from County Road Superintendent Larry Moore that work on Quay Road 65 to widen it and install new culverts will be finished by the end of the week.

• Approved four resolutions or agreements that fund the Quay County DWI Program for another year.

• In a routine matter, the county held a brief public hearing (with no comments) and closed out a Community Development Block Grant for the season.