NM Sheriff refuses to enforce red flag laws

SIERRA COUNTY, New Mexico – One New Mexico Sheriff is taking a stand against Red Flag laws in his county, and he refuses to enforce them. He argues that “no red flag law in any way, shape or form is going to change a criminal’s mind that is dead set on — on committing such an atrocity as a mass shooting.”

CNN’s Randi Kaye interviewed Sierra County Sheriff Glenn Hamilton about his instance that red flag laws are inherently flawed.

“Just let me get on the record, would you implement the red flag law in your county?” Kaye asked.

Hamilton had a simple answer for her, “No.”

Kaye comments that Hamilton says the law it ineffective and unworkable.

“I can tell you right now, a temporary restraining order issued to an individual that says you can voluntarily turn your firearms in and 48 hours is not going to be adhered to it all,” Hamilton said.

According to Kaye, New Mexico’s red flag law adopted in 2020 is known as the Extreme Risk Firearm Protection Order Act. The law does not allow law enforcement to seize someone’s weapons outright. Instead, it gives an individual 48 hours to relinquish their firearms to law enforcement after being served voluntarily.

“How is allowing an individual self compliance with an order who is not thinking correctly? How is that saving the community? How is that in any way shape or form solving the problem?” Hamilton asks.

Kaye asked the sheriff is there are some cases where an individual may turn in their guns and comply with the law. Hamilton scoffed at the notion.

Hamilton argues that if an individual had in his mind made up that he was going to go commit a mass shooting somewhere, they would not turn in their guns.

The exchange:

HAMILTON: “I’m going to go after an inanimate object, but I’m going to leave the individual who’s allegedly in crisis, I’m going to leave him alone and let him cool down on his own. Makes no sense whatsoever.”
KAYE (voice-over): “Sheriff Hamilton argues that giving someone 48 hours to turn in their weapons will only cause them to move up the timeline for whatever crime they may be planning.”
KAYE (on camera): “But you don’t know that for sure. So why not serving orders?”
HAMILTON: “No, I do know that for sure. I have had 28 years of dealing with the criminal mind out there and I’m going to tell you, no red flag law in any way, shape or form is going to change a criminals mind that is dead set on — on committing such an atrocity as a mass shooting.”

Watch clip above via CNN