Unconstitutional? Make Them Hire Lawyers!

Rachel Pulaski

 Much controversy has been surrounding NewsNM the past few days concerning the actions of Las Cruces Mayor Ken Miyagishima at a City Council meeting held on February 7, 2011.   The topic of interest was the sale of guns at a Lion’s Club Gun Show within the city limits.  A concerned citizen wanted to know what steps the City was taking to prevent criminals from buying guns at the Lions Club Gun Show and shipping them to Mexico. The video for the City Council Meeting can be seen here (Fast forward to 1:28:15)  NewsNM reported meeting minutes taken by contributor Jim Harbison (audio of the show can be listened to here and here ) which relayed the following information: “Police Chief Williams commented that these sales are regulated by Federal Law and the ATF and that the city has little authority over them.

Jim Harbison

Mayor Miyagishima wants to pass a resolution to require background checks on all individuals who purchase guns.  City Attorney Connolly stated it would be unconstitutional because the NM Constitutions says cities have no right to interfere with the Second Amendment right to bear arms.  Mayor Miyagishima said "Of course we could always do it ourselves and let someone challenge us on it ."” Shortly after reporting this information the Mayor called the show in an effort to defend his actions. You can listen to that segment here.  Today we had Jim Harbison as a guest to speak on the topic and defend the allegations made against him by the Major which can be heard here.  In my personal opinion after watching the video several times, I would say that Mr. Harbison was truthful and accurate in his account of the meeting. 

Ken Miyagishima

I believe the underlying issues have been overlooked which is the blatant disregard for the rule of law and our constitutional rights by our elected officials who want to perform illegal acts under the guise of “knowing what is best for us."  Not to mention the blatant arrogance on behalf of Major Miyagishima to disregard the state constitution and force the taxpayers to be burdened with the cost to fight for their constitutional rights in court.  Mayor Miyagishima defended his actions by stating “It is my job to protect the citizens of this city” and that he wanted a level playing field for complying businesses like Wal-Mart and gun dealers at a gun show.  The fact is, all licensed gun dealers MUST perform background checks AT GUN SHOWS. There is no "loophole" for guns shows.  Private transactions between citizens who are not licensed gun dealers are not covered under the law at gun shows or anywhere else for that matter.  There are many of us who do not wish to give up our freedoms for better security or to have our state constitution overlooked for the “greater good”  This is one instance in many where the end does not justify the means.  I invite you to watch the video and listen to the audio to judge for yourself.

Unconstitutional? Make Them Hire Lawyers!