Preparing for the Special Session?

This is Gov. Susana Martinez requalifying for her concealed carry license.

According to McClesky Media, which posted this on YouTube, the governor got 100 percent scores with both .45 and .38 caliber handguns.

On her Facebook, Martinez wrote, "Chuck will never admit it, but I'm the better shot."

(Yes, I'm back to work.)

Don't Take Your Gun to Town, Adam.

Former Republican Congressional contender Adam Kokesh sent out this news release concerning his right to bear arms on a political talk show.

Seems that the killjoys at UNM won't let Kokesh take his pistol into the KNME studio to tape The Line.

Don't worry Adam. I've done the show several times and nobody ever assaulted me. Marco Gonzales  looked at me funny once though.

Albuquerque – As a guest for a taping of “THE LINE” for KNME TV last week, Adam Kokesh was unknowingly in violation of state law and University of New Mexico policy when he (openly) carried his revolver into the studio. Adam Kokesh, an Iraq veteran, activist, former congressional candidate and host of Adam VS The Man on AM1550 KIVA, open carries on a daily basis. He says it is because, “I have received death threats in the past as a result of political speech and prefer to rely on myself for my personal protection rather than the government. After all, when seconds count, the police are just minutes away. I also believe that responsible gun ownership is in the best interest of public safety.”


Kokesh was scheduled to return each Thursday through the end of the month for three more tapings. On Tuesday, KNME producer Kevin McDonald emailed Kokesh to say, “I hadn’t faced it before, and wasn’t sure what the policies were ahead of time, so I didn’t say anything last week… but I have done my homework and have to let you know that you are not allowed to bring your gun into the station. We are technically part of the UNM campus, and they forbid it unless you are part of ROTC or a peace officer.” In that email, he included a link to the law and the UNM policy which forbids “weapons of any kind on campus.” He also pointed out, “I want you to know that no one complained about this last week.”


Kokesh responded by email, asking permission from UNM in accordance with state law. “In light of recent events in Tucson, I think it is particularly important for someone such as myself who has received death threats in the past to be able to carry a firearm for self defense. Unfortunately, I do not meet any of the criteria under the law that you point out. Neither would a deranged shooter, but they seem to have a pattern of ignoring just these kinds of laws. . . . I would like you to ask the university to approve me to be armed while on campus for the taping as a 'university approved program' as per section A.(4) of section 30-7-2.4 of New Mexico State law. Please let me know if the university will allow me to enter the campus armed before the taping tomorrow.”


According to McDonald's response by email, UNM Police denied his request. “I did talk to the UNM police finally and they said they would not approve an exception in this case, but said you are more than welcome to call the President’s office and try there. Without that permission from the President’s office, I’m afraid I’m just not going to be able to budge. I am sorry if all this puts a damper on your desire to participate, or even forces you to decide not to, but I completely understand if it does.”


Adam Kokesh plans to attend the taping tomorrow unarmed as he is willing to take what he described as a “small risk to spread the message of freedom” during his radio show last night. “While I do not expect this to be resolved before the taping tomorrow, I will continue to seek orderly resolution of this matter by personally contacting both the UNM police and the President's office.” The taping will take place at the KNME studios on the UNM campus at 1130 University Blvd NE at 4pm today.

UPDATE: 3:10 An hour or so before I posted this blog, KNME disinvited Kokesh to be on The Line. Here's the new statement from the Kokesh camp.

After sending out the press release (above), Iraq veteran, former congressional candidate, and host of Adam VS The Man on AM 1550 KIVA, Adam Kokesh was “uninvited” from participating in the scheduled taping of “The Line” today for KNME TV. Despite receiving death threats, Kokesh was originally denied his request to legally open carry at the studios on the University of New Mexico campus, then abruptly denied his opportunity to participate in this publicly sponsored political talk program. At 11am this morning, KNME Director of Content Franz Joachim called Kokesh to inform him that because of the previous press release he was no longer welcome.

Regarding this gross disregard for public safety and freedom of speech, Kokesh said, “No Iraqi ever threatened me, but I was given a gun and told to patrol Iraq to fight for our freedoms. When I came home, fellow Americans threatened me, and I was denied my basic right to self-defense. Having a government sponsored institution making people feel unsafe to speak out politically is unacceptable.”

NRA Loves Our Dems

So you thought gun rights was a Republican issue and that the National Rifle Association, the largest gun lobby group in the country, is naturally inclined to endorse Republicans?

Think again.

The NRA’s political action committee announced Monday that it has endorsed all three incumbent House Democrats in the state’s Congressional delegation, including U.S. Rep. Ben Ray Lujan of Santa Fe.

A rival gun lobby group, Gun Owners of America, on the other hand, endorsed the three Republicans running for Congress in the state, including Lujan's opponent Tom Mullins -- a 12-year member of the NRA.

See my story in today's New Mexican.

See all the NRA's endorsements in the state HERE. See the GOA's grades of the New Mexico Congressional candidates HERE

Mea Culpa

In this week's Roundhouse Round-up column, when talking about exaggerated claims by folks on various issues, I wrote, "I haven't read about a single instance in which a concealed carrier was able to stop a rapist, attacker or any other evil-doer thanks to the law."

Sure enough, a reader has proven me wrong.

I was just directed to this 2005 Associated Press article:

ALBUQUERQUE, N.M. - One man was killed and a woman was injured during an apparent domestic dispute inside a Wal-Mart on the city's southeast side, the second time in less than a week that one of the retail giant's Western stores has been the scene of deadly violence.

Police spokeswoman Trish Hoffman said a witness told authorities that a man had been stabbing the woman inside the store when another man intervened and shot her attacker.

... "It looks like it's a possibility that the guy who shot the other man will be justified," Hoffman said. "From what witnesses are telling us, it corroborates his story that the male was stabbing the female and he intervened."

So there, I stand corrected. Don't shoot.

Roundhouse Roundup: Celebrating Food Poisoning and Other Nightmare Scenarios

A version of this was published in The Santa Fe New Mexican
August 5, 2010

I just got back from a two-week vacation, but judging from my e-mail pile, I didn’t miss very much while I was gone. In fact, a huge chunk of my mail could be boiled down into two basic messages:

1) “Nanny nanny boo boo! Republicans said something stupid.”

2) “Nanny nanny boo boo! Democrats said something stupid.”

My personal favorite was one from the state Democratic Party sent late last week.

The subject line: “In case you missed it ... Green Chile Gets the Best of Michael Steele.”

Copied and pasted was a story from CNN about the Republican National Committee chairman having to cancel an appearance at the National Association of Black Journalists because he was suffering from food poisoning. The story noted that Steele had been in New Mexico at a fundraiser for GOP gubernatorial candidate Susana Martinez the day before.

I could wring my hands about the state of political discourse falling to such a level that one party is celebrating the other party’s leader getting sick.

But I have to admit, the e-mail made me laugh.

Dire consequences: As the campaign progresses, expect the rhetoric from both sides to become increasingly overheated. But don’t expect it to stop when the election’s over. It’ll return with a bang when the Legislature convenes in January.

The next one will be a 60-day session where in addition to the state budget, all sorts of issues can be debated. And in the case of controversial social issues, advocates on both sides are prone to conjuring nightmare scenarios, which, they say, are sure to unfold if the other side gets its way.

The gun issue is one of the most emotional issues with which politicians have to deal. Both sides envision devastating consequences if the wrong move is made.

But consider this: New Mexico has had its concealed-carry law for about seven years now. And so far, there hasn’t been a bloodbath caused by gun-slinging maniacs, as some of the law’s opponents suggested would occur. In fact, I can’t think of any shootout in the state that’s happened because the concealed-carry law is in effect.

And even though it’s too early to judge the effect of the new law allowing concealed-carry license holders to take guns into restaurants that serve beer and wine, I strongly suspect that there’s little danger of an upswing of gun violence in such establishments.

On the other hand, even though the concealed-carry advocates claimed the law was necessary for honest people to protect themselves, I haven’t read about a single instance in which a concealed carrier was able to stop a rapist, attacker or any other evil-doer thanks to the law.

Speaking of gun violence, during a Senate debate on the bill that outlawed cockfighting, then-Sen. Shannon Robinson, D-Albuquerque, envisioned a situation in which police officers might shoot and kill cockfight enthusiasts fleeing from a bust.

There have been some arrests since the law went into effect in 2007. But so far the police commendably have restrained themselves from opening fire on cockfight organizers.

There has been no death penalty in New Mexico for more than a year now. We can argue whether or not there are some criminals who deserve execution. But so far, despite the implications of some capital-punishment advocates, there’s no evidence that the repeal has emboldened more people to commit first-degree murders with aggravating circumstances.

Likewise, there’s been no noticeable increase of drug addicts crawling the streets because of the state’s medical marijuana program, which has been in effect since 2007.

So no matter who wins the election, no matter what passes or doesn’t pass the Legislature next year, the sun still will rise the next day.

Shootout with Utah

If you've got a concealed-carry license from Utah, it's no longer good here in New Mexico.

According to a statement just released by the state Public Safety Department, Utah's training provisions and other aspects of Utah's license aren't as stringent as those here.

“We’ve had situations where certain concealed carry instructors in New Mexico solicit clients with the promise that if they train here and obtain a Utah license, which entails significantly less training than does a New Mexico license, it will qualify here,” said DPS Secretary John Denko. “This is incorrect, and is nothing less than an effort to circumvent New Mexico concealed carry requirements which are designed to protect the public safety while honoring individual rights under the Second Amendment of the constitution.”

Because of the problems with Beehive State licenses, the DPS plans to review the status of eighteen other states that currently have concealed-carry licenses currently recognized here on an informal basis. These states are: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Virginia, and Wyoming.

New Mexico currently has a written reciprocity agreement in place with Texas; the status of this agreement will remain unchanged, the DPS says.

Update: DPS Spokesman Peter Olson just told me that what prompted this was his agency learning about Utah firearms instructors coming to this state conducting the training and getting New Mexico residents concealed carry licenses from Utah.

Utah only requires four hours of training and no range time, Olson said. New Mexico requires 15 hours with time at the firing range. The Utah license costs $50, compared with New Mexico's $100.

Olson said there was a list at a sporting goods store in Albuquerque indicating 65 people had signed up for the Utah license class.

One More Update: Steve Aikens, a Clovis firearms instructor and an open-carry advocate, said the DPS is correct.

“This has been a problem,” Aikens said in an email. "As stated, Utah does not meet our requirements and in fact, doesn't have a handgun qualification or competence demonstration requirement, as required in our law. It is also a known fact that there are instructors that recommend a Utah permit, which is recognized in NM, because it is so widely recognized. However, it should have been recommended in addition to a NM permit, not in lieu of a NM permit .”

Final Bill Action

Gov. Bill Richardson today signed a bill to all people with concealed-carry licenses to take their weapons into restaurants with beer and wine licenses.

“My decision to sign this bill came after much contemplation and thought. I heard strong opinions from both those for and against the bill,” Richardson said in a news release. “As the governor of a western state, I know well the deep feelings that come with such a measure, but I also understand those feelings and beliefs must be tempered by the enactment of certain safeguards.”

Under current state statute and regulation, there's no clear and explicit prohibition on the consumption of alcohol while carrying a concealed weapon, the news release said. Richardson is directing the Department of Public Safety to revise its regulations to make it clear that consumption of alcohol while carrying a concealed weapon is prohibited. He's also encouraging the Legislature to consider measures to make such a prohibition unequivocal in state law.

He also signed SB182, which cancels more than 2,500 stalled capital outlay projects, saving the state an estimated $141 million.

The governor pocket vetoed the Senate's Whistleblower Protection Act, sponsored by Sen. Sue Wilson Beffort, R-Sandia Park. However, earlier he signed an identical measure by Rep. Joe Cervantes, D-Las Cruces.

Richardson still has a couple of weeks to take action on the bills dealing with the budget and taxes that came out of the special session.

Here's a list of the action he took on bills from the regular session.

Action Date – January 28

HB 1 Feed Bill (partial veto)

Action Date – February 8

HB 64 School Equalization Distribution Date Change

Action Date – February 23

SB 6 Create Additional Judgeships

Action Date - February 26

SB 12 HIV At-Risk Individual Partner Services

SB 32 DWI Chemical Test Fee Increase

SB 41 Notice to Land Grants of Nearby Surveys

SB 226 Magistrate Courts Operations Fund & Fees

Action Date - February 27

HB 112 Las Cruces Tax Increment Project Bonds

HB 165 Whistleblower Protection Act

SB 9 Space Flight Informed Consent Act

SB 95 Las Cruces Tax Increment Project Bonds

SB 279 Colonias Infrastructure Act & Fund

Action Date – March 1

SB 18 Changes to State Investment Bodies

SB 138 Limit Appraisal Management Company Fees


Action Date – March 2

HB 16 Retirement Beneficiary De-selection Option

HB 80 Mining Emergency Notice Appeals

HB 264 Indian Law Institute for Legislators

SB 59 Extend gas Tax Sharing Agreement Terms

SB 120 NMFA Securities Requirements

SB 144 Affordable Housing Tax Credit Use & Vouchers

SB 207 Public Employees Returning to Work

Action Date – March 3

HB 53 Financial Literacy as School Math Requirement

HB 63 HIV Testing for Certain Crimes

HB 81 Petroleum Storage Tank Definition Changes

HB 198 Voting System Maintenance and Storage

HB 207 Interlock Fund Eligibility

HB 233 No Solar Panels as Property Tax Improvements

SB 94 Land Grant Tort Liability Coverage

SB 129 Continue Military & Vets’ Affairs Committee

SB 264 Interim Disabilities Concerns Subcommittee


Action Date – March 4

HB 203 Business Retention Gross Tax & Gaming Tax


Action Date – March 5

HB 90 Native American Schools Dual Credit Program

HB 162 Severance Bonds for Tribal Infrastructure

SB 55 Missing Person & Amber Alert Info & Training

SB 107 Indian Arts & Craft Crime Consistencies

SB 167 Add Domestic Abuse to Missing Persons Info

SB 195 Sunshine Portal Transparency Act


Action Date – March 6

HB 15 Create Eastern NM Water Utility Authority

HB 93 Certain Auto Dealer Acts as Unlawful

SB 58 Certain Auto Dealer Acts as Unlawful


Action Date – March 8

HB 8 Development Training Funds

HB 24 Educational Opportunity for Military Children

HB 25 Online & Phone Driver’s License Renewal

HB 26 Medical-Assistance Home Program Osteopathy

HB 30 Capital Outlay Gross Receipts Restrictions

HB 37 Military Discount for Hunting Licenses

HB 38 Public Project Revolving Loan Fund Projects

HB 56 NMFA Water Fund Projects

HB 74 Charter School Oversight for 1 Year

HB 79 Tobacco Settlement Fund Distribution

HB 101 Nuclear Worker’s Assistance Fund

HB 108 Drinking Water System Financing

HB 109 Human Services Department Contractor Procedures

HB 113 Aquatic Invasive Species Control

HB 114 Postpone Fire Protection Fund Distribution

HB 120 Tax Withholding Changes

HB 127 Qualified Minors on Precinct Boards

HB 131 Consumer Reporting Info Removal for ID Theft

HB 144 Unemployment Contribution Schedule

HB 145 Qualified School Construction Bonds

HB 171 Transport of Dairy Waste for Gas Tax Credit

HB 201 Add Diseases to Tests for Newborns

HB 204 Transportation Services Definitions

HB 205 Mortgage Foreclosure Consultant Fraud

HB 216 Medical Insurance Pool High Risk Programs

HB 217 No Abuse In Resident or Care Provider Homes

HB 230 Dyslexic Student Intervention

HB 231 Disclosure of Educational Pension Amounts

HB 239 No Educational Retirement Benefit Adjustments

HB 261 Solar & Wind Energy Equipment Gross Receipts

HB 266 Unexpended Funds for NM Recovery Fund

SB 2 Domestic Violence Household Member Defined

SB 26 Create NM Domestic Violence Commission

SB 47 Economic Development Tax Incentive Changes

SB 60 Hazardous Duty Officers’ Employee Relations

SB 66 Economic Development Revolving Fund Projects

SB 70 Continuing Care Community Consumer Protection

SB 77 State Agency Credit Card Processing Fees

SB 85 School Leadership Institute

SB 87 Delay School Year & Day Length Changes

SB 91 Delay Educational Retirement Contributions

SB 97 School District Budget Flexibility

SB 100 Fire Protection Grants as Volunteer Stipends

SB 137 Alternative Driver’s License Renewal

SB 152 College Student Lists to Credit Companies

SB 162 County Gross Receipts Tax for County Projects

SB 186 Natural Heritage Conservation Act

SB 193 Fishing License For Certain Military Members

SB 200 Public Building Energy Efficiency Standards

SB 201 Electric Generating Facility Gross Receipts

SB 209 Disabled-Accessible Parking Changes

SB 234 County Hospital Gross Receipts Purposes

SB 254 Consideration of Crime Conviction for Jobs

Action Date – March 9

HB 12 Health Insurer Service Reimbursement

HB 208 Oil & Gas Tax to Reclamation Fund

HB 229 Establish Metro Court in Certain Counties

HB 237 Government Restructuring Task Force

HB 269 Utility Right-of-Way Access

SB 1 School Athlete Head Injury Safety Protocols

SB 148 No Use of Gender for Health Insurance Rating

SB 216 Repeal “Guilty But Mentally Ill” Plea


Action Date - March 10

HB 44 Health Education Required for Graduation

HB 68 Public School Capital Outlay Omnibus Bill

HB 69 Reporting of Cohort Graduation Data

HB 70 Educational Data System

HB 71 Mentorship Requirements for Level 1 Teachers

HB 150 Hispanic Education Act

HB 181 Public Utility Definitions & Cost Recovery

HB 227 School Board Finance & Audit Committees

HB 232 Standardized School Finance Reporting Dates

SB 40 Concealed Guns in Certain Restaurants

SB 111 Additional Teacher Evaluation Standards

SB 132 Hispanic Education Act

SB 134 Military Veteran Lottery Scholarship

SB 182 Capital Outlay Reversions for Solvency

SB 190 Public Utility Definitions & Cost Recovery


Vetoed Legislation (March 10)

SB 165 Delay School Athletics Equity Act

Pocket Vetoes

HB 21 School Priority for Certain Students

HB 116 Game & Fish Licenses for Military on Leave

HB 197 Severance Fund Investment in Renewable Energy

HB 247 LFC Oversight of Certain Federal Funds

SB 78 Alternative School Curricular Plans

SB 84 New School Sustainability Features

SB 96 Whistleblower Protection Act

SB 156 Human Services Department Contractor Compensation

No Guns in the Senate

This sign is on a door to the Senate gallery. It's probably left over from the debate Friday on SB 40, which would allow people with concealed-carry licenses to take guns into restaurants that have beer and wine licenses.

The bill passed the Senate 27-15 and goes on to the House.

And best of all it yielded two "Quotes of the Day" for today's New Mexican:

"This a crazy bill. Part of a national campaign by the NRA to broaden the use of concealed weapons."

— Sen. Eric Griego, D-Albuquerque, on the New Mexico Independent's live blog Friday, talking about SB 40, which would allow

"I believe that if more people carry guns, we will have less crime."

— Sen. David Ulibarri, D-Grants, on the Senate floor during the debate of the gun bill.