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Monday, January 29, 2024

Watching For A Surprise: Guv Gun Bills Get Early Traction As Cervantes Sides With Progressives; Pro-Gun Forces Push Back, Plus: APD Scandal Watch; Bregman Returns Questionable Donation, And: DA Race Sees Progressive Candidate Take On Both Foes Over Scandal 

Cervantes and MLG
There was considerable speculation at the start of the legislative session that MLG's push for tougher gun laws would have a difficult time passing given past resistance by conservative Dems. But the session might deliver a surprise. 

A 14 day waiting period before a gun sale becomes final--among the longest in the nation--has passed the House Consumer and Public Affairs Committee on a 4 to 2 vote as well as the Senate Health and Public Affairs Committee. 

The Senate committee action on SB69 on a 5 to 3 vote won extra notice because Senate Judiciary Committee Chairman Joe Cervantes, often an ally of conservative Dems, is sponsoring the measure with Dem state Rep. Andrea Romero carrying the House version.

In the House conservative Dems led by Rep. Patty Lundstrom appear helpless to stop the bill in that  progressive body. The Senate is the battleground. 

Supporters argue the longer waiting period would save lives taken by impulsive acts of suicide and domestic and other violence The R's argue it would simply thwart legal gun owners while the illegal purchase of guns continue. 

PRO-GUN PUSHBACK

This swift early action on the waiting period bill and several others endorsed by the Governor caught the attention of the opposition and pushback is underway. Blog reader Mike in ABQ's NE Heights sums it up:

Hi Joe, In reference to your Jan. 16 blog post I pray the analysis is correct about the GOP forming a coalition to stop the major gun control bills this year. From the perspective of this former Marine, and 20-year plus gun owner, it's getting damn ugly in this state. 

Five years ago the Roundhouse wouldn't even draft anything near the scope of this year's legislation. I hope that this is a few legislators making noise, but pushing bills through two House committees and toward a floor vote in five days sends a message. All of it is an affront to gun owners.

Rep. Andrea Romero
Nationwide the Dems are now mask-off about their desire to severely curtail gun ownership. Look no further than IL, MA, WA, and the White House. Powerful and wealthy interests are pushing gun control nationwide and MLG is still trying to make a name for herself by pushing gun bills in an election year. 

Many of these bills are handed to Democratic legislators by special interests in the same way that the Federalist Society or Chamber of Commerce hand legislation to Republicans. None of this has anything to do with reducing gun violence or death; it's power politics.

I've seen too many states fall off the gun control cliff to simply dismiss all of this year's bills as election-year pandering. There's a reason the House bills were routed through committees controlled by Reps Romero, Ferarry, and Chandler. 

There's a reason that Sen. Cervantes, who seemed critical in stopping such bills last year, is now giving his blessing in Senate Judiciary. 

You are right about the stunning increase in gun ownership since 2020, especially among minority and female populations; a parallel to that is the explosion of permitless carry states (27 now). I get the sense that legislators are being directed to not notice that. 

I might still be surprised and maybe only something like Sen Wirth's bill banning guns at polling places passes or you might be surprised and the progressive Dems power make NM into California in one month. 

Thanks, Mike. While the special interests nationally have a role in the anti-gun legislation New Mexico's extreme gun violence, as cited repeatedly by the Governor, is also playing a part in the easier path we're seeing for the legislation. 

ANALYSIS, PLEASE

As for Sen. Cervantes, his failing to come to the rescue is significant. Some Roundhouse wall-leaners attribute this to the growing power of progressive Democrats in the state's cities, including Las Cruces where Cervantes hails from. He could be concerned about attracting a progressive candidate to run against him in the June primary. 

Also, we have a two-term Governor who is not quite a lame-duck, who has a deeper understanding of the legislative process and who has gone all-in on gun control. 

Earlier prognostications stated here that the GOP could join with conservative Dems to stop the bill requiring longer wait times for gun purchases--and other gun control measures--will be put to a full test. 

APD SCANDAL WATCH

Keller & Medina
Among the latest developments is the return of a $1,000 campaign contribution made to District Attorney Sam Bregman by attorney Tom Clear whose office was raided by the FBI in connection with the investigation into APD's DWI cops gone bad. 

Bregman was first called out on your blog for accepting the donation by Dem primary opponent and former US Attorney Damon Martinez. Bregman says he gave the money back before the demand from Martinez but he still took a hit for taking it in the first place. He told TV news:

The campaign refunded the contribution made on June 12th last year. We sent a check back to the attorney last Friday, January 19th, for the full amount of the contribution. Having worked in the legal profession for decades, District Attorney Bregman was an acquaintance with the attorney. Without compromising an ongoing investigation, DA Bregman returned the contribution as soon as possible.

Will ABQ Chief Harold Medina survive the scandal? He continues to get the full backing of Mayor Keller but the question is being raised and was raised here even before the scandal. From a newspaper editorial:

. . .Readers are saying the inevitable: it’s time for a change at the top. You can’t fire the mayor, so Medina, whom Keller elevated to permanent chief in March 2021, is under heavy scrutiny. “It’s time for a new chief of police,” wrote a writer. “Someone who will not stand in the shadow of the mayor’s office. We need an individual who will run APD instead of the mayor.” Medina said it was unclear if more officers or personnel were involved in the alleged scheme. It had better become clear if APD hopes to regain public trust, and Medina hopes to retain his job.

SCANDAL FOCUSED DA RACE

Matthias Swonger
Damon Martinez and Bregman aren't the only ones seeking the Democratic nomination for BernCo DA. Matthias Swonger, a veteran of the Public Defender's office, is the progressive candidate in the race. He comes with this statement for the blog: 

The corruption scandal allegedly involving APD DWI officers and a private defense attorney has brought new urgency to the DA race. . .The public’s already precarious trust in the criminal justice system and legal profession has been severely damaged. The outcome of the race will have far reaching consequences. . .

Sam Bregman represents a continuation of the status quo that is unacceptable. Much of his career prior to becoming DA involved defending officers in criminal and misconduct matters, and as DA he has only reduced transparency and accountability by removing the names of officers with credibility issues from the DA’s website. His office apparently failed to rigorously track their cases in a way that would have allowed them to raise the alarm when DWI cases continued to be dismissed due to officer non-appearances. Mr. Bregman’s failure to hold wrongdoers accountable and the fact that the attorney being investigated in the corruption scandal donated $1,000 to Mr. Bregman’s campaign raise serious doubts that Mr. Bregman can rise to the task of restoring trust in our criminal justice system. 

Damon Martinez is likewise an out of touch career political insider whose involvement in APD reform efforts as US Attorney and as an employee of APD where he was responsible for writing APD policies, has failed to uncover the corruption at APD. To the extent that Mr. Martinez has articulated a platform for his candidacy, he plans to double down on the failed war on drugs and to seek longer prison sentences for non-violent drug offenses. He is a non-starter for many progressives and people of color because of his role in overseeing a sting operation that primarily targeted racial minorities for low level offenses while he was serving as US Attorney. 

In these difficult times, when our community is shaken by scandal. . .we cannot afford to have either of these individuals represent the interests of the State in criminal proceedings in Bernalillo County. 

I’ve spent the past 11 years working as an attorney with the public defender’s office, working on the front lines to bring our impacted communities the justice and support they deserve. . .I know that we all aspire to live in a safe, fair, and inclusive community where everyone is valued and treated fairly. I am the only candidate who is a political outsider, and the only candidate running on a platform of meaningful reform. 

The APD scandal makes this race for DA tighter than the lug nuts on a lowrider's 56 Chevy. 

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