NMPGV Faces Formal Investigation
In a recent turn of events, New Mexicans to Prevent Gun Violence (NMPGV) faces a formal investigation over potential violations of New Mexico’s gun laws. San Juan County Sheriff R. Shane Ferrari has initiated the inquiry after citizens raised concerns, explicitly focusing on the group’s gun buyback program and its adherence to State Law 30-7-7.1.
Sheriff’s Formal Investigation
In a Facebook post, Sheriff Ferrari affirmed his commitment to investigating complaints against NMPGV. The Sheriff is particularly interested in determining whether the gun buyback program violated the state law that prohibits the unlawful sale of a firearm without a background check, as outlined in New Mexico State Law 30-7-7.1.
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Allegations and Sheriff’s Statement
Allegations suggest that NMPGV might have exchanged gift cards for firearms without conducting the mandatory background checks required by law. The Sheriff’s statement emphasized thoroughly examining the gun buyback program to ensure compliance with the legal framework.
History of Similar Incidents
This incident is part of a larger pattern where advocates for gun control inadvertently find themselves entangled in legal complexities. Past cases, such as David Gregory’s 2012 incident and allegations against producers of a Katie Couric documentary in 2016, underscore the challenges faced by those advocating for stricter gun control measures.
Door-to-Door Buyback Event
NMPGV conducted a private door-to-door gun buyback event in Farmington, New Mexico, after canceling an official buyback in partnership with the City of Farmington. The decision to proceed with a private buyback reflects the group’s commitment to its cause despite public opposition.
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Legal Implications of Gun Law
The investigation spotlights potential legal ramifications for NMPGV, considering the backdrop of New Mexico’s universal background check statute signed into law in 2019. The law mandates a federal background check for any firearm transfer, encompassing commercial and private transactions.
Exemptions and Sheriff’s Perspective
Sheriff Ferrari raises critical questions about NMPGV’s compliance with background check requirements. The narrow exemptions in the law, limited to law enforcement, valid federal firearms licensees, and transfers between immediate family members, intensify the scrutiny of the group’s actions.
NMPGV’s Response and Criticism
Despite the ongoing investigation, NMPGV remains silent in response to requests for comment. However, the group took to social media to criticize the investigation, asserting that their buyback procedures do not constitute a firearms transfer under the law.
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Firearms Dismantling and Scrutiny
NMPGV’s claim that they dismantle collected firearms to render them inert raises further questions. Sheriff Ferrari is scrutinizing the process, considering that improper dismantling could breach federal law and create additional legal complications.
ATF Guidelines and Federal Law
To assess the potential legal consequences, Sheriff Ferrari emphasizes the specific guidelines set by the ATF for proper firearm destruction. The guidelines require a minimum of three separate cuts in critical locations, ensuring the firearm is rendered unusable and in compliance with federal regulations.
Rare Prosecutions for Improper Deactivation
While federal prosecutions for improperly deactivating firearms are infrequent, Sheriff Ferrari underscores the importance of investigating the matter thoroughly. The Sheriff has forwarded pertinent information to state officials and is awaiting their opinion on the legality of NMPGV’s gun buyback program.
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Sheriff’s Awaited Response
Sheriff Ferrari remains steadfast, stating, “I’m awaiting the District Attorney and the Attorney General’s opinion on whether ‘New Mexicans to Prevent Gun Violence’s’ gun buyback program is operating lawfully.” The anticipation of legal opinions reflects the complexity of the situation.
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