Criminal defense attorney Kelly Golightly, who isn’t involved in the Brown case, said in a phone interview Thursday the new law hasn’t been tested in New Mexico’s courts yet, making it ripe for challenge.
Golightly called the law a roundabout approach by the state to regulating a right that is protected by the U.S. Constitution.
“The bill was supposed to be about taking common sense steps to protect our kids,” she said. “But guns in a house are legal ... it’s a Second Amendment-protected right. People who have guns do so because they are American citizens, and they are allowed to ... and now, instead of going after the issue, we are trying to limit law-abiding citizens from being able to house these same weapons they able to hold.”
If Brown were her client, Golightly said, she’d be asking “What act did my client do or fail to do that was illegal?
“A law needs to put people on notice their actions are criminal,” she added. “So what was criminal? There is a lot to be asked about this. At what point does our right to bear arms become infringed upon when we say, ‘Yes, you have the right to have a gun, but you can’t use the gun because you kept it so thoroughly away from yourself and your family that nobody can access that gun?’ I think there is a big question there.”
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