Santa Fe County vs State Constitution Preemption Clause

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Communications Coordinator Kristine Mihelcic
Santa Fe County, NM

Dear Ms. Mihelcic

Good morning.

Over the weekend I sent the following email to the Sheriff and the County attorney. This morning I spoke to Ms. Gurule in the attorney's office. She said my message had been forwarded to a county attorney but if I wanted a response, I would have to contact the county manager. So I am contacting you.

My question remains. I am concerned that the firearms part of ordinance 2001-1 as posted on the Rail Trail is, in my understanding, in conflict with the state's preemption clause. Is the county enforcing this provision? Has anyone considered this question?

I would appreciate some guidance on this matter.

thank you,

Khal Spencer
Santa Fe

-------- Original Message --------
Subject: Santa Fe County Ordinance 2001-1 and the New Mexico State Constitution Preemption clause
Date: 2018-08-12 14:37

Dear Sheriff Garcia or County Attorney's Office (Robin Gurule):

I'm not sure of whom to ask this, but the sign on the trailhead said to call the Sheriff with questions or concerns. So here goes, and I'll copy the county attorney as well.

Today I was riding my bicycle out to the Santa Fe Rail Trail for a ride to Lamy and got to the trailhead south of Rabbit road where the Rail Trail becomes unpaved. I saw a large sign at the trailhead fence that said no firearms allowed. It referenced County Ordinance 2015-6.

On returning home, I looked up 2015-6 which has nothing about firearms but refers back to Ordinance 2001-1, which says in part:

"...It shall be unlawful to carry or discharge into any County park, trail, or open space area firearms or projectile weapons or explosives of any kind..."

But the New Mexico State Constitution says in Article II, Sec 6 "No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

I understand that the county can ban the discharge of a weapon due to safety considerations but was surprised about being able to ban mere possession on a trail because that seems to conflict with the state constitution's preemption clause. So the bottom line, I suppose, is to ask you whether that ordinance is being enforced, whether there is a loophole in preemption clause of the state Constitution allowing firearms prohibition in parks or on trails, or if no one has asked the question yet? Since I am not a lawyer, I have no idea of the answers to any of those questions.