City of Albuquerque
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File #: R-20-68   
Type: Resolution Status: Failed
File created: 6/15/2020 In control: City Council
Final action: 9/9/2020
Enactment date: Enactment #:
Title: Urging The New Mexico Legislature To Authorize An Election On A Proposed Amendment To Article II, Section 6 Of The Constitution Of The State Of New Mexico (Benton, Gibson)
Attachments: 1. R-68
Date Action ByActionResultAction Details
9/9/2020 City Council PassedFail Action details
8/17/2020 City Council Accepted Without Recommendation  Action details
8/10/2020 Finance & Government Operations Committee Sent to Council Without RecommendationPass Action details
6/15/2020 City Council Introduced and Referred  Action details
6/15/2020 President Referred  Action details

CITY of ALBUQUERQUE

TWENTY FOURTH COUNCIL

 

 

COUNCIL BILL NO.            R-20-68                ENACTMENT NO.   _____________________

 

SPONSORED BY:                       Isaac Benton & Diane Gibson

 

 

RESOLUTION

title

Urging The New Mexico Legislature To Authorize An Election On A Proposed Amendment To Article II, Section 6 Of The Constitution Of The State Of New Mexico (Benton, Gibson)

body

WHEREAS, Article II, Section 6 of the New Mexico Constitution was amended by popular vote in November of 1986, in a manner that apparently diminished municipal authority to address firearms issues at the local level (the “1986 Amendment”); and

WHEREAS, while the City recognizes the present Constitutional right of citizens to keep and bear arms, the 1986 Amendment appears to impose a one-size-fits-all approach for all localities within the state despite the vast differences in population concentrations and other factors amongst various cities and areas of the State, and has largely eliminated local discussion and self-determination on many aspects of this this issues since that time; and

WHEREAS, over thirty years has passed since the 1986 Amendment, and attitudes and perspectives can change drastically over that amount of time; and

WHEREAS, it is now timely for the citizens of New Mexico to once again consider whether the 1986 Amendment should remain in place; and

WHEREAS, the New Mexico Constitution may be amended only by a popular vote on a proposal approved by the Legislature; and

WHEREAS, the legislature may propose constitutional amendments during any regular session.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

Section 1.  REQUEST OF LEGISLATURE.  The City of Albuquerque requests and encourages the 2021 New Mexico State Legislature to pass a proposal that authorizes the voters of New Mexico to consider whether or not to repeal the 1986 Amendment.

Section 2.                     SEVERABILITY.                     If any section, paragraph, sentence, clause, word, or phrase of this resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this resolution.  The Council hereby declares that it would have passed this resolution and each section, paragraph, sentence, clause word phrase irrespective of any provisions being declared unconstitutional or otherwise invalid.