SB5 prohibits the possession of firearms within specific distances of polling places during elections. Specifically, individuals are barred from carrying loaded or unloaded firearms within 100 feet of the entrance to a school-based polling location on election day, within 100 feet of the entrance to other polling places, and within 50 feet of postal collection boxes or monitored secured containers.
The New Mexico State Senate passed SB5 on January 30, 2024 by a vote of 26 to 16. We have assigned pluses to the nays because this bill directly violates the Second Amendment, which clearly states, “the right of the people to keep and bear Arms, shall not be infringed.” By prohibiting the possession of firearms near polling places, SB5 imposes unconstitutional restrictions on law-abiding citizens. Nowhere does the Constitution grant the government the authority to dictate where individuals may exercise their right to bear arms, making this legislation an unjust infringement on fundamental freedoms.
