Baca v. New Mexico Department of Public Safety

2002 NMSC 017, 47 P.3d 441, 132 N.M. 282
CourtNew Mexico Supreme Court
DecidedJune 4, 2002
Docket27,149
StatusPublished
Cited by17 cases

This text of 2002 NMSC 017 (Baca v. New Mexico Department of Public Safety) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baca v. New Mexico Department of Public Safety, 2002 NMSC 017, 47 P.3d 441, 132 N.M. 282 (N.M. 2002).

Opinion

OPINION

PER CURIAM.

{1} Petitioner Jim Baca, invoking this Court’s constitutional power of original jurisdiction in mandamus, seeks a writ of mandamus prohibiting the Department of Public Safety from enforcing the provisions of the Concealed Handgun Carry Act, NMSA 1978, § 29-18-1 to -12 (2001). See N.M. Const, art. VI, § 3 (establishing this Court’s original jurisdiction in mandamus). Petitioner contends that the Act violates Article II, Section 6 of the New Mexico Constitution because, he argues, this constitutional provision prohibits the carrying of concealed weapons. Alternatively, Petitioner argues that the Act is unconstitutional because it permits local governments to regulate an incident of the right to bear arms in conflict with Article II, Section 6. We conclude that the Act unconstitutionally allows municipalities and counties to regulate an incident of the right to bear arms and thus issue the writ of mandamus on this basis. As a result, we need not reach the argument that Article II, Section 6 prohibits the carrying of concealed weapons.

I. Standing

{2} Petitioner initially filed his petition in his individual capacity as well as in his official capacity as Mayor of the City of Albuquerque. Following oral argument, this Court directed the parties to brief several specific questions. During this additional briefing, Martin J. Chavez succeeded Petitioner as Mayor of Albuquerque. Mayor Chavez then moved to substitute himself as public officer pursuant to Rule 12-301(C) NMRA 2002 and to strike the petition on the ground that it no longer represented the position of the Mayor of Albuquerque. In response, Petitioner contended that we should not dismiss the petition because he has standing to pursue the matter in his individual capacity. We granted Mayor Chavez’s motion to substitute based on Rule 12-301(C) and now permit him to withdraw as a party due to his rejection of the petition. However, we have denied Mayor Chavez’s motion to strike the petition based on our decision to confer standing on Petitioner to maintain this action in his individual capacity due to the importance of the issues involved.

{3} Petitioner seeks to invoke this Court’s original jurisdiction in mandamus. “Assuming mandamus would otherwise lie, we exercise our power of original jurisdiction in mandamus if the case presents a purely legal issue that is a fundamental constitutional question of great public importance.” County of Bernalillo v. N.M. Pub. Regulation Comm’n (In re Adjustments to Franchise Fees), 2000 NMSC 035, ¶ 6, 129 N.M. 787, 14 P.3d 525. “We have recognized mandamus as a proper proceeding in which to question the constitutionality of legislative enactments.” State ex rel. Sego v. Kirkpatrick, 86 N.M. 359, 363, 524 P.2d 975, 979 (1974). In this context,

it has been clearly and firmly established that even though a private party may not have standing to invoke the power of this Court to resolve constitutional questions and enforce constitutional compliance, this Court, in its discretion, may grant standing to private parties to vindicate the public interest in cases presenting issues of great public importance.

Id. This Court is not alone in its recognition of an exception to standing in cases involving questions of great public importance. See Pele Def. Fund v. Paty, 73 Haw. 578, 837 P.2d 1247, 1268-69 (1992) (“This court has repeatedly demonstrated its fundamental policy that Hawaii’s state courts should provide a forum for cases raising issues of broad public interest, and that the judicially imposed standing barriers should be lowered when the ‘needs of justice’ would be best served by allowing a plaintiff to bring claims before the court.”) (footnote omitted); Nat’l Parks & Conservation Ass’n v. Bd. of State Lands, 869 P.2d 909, 913 (Utah 1993) (“This standard recognizes the need to have issues of great public importance resolved in compliance with the law when a court can act within its institutional and constitutional limitations.”). See generally Jolley v. State Loan & Inv. Bd., 38 P.3d 1073, 1078 (Wyo.2002) (“The doctrine of great public interest or importance should be applied cautiously....”).

{4} We believe that the validity of the Concealed Handgun Carry Act raises a constitutional question of fundamental importance to the people of New Mexico. Thus, “[w]e simply elect to confer standing on the basis of the importance of the public issues involved.” Kirkpatrick, 86 N.M. at 363, 524 P.2d at 979. Considering the importance of the questions raised in the petition, “[mjore limited notions of standing are not acceptable” in the present case. State ex rel. Clark v. Johnson, 120 N.M. 562, 569, 904 P.2d 11, 18 (1995). We therefore proceed to consider Petitioner’s request for writ of mandamus.

II. Constitutionality of the Concealed Handgun Carry Act

{5} Petitioner contends that the Concealed Handgun Carry Act violates Article II, Section 6 of the New Mexico Constitution. This constitutional provision states:

No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

N.M. Const, art. II, § 6 (as amended 1986) (emphasis added). Because the Act requires the Department of Public Safety to promulgate a rule providing “authority for a county or municipality to disallow the carrying of a concealed handgun within the limits of the county or municipality,” NMSA 1978, § 29-18-11(D) (2001), Petitioner, contends that the Act violates the last sentence of Article II, Section 6, as quoted above. We agree.

{6} The Act purports to allow municipalities and counties to prohibit the carrying of concealed weapons and, in so doing, delegates to them the power to regulate an incident of the right to keep and bear arms. The broad language in Article II, Section 6 of our Constitution prohibiting municipalities and counties from regulating an “incident” of the right to keep and bear arms “in any way” indicates an intent to preclude piecemeal administration at a local level and to ensure uniformity in the regulation of firearms throughout the State of New Mexico. Section 29-18-ll(D) directly conflicts with the prohibition against local regulation in Article II, Section 6. Therefore, this provision is unconstitutional.

{7} The Department argues that the carrying of concealed weapons is not an incident of the right to bear arms because Article II, Section 6 specifically excludes the carrying of concealed weapons from its reach. Therefore, according to the Department, the Act’s delegation of authority to the counties and municipalities is permissible. We are unpersuaded.

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Bluebook (online)
2002 NMSC 017, 47 P.3d 441, 132 N.M. 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baca-v-new-mexico-department-of-public-safety-nm-2002.