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Before he arrived at her house in Albuquerque, New Mexico, Salgado’s 16-year-old daughter, Alexia Rael, came home and, with her out-of-town older sister on the phone, dropped a bombshell accusation: The boyfriend – a 52-year-old bank manager – had molested them both for years. Stunned, Salgado kicked Bradley Wallin, her partner of a dozen years, out of the house that night.

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Perhaps the starkest example of the unfulfilled promise of red flag laws is New Mexico, where two mass shootings in May left a total of six people dead and 11 wounded. Since its enactment in 2020, New Mexico’s red flag law has been invoked less than 35 times.

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“It’s not being used in any meaningful way,” said Sheila Lewis, a gun-safety advocate who works with the nonprofit group New Mexicans to Prevent Gun Violence, referring to the law. “It’s really depressing.”

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“It infuriates – me the fact that they didn’t lead me to the correct path,” said Salgado, 45, who works as a finance manager at an auto dealership. “He’s not in his right mind if he’s molesting people. He shouldn’t have possession of those guns.”

During the investigation, Salgado said she didn’t just tell deputies about Wallin’s guns, she showed them.

“They came into the bedroom and they said, ‘Well where is his stuff?’” she told 【 - Free Professional Portfolio Management 】. “And I opened the drawer, where his underwear drawer was – where the guns were.”

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“The least we could do is petition,” he told 【 - Free Professional Portfolio Management 】. “Anything to cause a hurdle (to committing violence) or anything to cause a cooling down period is what’s most important to me as a sheriff.”

Home to sprawling ranching counties, high poverty and border regions with rampant drug trafficking, New Mexico has more than its share of public-safety challenges.

Of the 21 states (and District of Columbia) that have a red flag law in place, New Mexico is by far the most gun-violent.

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“It is the West,” said state Rep. Joy Garratt, a Democrat who was among the sponsors of the bill that became the red flag law. “People live in isolated ranches and they have guns and rifles.”

Last summer, President Joe Bidensigneda landmark piece of gun-safety legislation setting aside $750 million for states that implement initiatives such as passing or strengthening red flag laws.

It’s too soon to say whether New Mexico’s share of that money – $2.85 million – will boost usage of the law, which enables judges to order respondents to relinquish their weapons within 48 hours.

But the state’s faltering rollout of the red flag law is a case study that illuminates three of the great challenges for the measures across America: spreading public awareness, ensuring ease of use for citizens and getting buy-in from the very law enforcement agencies that are often charged with handling the cases.

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In one email, a media liaison from the NRA Institute for Legislative Action offered to rejigger a statement from the then-president of the New Mexico Sheriff’s Association, Tony Mace, into a piece for a newspaper.

“Hello Tony!” she wrote. “Would you be interested in having me reformat your statement and turn it into a guest column format that you can submit to the Albuquerque Journal?”

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Law enforcement in other states have pledged not to enforce red flag laws, including Colorado andMichigan. But the recalcitrance has been particularly extreme in New Mexico.

In 2019, before the red flag proposal was passed and signed, 29 of the state’s 33 sheriffs signed a declaration of opposition against it and other gun-safety bills. This resulted in at least25 countiespassing “Second Amendment Sanctuary resolutions” to express support for sheriffs who spoke out against – and in some cases refused to recognize – gun-safety measures.

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“These red flag bills are just a backdoor gun-confiscation legislation,” Mace, who has since become a magistrate judge, said on a pro-gunpodcastin 2019. “If I have to go to the judge and get held in contempt of court to prove a point, I’m ready.”

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But he noted that the laws could be vulnerable on constitutional grounds under the current US Supreme Court, which expanded Second Amendment protections last year ina landmark decision.

“If the court is sincere about its view that only those gun laws that are consistent with the gun laws of the 17- and 1800s are constitutionally permissible, then red flag laws are certainly likely to be called into question eventually,” he said.

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“The resistance towards the law, I don’t believe that’s appropriate,” he said. “I don’t think we can pick and choose our laws within law enforcement.”

It’s difficult to know the extent to which sheriffs in Second Amendment sanctuaries are refusing to recognize the red flag law in New Mexico. But more than three years after the law’s inception, precious few red flag cases – just two to date – have been brought to the courts by a sheriff department in a Second Amendment Sanctuary county, according to 【 - Free Professional Portfolio Management 】’s analysis.

Defiant sheriffs haven’t been the only institutional barrier to more frequent use of New Mexico’s red flag laws. So have stickler judges.

Each red flag case generally involves two rulings by civil judges: whether to make a decision to remove a person’s guns for a period of about 10 days, and whether – after the emergency removal – to extend that weapons ban for a year. The latter decision happens at a hearing that includes the respondent.

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In addition to having an abysmal attendance record and getting suspended for bringing knives to campus, the student had guns at home – one of which he used to kill prairie dogs – and made students and teachers afraid with frequent insinuations about shooting up the school, according to court documents.

For instance, the teen – who told the officer that his comments were made in jest – assured friends that he’d tell them to wear yellow beforehand, presumably so he wouldn’t aim at them during a school shooting.

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Former state Rep. Daymon Ely – another sponsor of the successful red flag bill – wasn’t familiar with the ruling, but he said if a school principal and police officer found the situation sufficiently alarming to put their names on the line about a potential school shooting, the court should err on the side of listening to them.

“This idea that you got to wait until the kid actually comes to class with a gun and starts shooting, then you can do something, is just irresponsible,” said Ely, who retired his seat early this year. “What’s the flip side? That the kids should be free to be able to go to school and threaten everybody and there’s no consequences to that? I’m sorry, but yes, of course, you get in there and you solve the problem before it becomes a fatal problem.”

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LaMar’s rejections in all three of those cases cite her belief that the people initiating them were not authorized to do so under the state’s red flag law. Her denial of the one-year order in the fourth case – which is sealed from the public – is being challenged by the state.

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In the three publicly available cases that LaMar rejected, the individuals making the initial request to remove a person’s weapons were a psychiatrist, a police detective and a physician; none of these professions is included in the list of examples in the statute. LaMar’s rulings are in conflict with a 2021 opinion issued by the state’s attorney general, who stated that “any person” can make an initial request. (Importantly, this includes law enforcement officers themselves.)

“The statute is the statute; it’s very specific,” she told 【 - Free Professional Portfolio Management 】. “I don’t read ‘includes’ in the statute as opening the door to anyone and everyone, because when that was discussed and passed, I’m sure that came up. And it’s been limited to this list of people.”

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In the Wallin case, the institutional confusion about red flag laws also seems to have played a role in how a nonprofit group of lawyers that work with domestic violence victims didn’t seek to use the statute to remove Wallin’s guns.

Jennifer Kletter, an attorney with New Mexico Legal Aid, helped Vanessa Salgado file a domestic restraining order against Wallin. In that document, dated April 4, 2022 – a little over a month before the murder-suicide – Salgado listed Wallin’s two handguns, a 9 mm and a .380 Ruger, and wrote that he had threatened her daughter.

Kletter also told 【 - Free Professional Portfolio Management 】 that after reporting the sexual abuse, Salgado’s daughter, Rael, had created a “safety plan” in which she said she felt safer if she was accompanied at all times by her 16-year-old cousin, Mario Salgado-Rosales, who would also be murdered by Wallin in the parking lot.

But despite Rael’s apparent fear of Wallin, Kletter didn’t inform Rael’s mother of the red flag option when working on the restraining order with her. Kletter told 【 - Free Professional Portfolio Management 】 this is because she doesn’t believe law enforcement officers would have followed through with filing it.

Kletter added that, even if a case had been filed, she believes Wallin would have won a red flag case in court, given his lack of a criminal history and other factors listed in the statute.

But Lewis, the gun-safety advocate – who is also a lawyer – strongly believes a red flag order should have been filed in Wallin’s case, especially in light of how the court had granted Salgado and her daughter a short-term, emergency restraining order against Wallin after the initial accusation.

“One of the most significant triggers for people who are at risk of using a firearm is getting served with a domestic violence order of protection,” she said. “So that would certainly make it clear to the court that the danger was imminent.”

“I knew it existed at the time. And as her attorney, I did not know how she would go about doing that,” she said. “And that’s a fault on my part.”

Lackluster pickup of the law is also the product of ignorance – on the part of the general public and law enforcement alike.

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But the recent uptick is largely the product of a single unit within the Albuquerque Police Department, which sits in Bernalillo County, one of the few New Mexico counties that has not declared itself a Second Amendment Sanctuary.

Commander Matt Dietzel heads up that unit, called Crisis Intervention, which handles mental health calls.

For the first couple years of the red flag law’s existence, Dietzel’s unit filed zero cases. The reason: He, much like Judge LaMar, thought only certain people – such as family members – could initiate the red flag process. When he learned about the AG’s opinion that anyone – including law enforcement – could do so, it was a game-changer.

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Dietzel believes New Mexico’s law has flaws. For instance, he wishes judges were available 24/7 to make emergency approvals after business hours – when they are often needed most urgently – as is the case in Maryland.

“We’ve had a couple of really, like – if we hadn’t acted, I’m pretty sure they would have committed a mass shooting,” he said.

In one, a US Army infantry veteran with PTSD and a violent criminal history who’d made repeated threats to shoot up a large church – including a text message to a pastor saying “ILL KILL YOU ALL” – slipped into the back door of the building on a Sunday last July dressed in camouflage. Somebody called the police, who took the man to a psychiatric hospital and filed a red flag case that resulted in the relinquishment of the man’s AR-15 style assault rifle and two semiautomatic handguns.

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“We’re not suggesting that all 600-plus of these cases that we identified would have – were it not for ERPO – gone on to result in multiple people being shot and/or killed,” said Shannon Frattaroli, a lead author of the study. “But even if a small percentage of those (shootings) didn’t happen as a result of ERPO, that’s pretty good.”

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“Law enforcement can be our greatest allies with regard to red flag laws,” Frattaroli said. “Once they roll up their sleeves and learn about what these laws actually do – once they learn that these laws are very similar to the laws that are in place with regard to domestic violence protections – people see the potential to improve community safety.”

Experts still don’t know whether red flag laws have measurably moved the dial on gun deaths, mostly because the statutes are so new. The vast majority came into existence after the 2018 school shooting in Parkland, Florida.

However, some academic research has shown lower-than-expected rates of firearm suicide in states with the oldest red flag laws.

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It wasn’t until the middle of 2022 that the Albuquerque Police Department – through Dietzel’s unit – would initiate its first red flag case.

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“At the time, with everything that was going on,” he said, “I’m not saying that I wanted to kill myself, but it was probably best that I don’t have guns.”

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