Shield Sheriffs From Red Flag Lawsuits
LAS CRUCES, NM- A candidate for New Mexico’s open U.S. Senate seat is proposing federal legislation to override the controversial red flag statute Governor Lujan Grisham signed into law in February.
Republican candidate Dr. Gavin Clarkson said, “New Mexico’s Red Flag law is the most extreme in the nation because it allows people to sue the County Sheriff personally for not enforcing it.”
“On my first day in office as your next U.S. Senator,” Clarkson said, “I will introduce federal legislation to eliminate this self-serving payoff to trial lawyers."
Under Clarkson’s proposed POSSE Act (Protecting our Sheriffs from Spiteful Enforcement), any sheriff, deputy, or other law enforcement officer would be able to remove a Red Flag tort claim to federal court, and federal courts would be barred from taking any action other than dismissal until the U.S. Supreme Court rules on the constitutionality of the underlying state statute. Congress has the power to limit the jurisdiction of federal courts under Article 3, Section 2 of the U.S. Constitution.
Clarkson has previously voiced support for the Second Amendment sanctuary county movement and for sheriffs vowing not to enforce extreme risk protection orders that he says “shred fundamental rights given by God that are guaranteed by the U.S. Constitution.” His campaign has been endorsed by Gun Owners of America.