This should be grounds to prosecute the legislature, on multiple levels. You see the State Constitution comes into play. ART II, Sec. 6. [Right to bear arms.]
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.
Let me reiterate the key portion here: NO LAW SHALL ABRIDGE THE RIGHT OF THE CITIZEN TO KEEP AND BEAR ARMS FOR SECURITY AND DEFENSE. Such a ban does indeed bar the right to keep and bear arms, but let us look further into the Constitution.
Art XVIII, Section 1. [Composition, name and commander in chief of militia.]
The militia of this state shall consist of all able- bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or of this state. The organized militia shall be called the “national guard of New Mexico,” of which the governor shall be the commander in chief.
Art XVIII, Sec. 2. [Organization, discipline and equipment of militia.]
The legislature shall provide for the organization, discipline and equipment of the militia, which shall conform as nearly as practicable to the organization, discipline and equipment of the regular army of the United States, and shall provide for the maintenance thereof.
So the militia in Sec 2, which *isn’t* restricted to the organized militia, by law is supposed to be equipped as the US Army is. — That necessarily includes the “assault rifles” which are in question here. Also note that ALL able-bodied male between 18 and 45 is, by default, a part of the militia. — This is part of the constitution, which cannot be altered by normal legislative act.
— BUT WAIT, THERE’S MORE!! —
Art II, Sec. 16. [Treason.]
Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Let us assume that disarming the militia is indeed providing aid and comfort to enemies of New Mexico, which as we just saw is the case and make such an overt act. Then the signatures of the act are, themselves, witness against those passing it. Some will say that the legislature is immune from arrest, shall we see?
Art IV, Sec. 13. [Privileges and immunities.]
Members of the legislature shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their re- spective houses, and on going to and return- ing from the same. And they shall not be questioned in any other place for any speech or debate or for any vote cast in either house.
Oh, well there it is, they are NOT exempt of arrests for treason.