Lea County residents will vote next week on a modest gross receipts tax hike that would create a dedicated fund to defend against state legislation viewed as violating the Constitution’s protection of the right to keep and bear arms. The measure, titled “Lea County Defense Fund Gross Receipts Tax,” asks voters, “Shall the County of Lea impose a county gross receipts tax in the amount of one‑hundredth of a percent, the revenues of which shall be used to create a defense fund to protect and defend against unconstitutional state government overreach?”
Local officials champion the proposal
State Representative Randall Pettigrew, who represents Lea County in the New Mexico Legislature, introduced the measure after a unanimous vote by the county commissioners in August. Pettigrew told the board, “I’m not voting to raise taxes. I’m voting to allow our citizens to choose whether they want to pay a little more to defend their rights.” He added that recent bills – Senate Bill 5, which bans law‑abiding citizens from possessing firearms near polling places, and House Bill 129, which imposes a seven‑day waiting period on all lawful firearm purchases – represent “bad pieces of legislation” that infringe on the rights of law‑abiding New Mexicans.
Lea County Manager Corey Needham estimated the tax increase would lift the gross receipts tax rate for residents outside incorporated areas such as Hobbs and Lovington from 5.25% to 5.26%, generating roughly $900,000 to $1 million annually. Those funds would be earmarked for hiring attorneys, filing lawsuits, and otherwise defending the county’s residents against what officials describe as unconstitutional state overreach.
Legal questions raised
KOAT legal analyst John Day cautioned that the fund could run afoul of New Mexico’s anti‑donation clause, which bars public money from benefiting private individuals. “If it’s for a public purpose that benefits everybody in the county, that’s one thing,” Day said. “If it’s to benefit private individuals or provide some kind of defense to private individuals, that’s a different story.”
Despite the legal uncertainty, the county’s leadership argues the fund serves a clear public purpose: protecting constitutional rights and offsetting the costs that local law‑enforcement and jail systems would incur if they were forced to enforce the new restrictions.
Community response
Local residents have voiced mixed opinions. One voter commented, “At the end of the day, it’s our tax dollars, and we deserve answers.” Another urged a “no” vote, warning, “Did you know there is a tax increase on this ballot? Show up and vote against this.”
The New Mexico House Republicans issued a statement supporting the measure, saying, “Santa Fe has repeatedly overstepped when it comes to New Mexicans’ constitutional rights. The Lea County second amendment fund gives Lea County citizens a way to protect themselves from that overreach, and it’s a decision that rightly belongs to the voters.”
What’s at stake
If approved, the defense fund would give Lea County a financial tool to challenge state laws that officials claim violate the Second Amendment and to cover any additional costs imposed on local sheriffs and jails. Critics argue the fund may set a precedent for using local taxes to fight state policy, while supporters see it as a necessary safeguard for constitutional freedoms.
Voters will see the measure on the November 2026 ballot alongside other local items. The outcome will signal whether Lea County residents are willing to modestly increase their tax burden to preserve what they view as a fundamental right.
Original reporting: KOAT Albuquerque — read the source article.
