To: President Donald Trump, The New Mexico State House, The New Mexico State Senate, Governor Michelle Lujan Grisham, The United States House of Representatives, and The United States Senate
Dissolve the New Mexico Livestock Board Agency
The Livestock Board is extremely corrupt, actually helping livestock rustlers, horse killers and violating US Code Title 42 Section 1982 Private Property by selling animals you own without your permission and taking legal possession and ownership in only five days, regardless of whether or not you were out of town or had knowledge of your animals being lost without due process of law guaranteed under the Constitution. NMLB would just as soon see a young horse go to the killers as to a good home, and makes no stipulations that each auctioned animal is given a chance to live with other bidders involved. The NMLB is a scar on the face of ranchers, farmers, pet owners, and society, and must be abolished.
Why is this important?
I have had multiple personal experiences with the NMLB where they were helping steal $47,000.00 of my registered llamas and goats and destroying my income, breeding program and blood lines. I have caught the NMLB creating fraudulent paperwork to give a stray horse to their buddies, and they have knowingly allowed two of my horses to get stolen and taken to an auction in another county without filing any charges of the multiple felonies entailed. The NMLB "refused" to do anything about one of my horses that was shot and killed as a registered Appaloosa 11 month old filly, destroying my future breeding, income, blood lines, and of course the multiple value of the animal for use as working livestock as well as a pet. Recently, I had been care-taking a stray horse with food and water on open range, and decided to have the NMLB take the animal as an "estray" to protect it from being roped and abused by some that had talked to me and as the legal way to gain actual ownership of the animal. This was a 3 year old colt with much Arab in him and very sweet and gentle. The NMLB sold the colt to a killer to be destroyed rather than awarding me as second highest bid a horse I had already cared for. I have sued the NMLB several times in District Court and each time they escape prosecution claiming "public immunity" and with claims under the 11 Amendment, where we have "criminals" in our government that the law protects without conscience. Undeniably, both the 11th Amendment and the idea of persons "above all laws" in public immunity are against the other provisions of the Constitution including "equal protection" of the 5th and 14th Amendments. Clearly, stipulations should be made at any auction to save the animal as with a BLM adoption, rather than simply take a few dollars more in bid to have the animal killed. The outrageous corruption of the New Mexico Livestock Board is simply an exaggeration of the mindset of rustlers and thieves with no conscience. NMSA 29-1-2 mandates that the owner be found and the livestock returned to the owner. Livestock is "personal property" protected in ownership by federal law. "All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. " The NMLB takes personal property without due process of law under violations of the 4th, 5th and 14th Amendments, making their agency in violation of the Constitution and in violation of the Supremacy Clause Article VI.
To the NM State Legislature and Governor Susana Martinez: abolish the NMLB and prosecute some of the directors and inspectors under "unlawful killing of animals without cause". as was clearly done with this young colt. NMSA 30-18-1. Cruelty to animals; extreme cruelty to animals; penalties; exceptions.
A. As used in this section, "animal" does not include insects or reptiles.
B. Cruelty to animals consists of a person:
(1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or
(2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control.
C. As used in Subsection B of this section, "lawful justification" means:
(1) humanely destroying a sick or injured animal; or
(2) protecting a person or animal from death or injury due to an attack by another animal.
D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. Extreme cruelty to animals consists of a person:
(1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or
(2) maliciously killing an animal.
F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
G. The court may order a person convicted for committing cruelty to animals to participate in an animal cruelty prevention program or an animal cruelty education program. The court may also order a person convicted for committing cruelty to animals or extreme cruelty to animals to obtain psychological counseling for treatment of a mental health disorder if, in the court's judgment, the mental health disorder contributes to the commission of the criminal offense. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court.
H. If a child is adjudicated of cruelty to animals, the court shall order an assessment and any necessary psychological counseling or treatment of the child.
To the NM State Legislature and Governor Susana Martinez: abolish the NMLB and prosecute some of the directors and inspectors under "unlawful killing of animals without cause". as was clearly done with this young colt. NMSA 30-18-1. Cruelty to animals; extreme cruelty to animals; penalties; exceptions.
A. As used in this section, "animal" does not include insects or reptiles.
B. Cruelty to animals consists of a person:
(1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or
(2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control.
C. As used in Subsection B of this section, "lawful justification" means:
(1) humanely destroying a sick or injured animal; or
(2) protecting a person or animal from death or injury due to an attack by another animal.
D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. Extreme cruelty to animals consists of a person:
(1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or
(2) maliciously killing an animal.
F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
G. The court may order a person convicted for committing cruelty to animals to participate in an animal cruelty prevention program or an animal cruelty education program. The court may also order a person convicted for committing cruelty to animals or extreme cruelty to animals to obtain psychological counseling for treatment of a mental health disorder if, in the court's judgment, the mental health disorder contributes to the commission of the criminal offense. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court.
H. If a child is adjudicated of cruelty to animals, the court shall order an assessment and any necessary psychological counseling or treatment of the child.