CALL TO ACTION: New Mexico Legislative session 2023

[Mrs. Smith]

Good afternoon, all.

For those who don't know, New Mexico's annual legislative session this year is 60 days. (odd years, 60 days, even years, 30 days.)

Sixty days is a long time to do a lot of good, or a lot of damage.  This year they have opted to attempt the latter.

To my NM folks, please please contact your state House and Senate representatives and urge them to vote against these bills, and protect the rights of New Mexicans.  And share this with as many other New Mexicans as you can. The lineup of bills being submitted is....  I just can't even think of the word. Nothing is adequate.

SANTA FE:

The New Mexico Legislature has started its 60-day session and lawmakers have already filed a laundry list of gun control proposals that would make those who hate liberty proud.

This week, it is imperative that you contact your State Representatives and urge them to OPPOSE HB 9, HB 50, HB 72, HB 100 & HB 101, and your State Senators and ask them to OPPOSE any new gun control laws. Various 2nd Amendment organizations will be fighting these measures at the Roundhouse in Santa Fe, but we also need YOU to fully engage in the critical effort to protect your Second Amendment rights in the Land of Enchantment.  Contact information for State Representatives and State Senators will be updated this week. If you don't know who your state lawmakers are, visit https://www.nmlegis.gov/Members/Find_My_Legislator.

House Bill 9 by Rep. Pamela Herndon (D-ABQ) creates criminal liability for gun owners if a minor gains access to firearms; no exceptions for consent or authorized use of the firearm, which would have a chilling effect on youth hunting or 4-H and other competitive shooting programs. New Mexico law allows minors to own, possess and use long guns, and even handguns in some cases, for such activities.

House Bill 50 by Rep. Patricia Roybal Caballero (D-ABQ) makes it a felony to transfer or possess any standard capacity magazine capable of holding 10 or more rounds of ammunition. The 9-round limit would be the lowest in the nation and would effectively ban the use of some of the most popular pistols and rifles purchased by New Mexicans.

House Bill 72 by Rep. Patricia Roybal Caballero (D-ABQ) makes it a fourth-degree felony to possess or transfer a "semiautomatic firearm converter", which could include binary triggers (which, when attached to firearms, do not make the firearm a machine gun under federal law). The "definitions" section of the measure is longer than the provisions setting out what activity is actually being criminalized under the act, indicating the bill is confusing and will be difficult to implement or enforce.

House Bill 100 by Rep. Andrea Romero (D-Santa Fe) expands New Mexico's so-called "universal background check" law to include a mandatory 14-day waiting period on all firearm purchases. This criminal protection bill would delay your ability to exercise your right to protect yourself from a violent attack.

House Bill 101 by Rep. Andrea Romero (D-Santa Fe) bans the manufacture, possession, purchase, sale, or transfer of countless commonly-owned semi-automatic rifles, pistols, and shotguns dubbed "assault weapons" under the act, and standard capacity magazines capable of holding more than 10 rounds of ammunition; current owners would be required to move them out of state, sell them to a federal firearm licensed dealer or surrender them to a law enforcement agency prior to July 1, 2023 - or face felony charges.

Senate bills in the queue for introduction, but which have not yet been assigned bill numbers: a ban  on the carrying of firearms within 100 feet of a polling place during an election (Sen. Peter Wirth; D-Santa Fe);
A prohibition on the purchase or possession of an automatic or semi-automatic firearm by, or the sale of such a firearm to, anyone under the age of 21 (Sen. Bill O'Neill; D-ABQ).

That's all they've submitted, for NOW.  Stay vigilant, folks.  This is coming to a capitol near you, if we don't act.

[Mrs. Smith]

Some of these  bills, if passed, would effectively kill Appleseed in New Mexico.

More importantly, they would kill our rights.

[Mrs. Smith]

Update:

It will come as no surprise that HB 9, "Unlawful Access to Firearm by Minor" passed the Consumer and Public Affairs Committee, along party lines, 4-2 despite strong work by Reps. Lord and Block.

At this time, the other House bills - 50, 72 and 101 (and Senate Bill 116 - raising the age to purchase all firearms to 21) are in committee with no scheduled hearing date.

HB 72 is assigned to the House Judiciary Committee,, 50 and 101 are in CPAC, the same committee that heard HB 9.

HB 100, the 14-day waiting period, hasn't yet been assigned to a committee.

Senate bill 171 - outlawing NFA items, "assault pistols", and certain types of ammo - assigned to the Senate Health & Public Affairs Committee with no scheduled hearing date.

[Mrs. Smith]

This bill passed in the House yesterday. 5 Democrat representatives (Including mine) crossed the aisle and voted against it, but it wasn't enough. 37-32.  From here the bill goes to the Senate health and Public relations committee.

As written, this would effectively exclude all youth from Appleseed clinics in NM.


House Bill 9 by Rep. Pamela Herndon (D-ABQ) creates criminal liability for gun owners if a minor gains access to firearms; no exceptions for consent or authorized use of the firearm, which would have a chilling effect on youth hunting or 4-H and other competitive shooting programs. New Mexico law allows minors to own, possess and use long guns, and even handguns in some cases, for such activities.

[Mrs. Smith]

In case you were wondering what's going on with the gun bills being considered in Santa Fe. ðŸ'‡

• House Bill 9 by Rep. Pamela Herndon (D-ABQ) creates criminal liability for gun owners if a minor gains access to a firearm and brandishes it or uses it to injure himself or another; no exceptions for authorized use of a firearm, which would have a chilling effect on youth hunting or 4-H and other competitive shooting programs.  New Mexico law allows minors to own, possess and use long guns, and even handguns in some cases, for such activities. Passed all House & Senate committees and headed for Senate floor. Will need to go back to House for concurrence with Senate Judiciary Committee amendments.

• House Bill 50 by Rep. Patricia Roybal Caballero (D-ABQ) makes it a FELONY to transfer or possess any standard capacity magazine capable of holding 10 or more rounds of ammunition.  The 9-round limit would be the lowest in the nation and would effectively ban the use of some of the most popular pistols and rifles purchased and owned by law-abiding New Mexicans. Rolled over in House Consumer & Public Affairs Committee and not set for another hearing so far.

• House Bill 72 by Rep. Patricia Roybal Caballero (D-ABQ) makes it a FELONY to possess or transfer a "semiautomatic firearm converter", which could include binary triggers (which, when attached to firearms, do not make the firearm a machine gun under federal law.)  The "definitions" section of the measure is longer than the provisions setting out what activity is actually being criminalized under the act, indicating the bill is confusing and will be difficult to implement or enforce. Rolled over in House Judiciary Committee and not set for another hearing so far.

• House Bill 100 by Rep. Andrea Romero (D-Santa Fe) expands New Mexico's so-called "universal background check" law to include a mandatory 14-day waiting period on all firearm purchases. This criminal protection bill would add nothing to the existing FBI background check process and only delay your ability to exercise your Second Amendment right to defend yourself, your family and your property.  On House Calendar for third reading and final passage.

• House Bill 101 by Rep. Andrea Romero (D-Santa Fe) bans the manufacture, sale, purchase and possession of semi-automatic firearms with detachable magazines that law-abiding citizens commonly own for self-defense, competition, and recreation, as well as certain attachments for them; bans handguns with fixed magazines that can hold more than 15 rounds of ammunition and long guns with fixed magazines that can hold more than 10 rounds of ammunition; bans parts or combinations of parts from which such firearms can be assembled; and bans .50 BMG caliber firearms and ammunition.  Current owners of any of these firearms or items would have to register them with the New Mexico Department of Public Safety prior to March 1, 2024, to maintain possession, or transfer them out of state or to a federal firearm licensed dealer, or face FELONY charges.  Hearing could be scheduled for TOMORROW 3/3 in House Judiciary Committee on yet another committee substitute.  Stay tuned to NRA-ILA alerts for the latest details.

• House Bill 238 by Rep. Joy Garratt (D-ABQ) makes it a felony to discharge a firearm in a densely populated area (a term undefined in the bill) with no exceptions for self-defense or indoor shooting ranges.  Rolled over in House Consumer & Public Affairs Committee and not set for another hearing so far.

• Senate Bill 44 by Sen. Peter Wirth (D-Santa Fe) prohibits the carrying of a firearm -- including by a concealed handgun licensee -- within 100 feet of a polling location during early voting or on Election Day, creating unnecessary and unsafe "gun free zones".  Passed Senate and House Government, Elections & Indian Affairs Committees; heads to Senate Judiciary Committee next.

• Senate Bill 116 by Sen. Carrie Hamblen (D-Las Cruces) bans anyone under the age of 21 from possessing any automatic or semi-automatic firearm, including any firearm capable of accepting a standard capacity magazine that can hold more than 10 rounds of ammunition, with limited exceptions.  Also bans anyone under the age of 21 from purchasing these same firearms.  Stalled on a tie vote in Senate Judiciary Committee; may be brought back up again with significant amendments.  Stay tuned to NRA-ILA alerts for the latest details.

• Senate Bill 171 by Sen. Bill Soules (D-Las Cruces) attempts to supercede federal law and make it a FELONY to transfer or acquire National Firearms Act items, as well as certain semi-automatic pistols, in New Mexico.  Tabled in Senate Judiciary Committee.

• Senate Bill 427 by Sen. Joseph Cervantes (D-Las Cruces) imposes a 14-day waiting period on all firearm purchases, with an exception for concealed handgun licensees. This would add nothing to the existing FBI background check process and only delay your ability to exercise your Second Amendment right to defend yourself, your family and your property. Hearing not yet scheduled in Senate Health & Public Affairs Committee.

• Senate Bill 428 by Sen. Joseph Cervantes (D-Las Cruces) creates a hostile climate for lawful firearm-related industries and transactions by facilitating an increasing amount of litigation and claims, with vastly increased liability exposure and civil penalties, for even minor suspected violations of the terms of an FFL or the law as the basis for Unfair Trade Practices Act proceedings. Hearing not yet scheduled in Senate Health & Public Affairs Committee.

[Mrs. Smith]

At noon today, the 2023 New Mexico Legislative Session came to a close. Only one bill, HB9, passed. See below for more details on that bill. All the other anti-gun bills we were fighting against died. That list includes proposed bans on magazines and guns, waiting periods, age restrictions, FFL and gun manufacturer civil liability, and the polling place gun ban. Thank you to everyone who spoke out against these bills. There were a number of Republican, and some Democrat, legislators who fought hard for our rights in Santa Fe and we thank them.

We are now preparing for the possibility of a special session focused on anti-gun legislation. The New Mexico Shooting Sports Association has already begun to prepare for such a session. If there is one, it is likely to be short, as special sessions have been in the past. To maximize our voice during a potential special session on gun bills, we will be holding a rally in Santa Fe during the special session if the governor calls one. Please continue to watch for our alerts for news of a possible special session.

HB9: This bill is the one that passed and was signed by the governor. This bill will charge a gun owner with a misdemeanor if a third-party minor uses their firearm to threaten or injure someone. There is a felony charge for the gun owner if a third-party minor uses their firearm to kill someone. The bill, in its final version, does not specify how a firearm must be stored, but instead allows for the method of storage be used as a defense for a gun owner charged with a crime under the bill.

[JustKim]

Hello Traci!

I would say this is somewhat good news!  I love that everything else was "shot down", but do not for one moment believe this will be dropped.

Thank you for keeping us up-to-date on this issue.

We all need to remember, if these type of bills pass in one state, they are likely to pass in others.

[malabar]

Mrs. Smith,
thank you for keeping us focused on these unconstitutional bills. I, personally, thank you, the AOC thanks you, and the program thanks you.

Friends and neighbors, it's time to step up.You need to make your voice heard. We simply will not stand for these unconstitutional infringements on our God-given rights.

tk