As of the time of this writing, six bills have been filed.
Here’s a summary of each of the six bills.
House Bill 8: This “universal background check” legislation, sponsored by Representative Debra Sarinana, would ban all private firearms sales between law-abiding individuals.
The state House approved HB 8 last week, which aims to make it a misdemeanor crime to sell or transfer a gun in a private transaction without a background check performed by a third party. A Senate committee has passed their own version of the bill, slammed by gun rights groups, in a party-line vote. (source)
House Bill 35: This bill, sponsored by Representative Miguel Garcia, would require gun dealers to pay a $200 fee so that the New Mexico could screen every gun coming into their inventory for “potential theft.”
House Bill 40: Also sponsored by Representative Miguel Garcia, this legislation would require criminal records checks on private firearms sales at gun shows. Gun grabbers tend to see gun shows as a particular threat, even though studies show that they are not a source of guns used by criminals. This bill – and HB 8 – would ban many or all private gun sales, and set the stage for a registry of gun owners.
Perhaps the most disturbing of the six bills is House Bill 83.
Have you heard of “red flag” gun confiscation laws?Officially called Extreme Risk Protection Orders (ERPO), “red flag” laws permit police, healthcare providers, or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves. To date, fourteen states and the District of Columbia have red flag laws.
Here’s a chilling explanation of what House Bill 83 would allow.
Under section 5, any law enforcement personnel can ask a court to issue an order stripping any New Mexican of his Second, Fourth, Fifth, and Fourteenth Amendment rights. It wouldn’t even take an “ex parte” secret court proceeding; the request could be made by E-MAIL.
Under section 6, an angry ex-girlfriend can convene a “secret court” (ex parte proceeding) to strip a gun owner of his Second, Fourth, Fifth, and Fourteenth Amendment rights — without giving the gun owner the opportunity to tell his side of the story to the “secret court.” (source)
In October 2018, Maryland’s red flag law went into effect. Less than a month later, the law claimed its first victim.
Gary J. Willis, a 61-year-old Maryland resident, was killed by police when they showed up at his home at 5 am to serve him with a court order requiring that he surrender his guns.
Anne Arundel County Police said Willis answered the door with a gun in his hand. He initially put the gun down by the door, but “became irate” when officers began to serve him with the order and picked up the gun again, police said.
Sgt. Jacklyn Davis, a police spokeswoman, said “A fight ensued over the gun.” Police claim that as one of the officers struggled to take the gun from Willis, the gun fired but did not strike anyone. Then, the other officer fatally shot Willis, who died at the scene. Neither officer was injured.
Davis said she did not know who had sought the protective order against Willis.
But Michele Willis, the victim’s niece, said this was a case of “family being family.” (source)
From October 1 to December 31, 302 petitions were filed across the state. A majority of the red flag orders were filed by family members or household members, primarily about mental health concerns, with others being placed by law enforcement officials or health professionals, according to the Associated Press. Less than half reached a final stage in which the accused was not allowed to have a gun for at least a year.
House Bill 87: This legislation would impose a gun ban on persons committing crimes as minor as damage to property. It expands the state’s “prohibited person” firearm law by incorporating federal firearm disqualifications. For example, it would prohibit individuals convicted of certain domestic violence misdemeanor crimes or who are subject to a domestic violence protective order from purchasing or possessing a firearm, with violations being a criminal offense. But, the bill goes beyond the prohibited categories in federal law in significant ways, as the NRA explains:
The state law definition of “household member” – unlike federal law – specifically includes a person who is or has been a continuing personal relationship, which applies to dating or intimate partners who have never lived together. The bill would include, as firearm-prohibiting offenses, nonviolent misdemeanors with no physical contact between the parties (like harassment by telephone or email, or criminal damage to the property or jointly owned property of a “household member”). Unlike federal law, this bill would require anyone subject to a protective order to surrender any firearms they own, possess, or control to law enforcement within 48 hours of the order. Not only does this bill impose a mandatory surrender, it authorizes law enforcement to seize any guns that are in plain sight or are discovered pursuant to a lawful search. Similar legislation had passed the Legislature in 2017 but was vetoed by Gov. Susana Martinez. Significantly, the 2017 legislation contained other options for affected parties to comply with the firearm surrender requirement, including storing their guns with licensed firearm dealers, or transferring the guns to a qualified third party. These key alternatives are not contained in this bill. (source)
House Bill 130: This bill would potentially make criminals of people who keep loaded firearms for self-defense. Sponsored by Representative Linda Trujillo, if signed into law, gun owners would be held criminally and civilly liable if a child gains unsupervised access to an unsecured firearm. But as the NRA points out, “New Mexico already has a first-degree felony child abuse statute on the books to hold adults accountable for putting children’s lives or health at risk in any manner. The tools exist to charge and prosecute parents or guardians in appropriate cases. Education is the key to protecting gun owners and their kids, not a state mandate on how one stores a firearm in his or her home.”
These bills are facing opposition from a powerful force: the Sheriffs.
Thankfully, most of New Mexico’s sheriffs are opposed to these gun control bills. Of the 33 sheriffs in the state, 29 have voiced disapproval of the package of anti-gun legislation by issuing a declaration through the state sheriffs’ association, stating that the “rush to react to the violence by proposing controls on guns is ill-conceived and is truly a distraction to the real problems proliferating violence in our counties and our state.”CBS 7 spoke with Lea County Sheriff Corey Helton, who explained why he objects to the proposed legislation.
“You’re just taking guns out of law-abiding citizen’s hands. This is not going to affect the criminals out there. They’re going to be able to get guns and they do not follow the law.” Helton added that there are enough effective laws on the books and these new measures are either redundant or unconstitutional.
“I’m proud to say I’m a constitutional sheriff and I’m just not going to enforce an unconstitutional law,” Helton said.
“My oath prevents me from doing that.”
I heard this from our sheriff here in San Miguel County, as well as the new Sheriff in San Juan County. They’re just not going to enforce any off it, and that includes any kind of magazine restrictions or AWB in the future.
All politics is local.
Or until their pay and retirement are compromised.
More Counties joining in. Some have to wait until the County Commissioners meet. San Juan County I know is next week.
From the Las Cruces Sun News this evening 2/15:
“New Mexico sheriffs fight gun bills with ‘sanctuary county’ resolutions”
Yesterday, two more Counties became 2nd Amendment Sanctuaries: Lincoln County (of Billy the Kid fame) and San Juan County. Today Valencia County joined as well. Right now out of New Mexico’s 33 counties, 29 seem to be heading towards 2nd Amendment Sanctuary protection.
From KOAT TV in Albuquerque:
Gun proposals causing sheriffs to take action-29 counties in favor of becoming Second Amendment Sanctuary counties.
https://www.koat.com/article/gun-proposals-causing-sheriffs-to-take-action/26438196
If you’re not aware already, the ban on private sales without a background check is on its way to the governor for signature.
Several counties are pledging to become “Second Amendment Sanctuary” counties refusing to enforce it.
So the sheriff of Dona Ana County is pledging to enforce it and plans to initiate a policy that if law enforcement sees you have a gun they are allowed (ordered?) to ask you “where you got it.”.
As far as I’m concerned this is blatantly illegal, has nothing to do with the law, and will only lead to more abuses like treating your lawfully owned firearm like it’s an NFA item or something. How long will it be until the sheriff’s deputies are roaming Butterfield range asking to “see your papers.” Will you have to travel with your purchase receipt from the gun shop for every firearm you take to the range?
This is not a rumor. It’s confirmed that the sheriff is implementing the policy of “asking you where you got your gun.”
It was in the Las Cruces Sun-News and I also got a screen shot of a press release from the NM Shooting Sports Association confirming it and citing the article in the Sun-News.
I’ve been trying to get a written copy of this all day. I have a copy on my phone but I can’t figure out how to download it to my computer and copy and paste the text. (I need to edit out some personal contact info before posting it).
So, it’s not a rumor. Those of you who live in Dona Ana County: Welcome to Nazi Germany run by a woman sheriff who looks like Herman Goering.
Doc, you’re right. It’s in the Las Cruces Sun:
Even if they have the “right” to ask where you obtained your gun, you also have the right to decline answering such a question. Ownership of any private property does not require you to disclose when and where you got it. Or you can chose to lie like a Sailor and tell you bought it from Big Jimmy’s Gold and Pawn when you were a resident of some other State. In reality, it’s none of their Fu____g business.
I went and read the final version of senate bill 8 and I find nothing in the language about LE asking questions about where the firearms was obtained:
https://www.nmlegis.gov/Sessions/19%20Regular/final/SB0008.pdf
They can amend the statute to include implied consent, i.e., if you are out of your residence, you have given implied consent to establish how you acquired the firearm. Sort of like BAC for driving. Nevada is looking at implied consent for LEO to search your cell phone after an accident, etc.
Notice the statute omits all the permutations of step-, in-law-, and half blood relations.
“(4) “immediate family member” means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle; and”
It’s official. The governor signed the law banning private gun sales in New Mexico.
I’m sure the gang-bangers will immediately comply, aren’t you?
For what it’s worth, I don’t see any changes happening for normal face to face transactions. The local FFL holders I have spoken with don’t even know how to process any of this since the NICS check is done at the federal level with ATF paperwork. Also, the FFL holders are not really interested in accepting a gun into their bound book then showing it transferred out within 5 to 10 minutes. It adds to the work load. Is there a separate report that has to be sent to the State? Nobody knows any of this.
Facts:
- Doing a private gun sale without a background check under the new law is a misdemeanor. I don’t know what the penalty is.
- All guns I’ve sold over the past few years to private individuals, I’ve asked the buyer to accompany me to the LGS where he pays (or I pay) $25 to have the person do a 4473. I think that’s how this new law would have to work.
- On the other hand, the law is utterly unenforceable if you sell to someone you know and that person is not going to rat you off to law enforcement.
- The net effect is that you won’t be able to sell to someone “out of the blue” like you would meet for the first and only time at a gun show. You would have to tell that person, “Let’s go get this FFL to do a background check then I can sell you the gun.” So it might turn the gun shows into “dealer only” affairs.
Bottom line: It’s just an incovenience to gun owners but we already have enough of those to contend with.
I’m more worried about a proposed ban on semi-autos and standard cap mags that will probably come up later in another session (since this one is almost over). We need to start organizing to push back against that one ASAP.
But where is the reporting verification to the State? If Party A wants to sell a gun to Party B, they go to an FFL holder. The gun is logged into the bound book of the FFL, Party B does the 4473 and the background check is done. The 4473 does not record the serial number, only the type of firearm. The bound book is the record of the serial number. A fee up to $35.00 is charged to Party B. Nothing is reported to the State.
If the firearm is involved in a crime and it is an older firearm, it may not show up on any record. Even if the transfer is made with an FFL, there is no database it has been reported to as long as the FFL is in business - it’s record is in the bound book. Seems like a “feel good” bill with really no teeth.
2006 New Mexico Statutes - Section 31-19-1 — Sentencing authority[;] misdemeanors; imprisonment and fines; probation.
31-19-1. Sentencing authority[;] misdemeanors; imprisonment and fines; probation.
A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.
B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.
C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.
“Feel good” is what I’m thinking is the purpose behind all the laws they’re working on. Next is the domestic violence one from what I hear.
I have not actually seen the text of the private sale law yet. I’ve gotten my info from a couple of knowledgeable people that do their best to keep up with the legislature.
So I don’t know yet if there’s actually any reporting requirement. But I agree the law is toothless without it. Supposedly in Dona Ana county the cops are allowed to ask “where did you get your gun” if they pull you over and see a firearm in your vehicle, but you are not under any obligation to answer the question.
I just got off the phone with two different gun dealers in Albuquerque, and they indicated there is no reporting of anything to the State. Their records in their bound books are between them and the ATF. State has no input on this.
Their feeling is that once this goes into effect, at some point in the future they will say this is not working and try some kind of registration bill. Both dealers predict a huge amount of non-compliance.
Could be a bellweather for the proposed semi-auto and standard cap mag ban. I will not state publicly what I will do before I surrender my AR’s, but you can best believe that it’s on my mind.
Or, one of your trusted shooting buddy’s sons get popped for drugs. Cops lean on him. Shooting buddy/dad comes to the rescue. DA offers a deal.
Shooting buddy contacts you to buy/sell a firearm one of you knows the other would like. Controlled buy goes down.
You are looking at one year, a $1k fine, plus attorneys’ fees for your defense.
I’m thinking the libs in Santa Fe secretly have a registration bill stashed away that they will spring at a later date–IF most of the other horseshit gets passed. The registration bill has got to be the “Grail”, so they won’t do it until they get everything else. WE MUST START FIGHTING BACK NOW.