Why It Matters: Legislation seeking to restrict the Second Amendment is often eventually used as a vector of attack for other issues affecting sportsmen and women, just as restrictions on hunting are often used as a vector of attack against Second Amendment rights. These issues are fundamentally intertwined given that firearms of every kind are routinely used in hunting, and many sportsmen and women are also avid recreational shooters. Therefore, it is important to be aware of these issues as they arise so you can have a full understanding of what may likely happen in the future and how it impacts our sporting community, even if Second Amendment issues are not your primary interest.
Highlights:
- The 30-day session of the New Mexico Legislature has finally come to an end.
- Several anti-gun and anti-sportsmen bills were heard by the New Mexico House and Senate. These bills included House Bill 114, House Bill 127, House Bill 129, House Bill 137, Senate Bill 69, and Senate Bill 90.
- The Congressional Sportsmen’s Foundation (CSF) sounded the alarm and reported on these bills when they were about to be filed back in January, again when they were brought to their respective committees earlier this month, and was on the ground in New Mexico actively opposing them at the Capitol alongside our partner organizations.
- Most bills were killed in committee or their respective chambers by not being brought to the floor for a vote, however House Bill 129, the 7-day waiting period bill, passed and has been sent to Governor Michelle Lujan Grisham’s desk for signature.
The New Mexico 2024 legislative session has come to an end. As reported earlier in our newsletter, The Sportsmen’s Voice, many anti-gun and anti-sportsmen issues were brought up in the legislature. Fortunately though, the majority of these bills died in their respective committees, or in their chambers of origin by leadership not bringing them to the floor for a vote. Below is a final status report on the gun control bills CSF was tracking this whirlwind session:
House Bill 114 – Lawsuits Against the Firearms Industry
HB114 would have allowed the attorney general or a district attorney to bring capricious lawsuits against any business in the firearms industry for failure to establish highly subjective “reasonable controls and procedures” when conducting lawful sales of otherwise legal firearms, firearms accessories, and ammunition. This open season on the gun industry would increase every company’s liability exposure and make it nearly impossible to obtain insurance required to conduct business. Furthermore, private causes of action are also created without award limits, which means an anti-gun judge could award an amount that would bankrupt a gun business. Fortunately, the bill was left pending on the House calendar and failed to get to the floor.
House Bill 127 – Raise the Age to Purchase to 21
This straightforward anti-gun bill would have prohibited anyone under the age of 21 from purchasing or possessing any semi-automatic firearm, or any standard capacity magazine capable of holding more than 10 rounds of ammunition, with few exceptions. HB127 also criminalized the sale or transfer of semi-auto firearms or standard cap magazines to anyone under 21. Fortunately, this bill was left pending on the House calendar and failed to get to the floor.
House Bill 129 – 7-Day Waiting Period
HB129 is another standard anti-gun bill mandates a 7-day waiting period for all gun buyers who pass an FBI NICS check. The original bill called for a 14-day waiting period, however the bill was successfully negotiated down to 7 days and was amended to include exceptions for concealed carry permit holders, thereby reducing the harm this bad legislation otherwise would have done. Unfortunately, HB127 passed the House 37-33, then passed Senate 23-18, and was sent to Governor for her signature which is expected.
House Bill 137 – Semi-Automatic Gun and Standard Capacity, Detachable Magazine Ban
HB137 sought to ban the sale, transfer, possession, and manufacture of gas-operated semiautomatic firearms, many of which law-abiding citizens commonly own and use for hunting, recreation, and self-defense. HB137 also would have prohibited the possession of standard capacity magazines, and detachable magazines. Those who currently own the proscribed firearms and mags would have been forced to register them to maintain lawful possession. Fortunately, this bill was left pending on the House calendar and failed to get to the floor.
Senate Bill 69 – 14-Day Waiting Period
Similar to HB129, SB69 would have created a 14-day waiting period for all gun buyers except New Mexicans with concealed carry permits. This bill failed to reach the Senate floor for a vote but was superseded by HB129 which unfortunately did pass.
Senate Bill 90 – Sportsmen’s Tax
SB90 proposed to create a new California-style 11% excise tax on firearms, ammunition, certain firearms parts, as well as suppressors, which was to be collected from firearms retailers at the time of sale. This would have significantly increased the cost of hunting and recreational shooting. Fortunately, SB90 was too radical and died in committee.