Finally federal gun safety legislation that is truly bipartisan may be moving forward. Although the specifics have not been carved in stone, 20 senators, 10 of whom are Republicans and none of whom are up for re-election this year, announced on Sunday, June 12, a deal to push new gun safety legislation through the U S Senate.
In a joint statement the 20 senators said, “Today, we are announcing a commonsense, bipartisan proposal to protect America’s children, keep our schools safe, and reduce the threat of violence across our country. Families are scared, and it is our duty to come together and get something done that will help restore their sense of safety and security in their communities.”
New Mexico Senator Martin Heinrich Signs Proposal
New Mexico’s Democratic Senator Martin Heinrich, a gun owner himself, is one of the 10 members of his party who signed the gun safety proposal.
During a news conference on Monday, June 13, Senator Heinrich said, “The level of gun violence in our country is appalling and unacceptable. This agreement is a conversation that shows that [the Senate] can get something done, and I think it has opened up the door for additional conversations.”
As of the publishing of this article, the Lea County Tribune has not yet learned of a comment or statement from Republican Congresswoman Yvette Herrell about the proposed gun safety legislation. Congresswoman Herrell’s congressional district includes Lea County.
Gun Violence Concerns in Lea County
The threat of gun violence is real to the residents of Lea County, and city and county officials, as well as area school districts, take the matter very seriously. On its Facebook page Hobbs Municipal School District (HMS) states in response to the recent tragedy in nearby Uvalde, Texas where 19 innocent children and two teachers were lost, “When these tragedies occur, it is natural for parents to worry about the safety of their own children in school. Please know that HMS takes many measures – both seen and unseen – to prevent, prepare and respond to senseless acts of violence. Our staff and students routinely drill for violent intruder scenarios. We have many technological platforms to assist in helping us respond quickly to those who wish to harm our students and staff. And we closely monitor reports of concern from our community and our STOPIt anonymous tip-reporting system.”
According to a CNN news report, the new legislation, if approved by both the Senate and the House and then subsequently signed into law by President Biden, will provide safeguards in addition to those already existing to help to deter gun violence nationwide. Some of the safeguards the proposal includes are:
Red Flag Laws
New Mexico, as well as 18 other states and Washington, DC, already have Red Flag Laws in place. These laws allow coworkers, family members, police and others to “…petition a state court to order the temporary removal of firearms from a person who they believe may present a danger to others or themselves.”
The new legislation would provide funding for states that do not have Red Flag Laws to both create and administer them, as well as additional funding to states that already have these laws to increase their efficiency and effectiveness.
However not all support the concept of Red Flag Laws. Zachary Fort, President of the New Mexico Shooting Sports Association, has strong concerns that such legislation takes away one’s Constitutional rights.
“My organization is strongly opposed to taking someone’s guns without due process. We believe strongly that people should be able to defend themselves before their rights are taken away,” Fort said.
Co-president of New Mexicans to Prevent Gun Violence Miranda Viscoli has a very different point of view. For Viscoli, Red Flag Laws allow “…law enforcement to take weapons away from people who are considered a danger to themselves or others.”
Expanded Mental Health Services
Funding for mental health, suicide prevention and related programs is included in the proposal. Key is the establishment of crisis and trauma intervention and recovery programs.
Funding is also provided for the expansion of mental health and supportive services in schools. Key here is “early identification and intervention programs”.
Viscoli supports more funding for mental health and suicide prevention. She says, “…we start finally putting some funding into mental health and suicide prevention. Those account for 63% of our gun deaths.”
Viscoli continues, “The way to prevent mass shootings is to prevent a kid from ever getting to a point where they feel like they have to kill people”. Fort echoes Viscoli’s sentiments, although still expressing concerns about removing guns without due process through his statement, “We need to get people help before they ever reach that point.”
The proposal also includes funding for increased “…access to mental and behavioral health services for youth and families in crisis via telehealth.”
Expanded School Safety Resources
The proposal provides funding to institute and enhance safety measures in and around primary and secondary schools, to support “school violence prevention efforts” and to train students and personnel in safety and prevention.
Federally Licensed Firearms Dealer Definition Clarified
The proposal clarifies the definition of a “federally licensed firearms dealer”, and it “…cracks down on criminals who illegally evade licensing requirements.”
Gun Buyers Under the Age of 21
The proposed legislation “requires an investigative period to review juvenile and mental health records” of gun buyers 21 years of age and younger. Included are checks with state databases and local law enforcement.
According to an ABC news poll 89% of Americans support background checks. The proposed legislation does not address all background checks, only providing parameters for gun buyers between 18 and 21 years of age.
State Crisis Intervention Orders
The proposed legislation provides resources for both states and tribes “…to create and administer laws that help ensure deadly weapons are kept out of the hands of individuals whom a court has determined to be a significant danger to themselves or others.” Such legislation must “…be consistent with state and federal due process and constitutional protections.”
Protection for Domestic Abuse Victims
The proposed legislation prevents known abusers from purchasing firearms. The goal is to better protect victims of domestic abuse from escalating violence through the use of firearms.
Criminalizes Third Party Straw Purchases
The proposal makes it criminal for a third party to buy a firearm for someone who cannot pass a background check. Third party straw purchases have long been a ready source of firearms for criminals.
