House Bill 129 (HB 129) – the seven-day waiting period for gun purchase bill – was signed into law by Gov. Michelle Lujan Grisham on Monday, March 4.
In a Tuesday, February 13 press release the governor stated, “HB 129 is an important piece of public safety legislation that will undoubtedly save lives. This legislation will help prevent gun violence and suicides – both of which are deadly public health and safety challenges in New Mexico.”
In addition to increasing the federal three-day waiting period to seven calendar days, HB 129 aims to “…to close a loophole in state law that allows firearm sellers to hand over a firearm prior to a background check being completed,” states a New Mexico Political Report article. The National Rifle Association (NRA) takes issue that the seven-day period “… is more than double the length of the gun purchase delay in the neighboring state of Colorado (3 days).”
Incorporated in the new law are certain exemptions including those for “…concealed carry permit holders, federal firearms licensees, transactions between law enforcement officers, law enforcement agencies and immediate family members,” states an article posted at APNews.com.
According to Rep. Andrea Romero (D – Dist. 46), who was the lead sponsor of the gun waiting period legislation, New Mexico is experiencing an “epidemic of gun violence.” Rep Romero said, “We [New Mexicans] have seen gun violence rise to 80 percent in the past decade.” She added that New Mexico has “one of the most terrifying rates of suicide in the nation” and concluded that the “…critical waiting period will help, we know, lower the numbers.”
Numerous New Mexico gun shop owners have expressed their concerns about the new law’s ambiguity. These businessmen question the exact meaning of “seven days”. Mark Abramson, owner of Los Ranchos Gun Shop near Albuquerque, told KOAT 7 Action News that the law is ambiguous about “seven days from when”. Other concerns are the law’s failure to parallel the National Firearms Act and its potential effect upon tourism. In Abranson’s words the law is “very anti-tourist.” Noting that federal law bans New Mexico gun stores from selling handguns to people from other states, Abramson said, “But you have hunters who come into town who may have forgotten their gun, had their gun destroyed by the airlines. Now they need to buy a replacement gun. They can’t buy it….”
HB 129’s Movement Through the New Mexico Legislature
HB 129 was originally passed by the New Mexico House on Friday afternoon February 2. The vote was 37 to 33, with eight Democrats joining Republicans in their unsuccessful attempt to quash the legislation. After its approval by the House, the bill moved to the Senate Judiciary Committee where it was amended and then approved by a margin of 6 to 3. HB 129 next traveled to the Senate floor.
During debate on the Senate floor, Republicans offered floor amendments to the bill. The amendment that waives the waiting period for concealed carry permit holders was adopted. Conversely, the amendment that exempts gun purchasers who pass a “…FBI firearm background check, active military personnel, and persons who have obtained an order of protection against an abuser…” was rejected, states an article posted at NRAILA.org. The NRA article continues that “…in voting down these common-sense exceptions, they [Senate Democrats] demonstrated that the bill has nothing to do with safety and everything to do with restricting the rights of law-abiding citizens.”
Finally after lengthy and heated debate on Saturday night, February 11, HB 129 passed the New Mexico Senate by a vote of 23 to 18. Four Democrats joined Republicans in unsuccessfully opposing the bill. Collaborating with party lines, Sen. David Gallegos, who represents Lea County, voted against HB 129.
Because the amendment waiving the waiting period for concealed carry permit holders was approved by the Senate, HB 129 returned to the House floor for a concurrence vote before being sent to the governor’s desk for signature.
State Legislators Speak Out
In a press release immediately after HB 129 passed the House, Rep. Romero stated, “House Bill 129 will prevent temporary moments of crisis from becoming tragedies. It will also allow law enforcement to run thorough background checks to help keep firearms out of the wrong hands. Waiting periods are a simple but important step we can take to reduce gun violence and save lives.”
State Rep. William Rehm (R – Dist. 31) sees the issue differently. He is on record expressing his objection to HB 129. Rep. Rehm told the Silver City Daily PRESS, “This is a law against lawful ownership, and I have a problem with that.”
Roswell’s Republican Sen. Cliff Pirtle said that HB 129 punishes law-abiding citizens. Pirtle commented about the legislation, “I think if we go down this road, this is the fuel that will continue to fuel the flame of the divide within this state. This is what makes people not want to talk to each other when they’re at the coffee shop.”
Although the constitutionality of HB 129 is questioned by some, one of the bill’s sponsors Sen. Joseph Cervantes (D – Dist 31) pointed out that several states have adopted “…waiting periods ranging from three to 14 days including California, Colorado, Florida, Hawaii, Illinois, Maryland, Minnesota, New Jersey, Rhode Island, Vermont and Washington,” states a Source N M article. “Washington D.C. also has a waiting period for gun buyers.”
Commenting about the seven-day waiting period, Roswell Republican Sen. Greg Nibert called it a “week-long prohibition,” states the New Mexico Political Report.
In addition to signing into law the seven-day waiting period to purchase firearms bill, Gov. Lujan Grisham signed into law legislation that restricts the carrying of firearms within 100 feet of “polling places and ballot drop boxes.” Law enforcement personnel and individuals with concealed carry permits are exempted from this legislation. Gov. Lujan Grisham further signed into law “bills that enhance penalties for second-degree murder-related offenses and give judges an extra opportunity to deny bail to defendants who are charged with new crimes while already awaiting trial on a felony,” states the Associated Press.
