With the 2023 regular session of the New Mexico legislature in full swing, Democratic lawmakers want stricter gun control laws, a position being echoed across the country as mass shootings continue to be a regular occurrence in the US.
New Mexico’s Republican lawmakers remain cautious about supporting stricter legislation, arguing that “such bans won’t make people as safe as would ensuring violent criminals and repeat felons remain behind bars,” states a recent New Mexico Political Report article.
Five gun regulation House Bills have already been filed for lawmakers to consider during the 2023 legislative session.
House Bill 9
Filed by State Representative Pamelya Herndon (D-28), HB 9 – Unlawful Access to Firearm by Minor – is a repeat bill of the 2022 legislative session.
The bill makes it a Fourth Degree Felony for gun owners to store or keep “a firearm in a manner that negligently disregards a minor’s ability to access that firearm.” The bill also makes it a Fourth Degree Felony if the minor is able to access the firearm and use “it in a manner that causes great bodily harm to or death of the minor or another person,” states an article published by the NRA Institute for Legislative Action (NRAILA).
Under certain conditions, such as the minor obtaining the firearm as the result of “illegal entry” or “if the firearm was kept in a locked container and was securely stored”, the law would not be applicable.
House Bill 50
This proposed legislation bans large capacity magazines, making it illegal for folks to possess or transfer, in most instances, magazines holding 10 or more rounds.
Sponsored by Rep. Patricia Roybal Caballero (D-13), some individuals including law enforcement officers are exempted from the law.
The law does not contain a grandfather clause, meaning that those currently in possession of large capacity magazines if not exempted from the law would be required to surrender said magazines.
Republican lawmakers like Rep. Stefani Lord (R-22) refer to HB 50 as “gun grab” legislation, and the NRA comments that the law bans “the use of some of the most popular pistols and rifles purchased by New Mexicans.” However, popularity does not equate with safety, and high-capacity magazines are often involved in mass shootings and other violent crime. Nine other states and the District of Columbia have already enacted bans on high-capacity magazines.
House Bill 72
This legislation, also introduced by Rep. Caballero, makes the possession or transfer of a “semi-automatic firearm converter” a Fourth Degree Felony. Exactly what the bill criminalizes is difficult to interpret as there can be many devices which can increase the firing rate of semi-automatic weapons to match that of fully-automatic ones. The bill defines converters as “a firearm accessory or any other device, part or combination of parts that is designed or functions to increase the rate of fire of a semiautomatic firearm to simulate a rate of fire otherwise achievable only with an automatic firearm.” Bump stocks are perhaps the most commonly known form of semi-automatic firearm converters.
House Bill 100
Sponsored by Rep. Andrea Romero (D-46), HB 100 calls for a 14-day waiting period on all firearm purchases. During the 14-day waiting period, a federal background check would be mandated.
The proposed legislation also requires firearms’ sellers “to hold a valid federal firearms license” and charge no more than $35 for the required federal background check.
About the possible new law Rep. Romero is on record as stating, “The idea for a waiting period law is essentially a common-sense way to prevent impulsive acts of gun violence from taking place.”
According to a KOAT 7 news report, “The rule wouldn’t apply to law enforcement agencies or a person who holds a current firearms license.” Firearm sales between immediate family members would also be excluded.
House Bill 101
Also introduced by Rep. Romero, this firearms legislation bans the purchase, sale, transfer, possession, manufacture of “assault rifles” (pistols, shotguns, semi-automatic rifles as defined by the bill). The bill also bans large capacity magazines, those capable of holding 10 or more rounds of ammunition.
According to the NRAILA article, “current owners would be required to move [large capacity magazines] 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.”
The New Mexico Political Report comments that State Senator Bill Soules (D-37) plans to introduce “his own version of an assault weapon ban.” Soules is quoted as saying, “Assault weapons are only weapons of war.” The Senator notes that the shootings at Robb Elementary School in Uvalde, Texas, not far from Lea County, last May, “should be enough to convince political leaders to support such a move this year.”
Sen. George Muñoz (D-4) is on record as stating that he is uncertain as to whether legislation banning assault weapons would ever make it to the governor’s desk to be signed into law. “I really don’t know. … We don’t know where everybody stands,” Sen Muñoz said.
Senate Bills
The senate will also consider firearms legislation. Sen. Peter Wirth (D-25) is introducing a bill that bans carrying firearms within 100 feet of a polling site during an election, and Sen. Bill O’Neill (D-13) is sponsoring legislation that prohibits the purchase or possession of an automatic or semi-automatic weapon by, including the sale of such a firearm to, anyone under 21 years of age.
Other Legislation on the Table
With so many gun control bills proposed, and shootings in the national news on a regular basis, this will likely be one of the big issues the New Mexico legislature grappled with during the 2023 regular session. However, there are many other topics to cover as well, with bills already proposed touching on a wide range of issues.
House Bill 7 is a proposed bill that will prevent local and county governments from infringing on people’s access to reproductive and gender-affirming care. House Bill 55 targets shoplifting with stricter penalties and is co-sponsored by Rep. Randall Pettigrew (R-61) who represents much of Lea County. House Bill 111 proposes making Holocaust education an elective course for students between 7th and 12th grade. The full list of legislation and details on proposed bills can be found on the NM legislature website.
Because it is still early in the session, it is difficult to know which bills will gain traction. Each bill will be referred to relevant committees before being put to a vote, and whatever bills do pass through the legislature will then need to be signed into law by Governor Lujan Grisham. Voters are encouraged to contact their representatives and voice their support or opposition to any proposed legislation.
