New Mexico: House Committee to Hear HB 402, New York-Style Gun and Magazine Ban, this Thursday, February 21!

Posted on February 19, 2013

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If you care about your right to own firearms and ammunition in New Mexico, you MUST attend this hearing and contact state lawmakers in opposition to this terrible bill!

The House Consumer and Public Affairs Committee will hold a public hearing on House Bill 402 this Thursday, February 21, at 1:30 pm (or upon adjournment of the House) in Room 315 of the State Capitol.  Please attend this hearing and voice your opposition to HB 402.  If this measure advances from this committee, it will go to the House Judiciary Committee.  Please also call AND e-mail committee members and urge them to oppose HB 402. (See listing below for committee member contact information.)

House Bill 402 by state Representative Stephen Easley (D-Eldorado), bans the future possession, transfer and transport of so-called “assault weapons” or “large-capacity ammunition-feeding devices.”  All such property owned in New Mexico prior to July 1, 2013 would be grandfathered, but the burden of proving ownership prior to that date is placed on the owner. Proving the date of purchase can be almost impossible and serial numbers do not exist on many magazines.

If HB 402 were enacted into law, ownership of the affected firearms and magazines could not be transferred AT ALL.  The only legal means of disposing of them would be through a gun “buyback” or surrender/turn-in program to law enforcement – no inheritance, no allowing a friend or relative to take custody of the prohibited property, no selling or transferring the property out-of-state or even to a federally licensed dealer (FFL).  Grandfathered owners of the firearms described below would be required to store them in a locked gun safe at all times except when the guns are being transported or used. Transportation would only be lawful if the firearm is unloaded, any detachable magazine is removed and the gun is equipped with a triggerlock.

The definition of “assault weapon” in HB 402 is an unmitigated disaster.  It does not list specifically-banned models but instead imposes a “one-feature test” for rifles, shotguns and pistols, as well as a catch-all for “a semi-automatic version of an automatic rifle, shotgun or firearm.”  A banned feature for both semi-automatic rifles that can accept a detachable magazine and semi-automatic shotguns would be a “secondhand grip” OR a “protruding grip that can be held by the non-trigger hand.”  Of course, ALL rifles and shotguns feature some sort of secondary gripping surface, as by definition they are designed or made to be fired from the shoulder and gripped with two hands.  So HB 402 could essentially ban ALL semi-automatic rifles that can accept a detachable magazine and ALL semi-automatic shotguns, unless they fit into one of the very narrow exemptions in this bill.

HB 402 also bans ammunition feeding devices with a capacity to accept more than ten rounds of ammunition or that contain more than seven rounds of ammunition.  This conflicting language is just one example of how poorly-drafted this bill is in a rush to follow New York’s lead (where gun control advocates sought to reduce the existing ten round state limit to seven.)  Additionally, HB 402 includes prohibitions on items specifically excluded in even the most far-reaching bans we’ve seen to-date: full ten-round magazines routinely used for competition and feeding devices that are curios or relics!

This is one of the worst gun control bills filed in the entire country.  You can read the proposed measure yourself here.

The House Consumer and Public Affairs Committee will hold a public hearing on HB 402 this Thursday, February 21, at 1:30 pm (or upon adjournment of the House) in Room 315 of the State Capitol.  Please attend this hearing and voice your opposition to HB 402.  If the measure advances from this committee, it will go to the House Judiciary Committee.  Please also call and e-mail committee members and urge them to oppose HB 402.

Recommendations for committee testimony/constituent contact with lawmakers:

• When testifying, please keep your comments under one minute and try not to repeat previous points made.  When e-mailing, make sure you put "OPPOSE HB 402" in the subject line and make your point brief in the body of the e-mail.

Always be respectful and polite when communicating with lawmakers.

• Speak to the bill and issue at hand, not a general constitutional argument.  For talking points against so-called “assault weapons” bans and limits on magazines, visit the NRA’s Gun Ban Facts page.

      House Consumer and Public Affairs Committee

 

Representative Eliseo Lee Alcon (D-Cibola & McKinley- 6) – Chairman

Phone: (505) 986-4844

E-mail:  eliseo.alcon@nmlegis.gov

 

Representative Patricia Roybal Caballero (D-Bernalillo-13) – Vice Chairman

Phone:  (505) 986-4243

E-mail:  pat.roybalcaballero@nmlegis.gov

 

Representative Thomas Anderson (R-Bernalillo-29)

Phone:  (505) 986-4451

E-mail:  Thomas.Anderson@nmlegis.gov

 

Representative Gail Chasey (D-Bernalillo-18)

Phone:  (505) 986-4412

E-mail:  Gail@GailChasey.com

 

Representative Jason Harper (R-Sandoval-57)

Phone:  (505) 986-4254

E-mail:  JasonHarperNM@gmail.com

 

 

    House Judiciary Committee

 

Representative Gail Chasey (D-Bernalillo-18) - Chairman

Phone:  (505) 986-4412

E-mail:  Gail@GailChasey.com

 

Representative Georgene Louis (D-Bernalillo-26) – Vice Chairman

Phone:  (505)

986-4464

E-mail:  georgene.louis@nmlegis.gov

 

Representative Eliseo Lee Alcon (D-Cibola & McKinley- 6)

Phone:  (505) 986-4844

E-mail:  eliseo.alcon@nmlegis.gov

 

Representative Cathrynn N. Brown (R-Eddy -55)

Phone:  (505) 986-4211

E-mail:  cath@cathrynnbrown.com

 

Representative Zachary J. Cook (R-Lincoln & Otero-56)

Phone:  (505)

986-4452

E-mail:  zachary.cook@nmlegis.gov

 

Representative Brian F. Egolf, Jr. (D-Santa Fe-47)

Phone:  (505)

986-4423

E-mail:  brian.egolf@nmlegis.gov

 

Representative Kelly K. Fajardo (R-Valencia- 7)

Phone:  (505)

986-4220

E-mail:  kelly.fajardo@nmlegis.gov

 

Representative Miguel P. Garcia (D-Bernalillo-14)

Phone:  (505)

986-4327

E-mail:  miguel.garcia@nmlegis.gov

 

Representative Nate Gentry (R-Bernalillo-30)

Phone:  (505)

986-4757

E-mail:  natefornm@gmail.com

 

Representative Emily Kane (D-Bernalillo-15)

Phone:  (505)

986-4464

E-mail:  emilykane4nm@gmail.com

 

Representative Antonio "Moe" Maestas (D-Bernalillo-16)

Phone:  (505)

986-4774

E-mail:  antonio.maestas@nmlegis.gov

 

Representative Terry H. McMillan (R-Dona Ana-37)

Phone:  (505)

986-4450

E-mail:  docmcmillan@gmail.com

 

Representative Paul A. Pacheco (R-Bernalillo & Sandoval-23)

Phone:  (505)

986-4214

E-mail:  paul.pacheco@nmlegis.gov

 

Representative William R. "Bill" Rehm (R-Bernalillo-31)

Phone:  (505)

986-4214

E-mail:  bill.rehm@nmlegis.gov

 

Representative Patricia Roybal Caballero (D-Bernalillo-13)

Phone:  (505)

986-4243

E-mail:  pat.roybalcaballero@nmlegis.gov

 

Representative Mimi Stewart (D-Bernalillo-21)

Phone:  (505)

986-4842

E-mail:  mimi.stewart@nmlegis.gov

 

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Further Reading

  • New Mexico: House Bill 77 Re-Incarnated – Same Song, Second Verse: Committee Substitute Still Contains Obama-Style Ban/Regulation Of Private Gun Transfers

    The proposed method in House Bill 77 has been changed, but the gun control advocates’ end-game remains the same: universal regulation of private firearms transfers.  The newly-released committee substitute for HB 77 would make it a crime for a private individual to transfer his or her legally-owned firearm without going through a federal firearm licensed dealer (FFL) to conduct a background check on the transferee.  Exceptions are made for only certain categories of individuals – family members, domestic partners, stepchildren, foster or adopted children, or persons who live in the same residence and maintain a single economic unit.  However, the provisions in HB 77 would still apply to gun sales, gifts, loans, rentals or trades between friends, neighbors, co-workers or more-distant relatives.  These restrictions would not apply to temporary transfers during hunting or target practice, but the possible breadth and scope of the legislation is endless.
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  • New Mexico House Passes Watered-Down Version of House Bill 77 While House Bill 402 Still Awaits House Committee Consideration

    Yesterday, the New Mexico House of Representatives passed House Bill 77 by a 43-26 vote, sending this measure to the state Senate for its consideration.  Earlier this week, HB 77 was withdrawn from the House Appropriations and Finance Committee since it no longer contained an appropriation needed to implement this measure as amended by the House Judiciary Committee.  While HB 77, introduced by Rep. Miguel Garcia (D-ABQ), has undergone significant revisions over the last two weeks, NRA-ILA still opposes this measure.  Click here to find out how your Representative voted on this bill.  Please be sure to contact and thank those who stood firm against this measure and also call and e-mail your state Senator to oppose HB 77.  Contact information for state lawmakers can be found here.
    FULL STORY