Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

New Mexico: Non-Contiguous States Firearm Purchase Provision Explained

Friday, February 3, 2012

Senate Bill 26, sponsored by state Senator Bill Payne (R-Albuquerque), received a “do pass” recommendation in the Senate Public Affairs Committee on January 31.  This legislation is now expected to be considered in the Senate Judiciary Committee TOMORROW (Saturday, February 4) although at press time an exact time is not known.  Senators will be working this weekend, so please call Senate Judiciary Committee members on Saturday morning and urge them to support SB 26.  Contact information for the Committee Members can be found here.

This NRA and NMSSA-supported legislation would allow New Mexico residents to purchase long guns in non-contiguous states, and residents of non-contiguous states to purchase long guns in New Mexico. 

Some confusion has arisen over Senate Bill 26 and its companion bill in the House, House Bill 32 by state Representative Bill Rehm (R-ABQ).  The intent and effect of these measures is to clean up New Mexico's criminal code by removing provisions that became obsolete with the passage of the federal Firearms Owners' Protection Act (FOPA) in 1986. 

Originally, the federal Gun Control Act of 1968 banned interstate sales of firearms but contained an exception for long gun transactions occurring between federally licensed dealers (FFLs) and residents of contiguous states.  Such sales could occur only if “the purchaser’s State of residence permit[ted] such sale or delivery by law.” Thus, states then passed provisions such as NMSA Section 30-7-9 specifically allowing their residents to buy long guns from FFLs in contiguous states. 

FOPA, however, removed both the contiguous states limitation and the requirement that the purchaser’s state of residence specifically authorize the purchase.  Now, interstate sales of rifles and shotguns can occur between FFLs and residents of any state, as long as “the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.”  Some states which had passed enabling provisions similar to NMSA Section 30-7-9 have not revised their statutes to reflect this change in federal law.  This has caused confusion among FFLs who interpret "contiguous state" provisions as prohibiting long gun sales to residents of noncontiguous states.  What used to be viewed as "permissive" in the context of the federal GCA is now viewed as "restrictive" under FOPA.

To eliminate this confusion, the best course of action is to repeal the antiquated provisions of NMSA Section 30-7-9 which conflict with federal law.  That is what SB 26 and HB 32 would accomplish if enacted into law.

TRENDING NOW
Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

Hunting  

Friday, July 13, 2018

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

On July 11th, Governor John Carney signed Senate Bill 198 into law to expand hunting opportunities in Delaware by eliminating the prohibition against hunting for deer on Sundays and allowing for the harvesting of deer on Sundays ...

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

Wednesday, July 11, 2018

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

On Monday, the California Department of Justice, Bureau of Firearms (“CA DOJ”) officially withdrew the proposed regulations that would have expanded the improperly adopted “assault weapon” definitions, to apply in all circumstances. This withdrawal comes ...

NRA Files Comments in Support of Trump Administration’s Export Reform Effort

News  

Friday, July 13, 2018

NRA Files Comments in Support of Trump Administration’s Export Reform Effort

On Monday, the public comment period closed on a pair of rulemakings that could finally free American gun owners and small businesses from being trapped in a minefield of federal regulations designed for exporters of ...

Judge Brett Kavanaugh Has Earned NRA Members’ Support

News  

Second Amendment  

Friday, July 13, 2018

Judge Brett Kavanaugh Has Earned NRA Members’ Support

NRA members can feel confident throwing their enthusiastic support behind President Donald Trump’s nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. Throughout his time on the bench, Judge Kavanaugh has demonstrated deep respect ...

California: MASSIVE Data Breach and Significant Registration Problems with CA DOJ’s “Assault Weapon” Registration System

Saturday, July 7, 2018

California: MASSIVE Data Breach and Significant Registration Problems with CA DOJ’s “Assault Weapon” Registration System

Following the closure of the “assault weapon” registration period, NRA and CRPA received complaints from hundreds of individuals who were unable to register their firearms as required because CA DOJ’s online application system was unable ...

Mission Impossible: California Court Upholds Microstamping Law

News  

Tuesday, July 3, 2018

Mission Impossible: California Court Upholds Microstamping Law

It is not surprising that gun control activists who harp endlessly about “common sense” gun restrictions and the need for ever more legislative reforms (here, here and here, for example) aren’t particularly interested in whether the various bans and ...

NRA Applauds Brett Kavanaugh's Nomination to the U.S. Supreme Court

News  

Monday, July 9, 2018

NRA Applauds Brett Kavanaugh's Nomination to the U.S. Supreme Court

Fairfax, Va. -The National Rifle Association (NRA) applauds the nomination of Judge Brett Kavanaugh to fill Justice Anthony Kennedy’s seat on the United States Supreme Court. 

Too Young or Too Old... To Own a Gun?

News  

Friday, July 6, 2018

Too Young or Too Old... To Own a Gun?

A common theme among anti-gun extremists is what we often refer to as the “Goldilocks” approach to limiting access to firearms by law-abiding citizens.  Rather than admit that the ultimate goal is to disarm all ...

Hawaii: Governor Signs Trigger Modification Ban Into Law

Friday, July 13, 2018

Hawaii: Governor Signs Trigger Modification Ban Into Law

On Monday, July 9th, Governor David Ige signed Senate Bill 2046, which makes it a crime to manufacture, import, sell, gift, lend, or possess certain trigger modifications. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.