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New York-Style Gun & Magazine Ban Comes to New Mexico!

Wednesday, February 6, 2013


Just last month, the New York Legislature enacted an all-out assault on law-abiding gun owners and New Mexico could be poised to follow their lead, unless state Representatives and Senators hear from you TODAY!

House Bill 402, introduced by state Representative Stephen Easley (D-Eldorado), bans the future possession and transport of a so-called "assault weapon" 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.

Ownership of the affected firearms and magazines could not be transferred AT ALL. The only means of disposing of them would be through a gun "buyback" or 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. 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. Transport 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 doesn't list specifically-banned models and 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 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.) 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. It must be stopped, and that can only happen if you make your opposition clear to state lawmakers before this measure gets any traction or momentum.

HB 402 has been referred to the House Consumer & Public Affairs Committee and the House Judiciary Committee. At this time, it has not yet been scheduled for a hearing, but that could happen very soon. Please contact members of the House committees below, your own state lawmakers and Governor Susana Martinez, and urge them to help defeat the worst gun bill ever in New Mexico.

Governor Susana Martinez

Phone:  505-476-2200

Email:  www.governor.state.nm.us/Contact_the_Governor.aspx


House Consumer and Public Affairs Committee


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

Phone: (505) 986-4844

Email:  eliseo.alcon@nmlegis.gov


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

Phone:  (505) 986-4243

Email:  pat.roybalcaballero@nmlegis.gov


Representative Thomas Anderson (R-Bernalillo-29)

Phone:  (505) 986-4451

Email:  Thomas.Anderson@nmlegis.gov


Representative Gail Chasey (D-Bernalillo-18)

Phone:  (505) 986-4412

Email:  Gail@GailChasey.com


Representative Jason Harper (R-Sandoval-57)

Phone:  (505) 986-4254

Email:  JasonHarperNM@gmail.com



House Judiciary Committee


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

Phone:  (505) 986-4412

Email:  Gail@GailChasey.com


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

Phone:  (505)


Email:  georgene.louis@nmlegis.gov


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

Phone:  (505) 986-4844

Email:  eliseo.alcon@nmlegis.gov


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

Phone:  (505) 986-4211

Email:  cath@cathrynnbrown.com


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

Phone:  (505)


Email:  zachary.cook@nmlegis.gov


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

Phone:  (505)


Email:  brian.egolf@nmlegis.gov


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

Phone:  (505)


Email:  kelly.fajardo@nmlegis.gov


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

Phone:  (505)


Email:  miguel.garcia@nmlegis.gov


Representative Nate Gentry (R-Bernalillo-30)

Phone:  (505)


Email:  natefornm@gmail.com


Representative Emily Kane (D-Bernalillo-15)

Phone:  (505)


Email:  emilykane4nm@gmail.com


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

Phone:  (505)


Email:  antonio.maestas@nmlegis.gov


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

Phone:  (505)


Email:  docmcmillan@gmail.com


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

Phone:  (505)


Email:  paul.pacheco@nmlegis.gov


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

Phone:  (505)


Email:  bill.rehm@nmlegis.gov


Representative Patricia Roybal Caballero (D-Bernalillo-13)

Phone:  (505)


Email:  pat.roybalcaballero@nmlegis.gov


Representative Mimi Stewart (D-Bernalillo-21)

Phone:  (505)


Email:  mimi.stewart@nmlegis.gov

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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.