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New Mexico House Passes Watered-Down Version of House Bill 77 While House Bill 402 Still Awaits House Committee Consideration

Thursday, February 14, 2013

Contact your state Representative and respectfully urge them to oppose HB 402 firearms and magazine Ban

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  Earlier this week, HB 77 was withdrawn from the House Appropriations and Finance Committee since it no longer contained an appropriation needed to implement this measure as amended by the House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.

As reported last week, House Bill 402 introduced by Rep. Stephen Easley (D-Eldorado) – a New York-style gun and magazine ban – has been referred to the House Consumer and Public Affairs Committee and the House Judiciary Committee, but it has still not been scheduled for a hearing.  We will notify you when that occurs but, in the meantime, please contact members of the House Consumer and Public Affairs Committee and the House Judiciary Committee and politely and respectfully urge them to oppose House Bill 402.  Their contact information can be found below. For more information on this bill, click here.

As introduced, HB 77 would have restricted all private firearm transfers - including those between family, friends, neighbors and co-workers.  Anyone who was not a federal firearms licensed dealer (FFL) would have had to contact the New Mexico Department of Public Safety prior to selling, giving, loaning, renting or trading any firearm to another; provide DPS with detailed information on the firearm being sold and the person to whom the firearm was being transferred; and receive approval from DPS before completing the transfer.  A gun transfer fee (tax) would have been imposed on the recipient to pay for this bureaucratic and duplicative process, which would have created a state registry of legal firearms transferors and purchasers.

The first committee substitute proposed for HB 77 would have made it a crime for an individual to transfer his or her legally-owned firearm without going through an FFL to conduct a background check on the transferee.  Exceptions were made for only certain categories of individuals – family, domestic partners, stepchildren, foster or adopted children or persons who live in the same residence and maintain a single economic unit – and temporary transfers for hunting or target practice, but that substitute would have still applied to gun sales, gifts, loans, rentals or trades between friends, neighbors, co-workers or more distant relatives.  No background check will ever be "universal" since criminals will simply ignore the law.  Universal background checks cannot be enforced without universal registration. 

The most recent version of HB 77, which the House Judiciary Committee ultimately approved, requires organizers or promoters of gun shows in New Mexico to provide the services of an FFL to process background checks for private firearm transfers, which would now be required at these events (except if the transfer is to a New Mexico concealed handgun licensee).  It provides protection for immunity from liability to the transferor and the FFL for complying with this requirement.  It also requires mental health records that would disqualify someone from being able to purchase or possess firearms to be reported to the FBI for inclusion in the National Instant Criminal Background Check System and establishes a process for restoration of rights if the disqualifying condition is removed.  Make no mistake; this legislation isn’t just about banning private sales at gun shows.  This is the first step toward criminalizing ALL private firearm transfers, even between family and friends, in New Mexico.

Please contact  members of the House Consumer and Public Affairs Committee and the House Judiciary Committee TODAY and very respectfully tell them to oppose House Bill 402!


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)


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)


E-mail:  zachary.cook@nmlegis.gov


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

Phone:  (505)


E-mail:  brian.egolf@nmlegis.gov


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

Phone:  (505)


E-mail:  kelly.fajardo@nmlegis.gov


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

Phone:  (505)


E-mail:  miguel.garcia@nmlegis.gov


Representative Nate Gentry (R-Bernalillo-30)

Phone:  (505)


E-mail:  natefornm@gmail.com


Representative Emily Kane (D-Bernalillo-15)

Phone:  (505)


E-mail:  emilykane4nm@gmail.com


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

Phone:  (505)


E-mail:  antonio.maestas@nmlegis.gov


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

Phone:  (505)


E-mail:  docmcmillan@gmail.com


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

Phone:  (505)


E-mail:  paul.pacheco@nmlegis.gov


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

Phone:  (505)


E-mail:  bill.rehm@nmlegis.gov


Representative Patricia Roybal Caballero (D-Bernalillo-13)

Phone:  (505)


E-mail:  pat.roybalcaballero@nmlegis.gov


Representative Mimi Stewart (D-Bernalillo-21)

Phone:  (505)


E-mail:  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.