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

Tuesday, February 19, 2013

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:  [email protected]

 

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

Phone:  (505) 986-4243

E-mail:  [email protected]

 

Representative Thomas Anderson (R-Bernalillo-29)

Phone:  (505) 986-4451

E-mail:  [email protected]

 

Representative Gail Chasey (D-Bernalillo-18)

Phone:  (505) 986-4412

E-mail:  [email protected]

 

Representative Jason Harper (R-Sandoval-57)

Phone:  (505) 986-4254

E-mail:  [email protected]

 

 

    House Judiciary Committee

 

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

Phone:  (505) 986-4412

E-mail:  [email protected]

 

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

Phone:  (505)

986-4464

E-mail:  [email protected]

 

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

Phone:  (505) 986-4844

E-mail:  [email protected]

 

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

Phone:  (505) 986-4211

E-mail:  [email protected]

 

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

Phone:  (505)

986-4452

E-mail:  [email protected]

 

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

Phone:  (505)

986-4423

E-mail:  [email protected]

 

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

Phone:  (505)

986-4220

E-mail:  [email protected]

 

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

Phone:  (505)

986-4327

E-mail:  [email protected]

 

Representative Nate Gentry (R-Bernalillo-30)

Phone:  (505)

986-4757

E-mail:  [email protected]

 

Representative Emily Kane (D-Bernalillo-15)

Phone:  (505)

986-4464

E-mail:  [email protected]

 

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

Phone:  (505)

986-4774

E-mail:  [email protected]

 

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

Phone:  (505)

986-4450

E-mail:  [email protected]

 

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

Phone:  (505)

986-4214

E-mail:  [email protected]

 

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

Phone:  (505)

986-4214

E-mail:  [email protected]

 

Representative Patricia Roybal Caballero (D-Bernalillo-13)

Phone:  (505)

986-4243

E-mail:  [email protected]

 

Representative Mimi Stewart (D-Bernalillo-21)

Phone:  (505)

986-4842

E-mail:  [email protected]

 

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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.