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New Mexico: House Committee Approves HB 50, NRA-Opposed Legislation Criminalizing Private Firearm Transfers

Sunday, February 5, 2017

New Mexico: House Committee Approves HB 50, NRA-Opposed Legislation Criminalizing Private Firearm Transfers

Make Sure You Continue Contacting Your State Lawmakers in Opposition to HB 50 & SB 48

In spite of opponents clearly outnumbering supporters at Saturday's public hearing, the New Mexico House Consumer & Public Affairs Committee voted 3-1 to approve House Bill 50, NRA-opposed legislation banning private firearms sales and transfers sponsored by state Representative Stephanie Garcia Richard (D-Los Alamos) and being pushed by billionaire Michael Bloomberg’s national gun control group Everytown for Gun Safety.  State Reps. Eliseo Lee Alcon (D-Milan), Patricia Roybal Caballero (D-ABQ) and Deborah Armstrong (D-ABQ) all voted "yes" on the measure and the lone "no" vote was by state Rep. Bob Woolley (R-Roswell).

Earlier in the week, the Senate Public Affairs Committee approved an identical measure on a 5-3 party line vote.  Each measure now moves on to the Judiciary Committee of the respective chamber, but neither have been scheduled for a public hearing at this time. 

Please continue contacting your state Representative and urging them to OPPOSE HB 50.  Also keep calling and emailing your state Senator and asking them to OPPOSE SB 48.

Thank you to the NRA members who attended the hearing and spoke against this bill that will cost law-abiding citizens time, freedom and money.  We also appreciate the dedicated officers representing the New Mexico Sheriffs Association who testified that this measure would be unenforceable and do nothing to stop criminals.   It should also be mentioned that nearly a dozen House Republican Caucus members who don't serve on this committee attended the hearing this weekend to represent the views of their constituents who were unable to make the long drive to Santa Fe to oppose these bills: House Republican Whip Rod Montoya (Farmington), House Republican Caucus Chair Candy Ezzell (Roswell), State Rep. David Gallegos (Eunice), State Rep. Greg Nibert (Roswell), State Rep. Yvette Herrell (Alamogordo), State Rep. Rick Little (Chaparral), State Rep. Sharon Clahchischilliage (Kirtland), State Rep. Jim Townsend (Artesia), State Rep. Paul Bandy (Aztec), State Rep. Rebecca Dow (T Or C) and State Rep. Larry Larranaga (ABQ).

Everytown and the media continue to mislead lawmakers that this bill simply closes the non-existent “gun show loophole” and regulates online firearms sales.  In fact, this measure is far more expansive

Senate Bill 48House Bill 50 prohibits you from selling or gifting your firearms to any distant relatives, friends, neighbors, business associates, or fellow gun club members without government permission.  The bill would criminalize nearly all private firearm sales between individuals unless they are conducted through a licensed dealer involving extensive federal paperwork, background check and payment of an undetermined fee.  Licensed dealers maintain paperwork recording these transfers for twenty years and then turn it over to the federal government if they ever go out of business. 

SB 48/ HB 50 similarly restrict temporary firearm transfers or loans -- not just gun sales.  There are a limited number of exemptions, including transfers taking place exclusively at shooting ranges, while hunting or trapping, or during an organized competition or performance, or any time the transferor remains present the entire duration of the transfer.  These exemptions are confusing, raise serious questions about the bills’ scope, compliance and enforceability, and highlight the overreach of the measures.  Activities that could be criminalized under the bills without going through an FFL and obtaining government permission:

  • An individual loaning his or her significant other a handgun for self-protection when homes or apartments in her neighborhood have been burglarized;
  • A member of the military who is deployed overseas and wants to store his or her personal firearms with a trusted friend;
  • Someone borrowing their co-worker’s gun to take on a hunting trip, to the local range or to shoot on BLM land when the colleague cannot accompany him or her on the excursion.
  • Working ranch employees possessing and transporting ranch-owned rifles in vehicles or on their person.
  • Volunteers staging auction or raffle items for a non-profit, charitable fundraising event where a firearm is displayed.

SB 48/ HB 50 also require the return of loaned firearms to original owners be conducted through a licensed dealer, with completion of federal paperwork and payment of an undetermined fee. 

Please click the “Take Action” button above to contact your state lawmakers and urge them to oppose Senate Bill 48 and House Bill 50 when they come up for a vote.  To locate who represents you, click here.

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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.