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NEW MEXICO
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Firearms Businesses & Organizations Joining Together to  Keep Our FREEDOMS & Right to Bear Arms

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Legislative Bills being lobbied in 2023

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Anti-Gun Bills defeated in 2023

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January 15th at 12:00

8307 Constitution Ave NE

Albuquerque, NM 87110

Albuquerque, NM 

Gun Dealer

2024 Legislative Proposals that will attack our 2nd Amendment Rights this next legislative session

Aiming Toward a Target

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NMFIA Mission.

To all Gun Store Owners and FFL Dealers ~
To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico.

By Tom Kaye

During the 2023 New Mexico legislative session, the firearms industry came perilously close to losing our right to sell firearms, accessories, and ammunition along with our constitutional rights protected by the Second Amendment.

 

A small group of firearms retailers, concerned citizens, the NM Shooting Sports Association, the National Shooting Sports Foundation (NSSF), and the American Suppressor Association, coordinated by the NRA state director, lobbied legislators and testified at committee meetings during the 2023 legislative session. We quickly discovered that most legislators did not understand what effect proposed bills would have, how bills would affect the firearms industry, what function the items being restricted serve, what regulations were already in place, or any unintended consequences of bills. From the receptions we received it quickly became apparent that there is a very large need to inform and educate legislators about the firearms industry and current laws. Many legislators didn’t care about Second Amendment rights, often referring to restrictions and bans “for the greater good”. Additionally, we discovered that a large portion of everyday New Mexicans had no idea that this was occurring.

After seeing how the 2023 state legislature wanted to destroy the firearms industry and personal firearm ownership in NM, the New Mexico Firearms Industry Association (NMFIA) was formed in March 2023. The NMFIA’s goals are to protect, preserve and promote the firearms industry in NM. We are non-partisan and aligned with the principles of the NSSF, which is the national trade association for the firearms industry. The NSSF leads the way in advocating for the industry, jobs, and keeping guns out of the wrong hands while encouraging the enjoyment of recreational shooting and hunting. They help people better understand the industry’s lawful products. We intend to exemplify the same values and principles for the state of NM.

 

We are separate from the New Mexico Shooting Sports Association, as they focus on individuals and Shooting Organizations, we are focused on the Fire Arms industry. Our efforts will parallel the NMSSA in many areas, and we look forward to working with them.

The bills that were introduced but failed to pass would eliminate sales or transfer of all NFA items, almost all semi-automatic rifles, attachments for so-called assault weapons, hollow point ammunition, and magazines holding more than ten rounds; raise the age to purchase a long gun to 21, implement a 14 day waiting period when purchasing a firearm and prohibit firearms within 100 feet of a polling place when voting is occurring.  Additionally, assault weapons, attachments, and magazines holding more than ten rounds would have to be registered with the state. Violations of most of these bills would be a 4th-degree felony.

Another failed bill, SB 428, would subject the firearms industry to a penalty of $250,000 for an unfair trade practice, while any other industry (except the marijuana industry, they were exempted) would be subject to a penalty of only $10,000.  Currently, that penalty is $300 for all industries. The definition of an unfair trade practice is very vague in the bill. The firearms industry is the only industry that a person could sue by simply knowing an alleged violation, even though that person wasn’t harmed. If a suit is brought against a firearms business and the plaintiff wins, the defendant will have to pay the plaintiff’s legal fees. If the defendant wins, the plaintiff is not liable for the defendant’s legal fees. This bill came very close to passing. It passed the full Senate and was on the House floor waiting for a vote when the session expired. The same legislator that sponsored the medical malpractice bill, which is chasing physicians out of NM, sponsored this bill. This would only be good for trial attorneys and bad for all NM businesses, except those in the marijuana industry.

 

On April 5, 2023, the governor announced she intends to pass an assault weapons ban in the 2024 legislative session. Most recently, she has also called to raise the age to purchase a long gun to 21 and mandate a 14-day waiting period when purchasing a firearm.

 

While we are still in our infancy, we need to quickly grow and prepare for the 2024 legislative session. We have elected officers, filed a charter with the NM secretary of state, and filed a 501(c) (6) non-profit application with the IRS. A website (newmexicofia.org) is being built that will have public and members-only sections and allow for paying dues online. Annual minimum dues have been set at $1000 for businesses with over $1,000,000 in annual revenue, $500 for companies with less than $1,000,000 annual sales, and $100 for a non-voting associate member. A business can join at a membership level above the minimum.

 

This will be a fierce battle but we strongly believe that the values of the firearms industry and New Mexicans are not currently represented in our legislature. If the industry is to survive in NM, we must be well organized and have coordinated representation in Santa Fe. We need members from the entire state to take an active role in lobbying their legislators, and educating their customer base so they can take action and be prepared to commit time and resources at legislative sessions. We do have the support of several legislators, but we still need more.

 

By joining the NMFIA your business will be part of the effort to keep the industry alive in NM, protect thousands of jobs, educate customers and policymakers about the industry and existing laws, encourage growth in the industry, promote safe and responsible use of firearms and allow NM citizens to exercise their second amendment right

OBJECTIVES.

  • Advocate for the firearms industry, its business and jobs.

  • Educate the public and lawmakers about initiatives regarding the firearms industry.

  • Provide updates to members concerning ongoing legislation.

  • Encourage members to keep their customer base informed regarding issues related to the firearms industry.

  • Share best practices to ensure the industry remains compliant with all laws and to keep guns out of the wrong hands.

  • Encourage enjoyment of recreational shooting and hunting; help people better understand the industry’s lawful products.

  • Partner with other firearms groups (NRA, NSSF, ASA, NMSSA, etc) to ensure a robust and safe firearms industry in NM.
     

BOARD

Board of Directors:

Erik Rasmussen      President

Jake Melidones     Vice President

Dennis Burt            Treasurer

Tom Kaye                Secretary

Jim Gifford             Director

David Loeffler        Director

Walter Bracken      Director

MEMBERS

Retail Members:

Erik Rasmussen-  Right to Bear Arms

Dennis Burt- Calibers

Jacob Melidones- Omni Arms

Walter Bracken- BMC Tactical

David Loeffler- Loeffler’s Guns

Rick Kennedy- SW Gunsmith Technologies

Dianne Johnson- Ron Peterson Firearms, LLC

Mark Abramson- Los Ranchos Gun Shop

Shawn Blas - Integrity Firearms

Arnie Gallegos-ABQ Guns

Members at Large:

Victor Wuamett

Gregory Cook

Dale Osmun

Jon Word

Christopher Frost

Hal Barnett

James Washburn

Tom Crow

Dale Josephson

BILL RECAP
16 FEB 2024

Morning Newspaper

IN THE NEWS

2024 SESSION OF THE NEW MEXICO LEGISLATURE COMES TO AN END

Read the  NRA-ILA  report CLICK HERE

The New Mexico Legislature concluded its 30-day session on Thursday at noon.  Gun control dominated the discussion during what was supposed to be a "budget session". NRA-ILA was at the Roundhouse every single day, fighting extremist gun control measures along with a coalition of pro-Second Amendment Republican and rural Democrat lawmakers, local and regional members of the firearms industry, grassroots activists and our state affiliate, the New Mexico Shooting Sports Association. Thank you to those who participated in committee hearings in-person or remotely to testify against these radical measures (we could use MORE of you!) and to everyone who contacted their state lawmakers in opposition to these proposals.  Your actions make a huge difference!

Progressive lawmakers worked to chip away at your Second Amendment rights this session, passing a 7-day waiting period on gun purchases and legislation prohibiting open carry near polling locations.  We must remain organized, engaged, and vigilant heading into an important election cycle.  The future of your ability to purchase and own firearms in the Land of Enchantment literally hangs in the balance!

Below is a final status report on the gun control bills this session:

House Bill 27 by Rep. Joy Garratt (D-ABQ)

Expands State Red Flag Law

Allowed law enforcement officers and licensed health care professionals to be "reporting parties" to petitioners for extreme risk protective orders and requires immediate surrender of firearms upon service of temporary or regular extreme risk protective orders (ERPOs). This law should be repealed, not expanded. Status: Left pending on House Calendar

House Bill 114 by Rep. Christine Chandler (D-Los Alamos)

Lawsuits Against the Firearms Industry

Allowed the attorney general or district attorney to bring nuisance actions against anyone in the firearms industry for failure to establish “reasonable controls and procedures” (a term left to the courts to interpret) when conducting lawful sales of legal products. This would vastly increase their liability exposure and make it nearly impossible to obtain insurance. Private causes of action are also created without award limits. Status: Left pending on House Calendar

House Bill 127 by Rep. Reena Szczepanski (D-Santa Fe)

Raise the Age

Banned anyone under the age of 21 from purchasing or possessing any semi-automatic firearm, or any standard capacity magazine capable of holding more than 10 rounds of ammunition, with limited exceptions.  Also criminalized the sale or transfer of ownership of these firearms or magazines to anyone under 21. Status: Left pending on House Calendar

House Bill 129 by Rep. Andrea Romero (D-Santa Fe)

7-Day Waiting Period

Mandates a 7-day waiting period for all gun buyers who pass an FBI background check, excluding concealed handgun licensees. This unnecessary restriction will have no impact on crime or prevent self-harm. The original bill called for a 14-day waiting period and had no exemption for licensees. Status: Passed House 37-33; Passed Senate 23-18; Sent to governor

House Bill 137 by Rep. Andrea Romero (D-Santa Fe)

Gun & Magazine Ban

Outlawed the manufacture, sale, transfer and possession of gas-operated semiautomatic rifles, as well as many handguns, that law-abiding citizens commonly own and use for self-defense, competition, and recreation. Current owners would have been forced to register them with DPS by January 1, 2025, to maintain possession. Banned standard capacity magazines capable of holding more than 10 rounds. Also attempted to supersede federal law by restricting certain NFA items. Status: Left pending on House Calendar

Senate Bill 5 by Sen. Peter Wirth (D-Santa Fe)

Gun-Free Zones: Polling Places

Creates 100ft “gun-free zones” around polling locations and ballot dropboxes during early voting and on election day, a proposal that criminals will ignore and will only serve to disarm law-abiding citizens. The House narrowly adopted an amendment to exclude voters who are concealed handgun licensees on a 35-34 vote.  The Senate author agreed to accept that amendment and also addressed concerns brought forth by Second Amendment advocates about firearms in private vehicles and persons possessing firearms for non-election-related business in venues open to the public that also house a polling place. Status: Passed Senate 26-16; Passed House 35-34; Sent to governor

Senate Bill 69 by Sen. Joseph Cervantes (D-Las Cruces)

14-Day Waiting Period

Imposed a 14-day waiting period for all gun buyers except concealed handgun licensees, which would have made for the longest firearm purchase delay in the country. Status: Left pending on Senate Calendar

Senate Bill 90 by Sen. Linda Lopez (D-ABQ)

Sportsmen's Tax

Proposed a California-style 11% excise tax on firearms, firearm precursor parts, suppressors, and ammunition, to be collected from New Mexico firearms retailers and sporting goods outlets. This would have made it more expensive for law-abiding citizens to exercise a constitutional right and to practice or train with firearms to become safer and more proficient when using them recreationally, or for hunting, competition, or self-defense. Status: Left pending in Senate committee

Senate Bill 204 by Sen. Daniel Ivey-Soto (D-ABQ)

Gun-Free Zones: Parks & Playgrounds

Prohibited the possession of firearms in city- or county-owned parks and playgrounds, enshrining the governor's Bernalillo County "public health emergency" gun ban in state statute. The administration's enthusiasm for the bill waned after a Democrat-controlled Senate committee amended the measure to exempt concealed handgun licensees from the restrictions. Status: Left pending in Senate committee

Senate Joint Resolution 12 by Sen. Peter Wirth (D-Santa Fe)

Repeal Firearms Preemption

Gutted the firearms preemption clause in Article II, Section 6 (the Right to Keep and Bear Arms provision) of the New Mexico Constitution and would have sent it to voters for approval. Without preemption, cities like Santa Fe would be able to pass whatever firearms restrictions they want -- including gun bans, magazine limits, licensing and registration schemes and prohibitions on carrying firearms on your person or in your car. Status: Left pending in Senate committee


Representative Joanne J. Ferrary - (D) 505-986-4844 joanne.ferrary@nmlegis.gov

Representative Angelica Rubio - (D) 505-986-4210 angelica.rubio@nmlegis.gov

Representative Stefani Lord - (R) 505-986-4453 info@lord2020.com

Representative John Block - (R) 505-986-4453 John.Block@nmlegis.gov

Representative Andrea Romero - (D) 505-986-4243 andrea@andrearomero.com

Representative Elizabeth "Liz" Thomson - (D) 505-986-4425 liz.thomson@nmlegis.gov

If you are concerned about this anti-2nd Amendment laws that harm your rights as a citizen you may find numbers below that will help you get your voice heard!

 

Or click the button below:

ALBUQUERQUE

400 Gold Avenue SW, Ste. 1080
Albuquerque, NM 87102

Phone: (505) 346-6601

Fax: (505) 346-6780

SANTA FE

Phone: (505) 988-6647

Fax: (505) 992-8435

FARMINGTON

7450 East Main Street, Ste. A
Farmington, NM 87402

Phone: (505) 325-5030

Fax: (505) 325-6035

LAS CRUCES

201 North Church St., Ste. 305
Las Cruces, NM, 88001

Phone: (575) 523-6561

Fax: (575) 523-6584

ROSWELL

200 East 4th Street, Ste. 300
Roswell, NM 88201

Phone: (575) 622-7113

Fax: (575) 622-3538

WASHINGTON D.C.

709 Hart Senate Office Building Washington, D.C. 20510

Phone: (202) 224-5521

Fax: (202) 228-2841

ON  THE  AIR

On the Air with Bob Clark.jpg

HOT LEGISLATION

Click < > Arrows on the PDF to view subsequent pages

HB-137

QUICK OVERVIEW

Specifically, HB 137 bans the manufacture, sale, and transfer of gas-operated firearms with detachable magazines; magazines that are capable of holding more than 10 rounds; bans handguns with fixed magazines that can hold more than 15 rounds of ammunition and long guns with fixed magazines that can hold more than 10 rounds of ammunition; bans parts or combinations of parts from which such firearms can be assembled; and attempts to supersede federal law by banning certain NFA items outright. Current owners of any of these firearms will have to register them with the New Mexico Department of Public Safety prior to January 1, 2025, to maintain possession, or transfer them out of state or to a federal firearm licensed dealer, or face criminal charges. The future transfer of these guns would be limited to immediate family, or to an FFL or someone out of state.

IN DEPTH ANALYSIS

NM HB 137, Gas-Operated Semiauto Firearms Exclusion Act: This is a stealth assault weapons bill: it applies to gas-operated semiautomatic firearms, machine guns/machine gun attachments, and standard capacity magazines (“large capacity ammunition feeding devices”). The specific types of “gas-operated semiautomatic firearms” that are covered as “regulated weapons” (“prohibited” weapons in Section 3) remain uncertain as these have to be designated on a list compiled by the state AG (Section 6). There is a separate “certification” provision applicable only to gas-operated semiautomatic firearms (not LCMs or machine guns/attachments), but the bill drafting on that is something of a dead end. The substantive prohibitions (possession, transfer, sale, receipt) on gas-operated semiautomatic firearms in Section 3 appear to apply to only “prohibited” firearms and parts, as listed (“regulated weapons”) but not the types of guns listed at Section 3(F); otherwise, anything else is open to being listed as a “regulated weapon.” The bill bans the manufacture, sale, transfer and receipt of any standard capacity magazine that holds over ten rounds made after July 1, 2024 as an LCM. It doesn’t ban possession of a pre-July 1st-made LCM or require surrender, but it prohibits any transfers after that date. As for “machine guns” (a wishy-washy category that is far from precise and includes certain semi-auto guns) and “machine gun attachments,” the bill’s Section 5 prohibits their import, sale, manufacture, transfer, receipt or possession, although it exempts machine guns and machine gun attachments “lawfully registered” with the ATF under the NFA. There is no certification option for these. None of these new crimes requires a “knowing” violation and, in the case of the machine gun/attachment provisions, a violation is a fourth degree felony. You have Josh’s one pager on the GOSAFE Act (S. 3369, the GOSAFE or Gas-Operated Semi-Automatic Firearms Exclusion Act). The key term is “gas-operated semiautomatic firearm” which in turn relies on two separate definitions, “gas operated” at Section 2(C), and “semiautomatic firearm” at Section 2(G). The definition of a “semiautomatic firearm” refers to any firearm that uses the energy of a fired cartridge to extract the case, chamber the next round, and reset the firing mechanism to fire again, that requires a separate pull or initiation of the trigger to fire each cartridge, and that isn’t a “machine gun,” as that is defined in the bill. “Gas operated” refers to any firearm that harnesses or traps a portion of the high-pressure gas from a fired cartridge to “cycle the action” by any of the five ways listed (all semiautomatics guns, by my reckoning). A “machine gun” is anything that falls within the federal NFA definition at 26 U.S.C. § 5845 (defining a “machinegun,” one word, as being “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person”). However, the bill (starting at page 3, line 25) also includes in the term any “semiautomatic firearm” that has been modified so as to “materially increase the rate of fire” or to “approximate the action or rate of fire of a machine gun,” which are not exact standards. The bill further augments “machine gun” by adding a definition of “machine gun attachment” (page 4, line 4), which among other things, includes just a part that attaches to a “semiautomatic firearm” so as to “materially increase the rate of fire” or to “approximate the action or rate of fire of a machine gun.” A “large capacity ammunition feeding device” at Section 2(D) means a magazine, belt, drum, feed strip, helical feeding device or similar (“including any such device joined or coupled with another in any manner”) with a capacity of more than ten rounds. It includes any such item that can be “readily restored, altered or converted to accept, more than ten rounds … and is not permanently fixed.” It does not include devices used exclusively for .22 or less caliber rimfire. These definitions do not apply across the bill because there are several exceptions, depending on the prohibition involved, and the substantive provisions can refer to several variations that aren’t necessarily part of the underlying definition (e.g., “a combination of parts…” in Section 3). The substantive provisions of this bill are a mess. Overall, I would guess that most, if not all, of this bill (with its certification requirements for lawful possession, bans of “regulated weapons,” magazines and parts, near-bans on certain sales and transfers, and restrictions on where certain semiautomatic firearms may be possessed) is invalid under the Bruen analysis. A. Gas-operated semiautomatic firearms. Section 6 requires the Attorney General to develop, after consultation with the department of public safety, a “list of gas-operated semiautomatic firearms” that are “subject to” the bill, with a deadline of December 1, 2024. The list has to be published. This Section doesn’t refer to certified weapons or certification, and is titled “regulated weapons” (Section 3 calls the listed guns “prohibited”). Also by December 1, the AG has to publish the “manner in which gas-operated semiautomatic firearms shall be marked pursuant to Subs. E of Section 3.” Section 7 requires the Attorney General, after consultation with the department of public safety, to develop and have a certification process in place by October 1, 2024, “for certifying gas-operated semiautomatic firearms pursuant to Section 5” of the bill. As worded, this certification doesn’t apply to gas-operated semiautomatics or specific guns on the Section 6 list, because Section 5 of the bill (at page 12, line 13) doesn’t deal with gas-operated semiautomatic firearms at all. It covers exclusively machine guns or machine gun attachments, which can’t and don’t come within the definition of a “gas-operated semiautomatic firearm.” Section 7 is the only section on certification, based on references in Section 3 and Section 8. The bill isn’t clear on whether Section 6’s “regulated weapons” are the only ones that have to be certified. Even assuming there is an intelligible certification process, there is no procedure for “decertification” or correction of the AG records. Once a certified gun is “transferred” (insofar as Section 3(C) allows), the original “certifier” has no way to update the state records. The Section 7 certification also doesn’t clearly refer to the gun’s owner but the possessor, as it requires an affidavit that a “person possessed the semiautomatic firearm pursuant to Section 5 [the incorrect section] …prior to January 1, 2025,” along with make, model, serial number, caliber and the individual’s personal information. A “completed certification submitted to the attorney general by a person pursuant to this section creates a rebuttable presumption that the person is entitled to possess and transport the gas-operated semiautomatic firearm.” Section 3(A) is the substantive offenses section that criminalizes possession, transfer, sale, import, receipt and manufacture of certain gas-operated semiautomatic firearms. Based on Section 3(F) (page 9, starting at line 5) and for the purposes of Section 3 only, a “gas-operated semiautomatic firearm” excludes all of the things listed below: · any firearm that uses/designed to use exclusively .22 caliber rimfire ammunition. · any rifles that are single-shot, or breech-loading with a capacity not over two rounds; or muzzleloading or smoothbore shoulder-fired “firearms,” or that use a bolt action, lever action or pump action, or with a permanently fixed magazine “with a capacity not to exceed ten rounds of ammunition that cannot be converted or changed to accept more than ten rounds.” · any shotguns that are single-shot, or breech-loading with a capacity not over two rounds, or muzzleloading, or that use a bolt action, lever action or pump action, or are “semiautomatic or autoloading” without a detachable magazine, or with a permanently fixed magazine with a capacity not to exceed ten rounds of ammunition that cannot be converted or changed. · any single shot handgun, breech loading handgun with a capacity not over two rounds, muzzleloading or smoothbore handgun, bolt action handgun, single- or double-action revolver, or single- or double-action semiautomatic handgun that uses recoil to cycle the action, or a handgun with a permanently fixed magazine that doesn’t exceed 15 rounds and cannot converted or changed to accept more. · a breech-loading firearm capable of holding a single cartridge and a single shotgun shell simultaneously that must be reloaded after firing those rounds. Otherwise, under Section 3(A), as of January 1, 2025, it is a crime for anyone to import, sell, manufacture, transfer or receive a firearm included on the list of prohibited gas-operated semiautomatic firearms compiled by the attorney general. Section 3(B) makes possession of anything included in subs. (A) a crime, too. This includes “a modified non-prohibited firearm that, as modified, operates as a firearm included on the list,” any “combination of parts that is designed and functions to modify an otherwise non-prohibited firearm so that the firearm, as modified, operates as a gas-operated semiautomatic firearm included on the list,” or “designed to be assembled into a firearm that operates as a firearm included on the list,” or even “a combination of parts that functions to produce a gas-operated semiautomatic cycling action.” There is no requirement that any of these prohibited actions be committed “knowingly,” which exponentially increases the risk of an inadvertent violation. Absent the AG’s list, it’s not possible to predict what is going to be prohibited, although the language (modified non-prohibited firearm that operates as a firearm included on the list, and combination of parts “designed to be assembled,” and a “combination of parts that functions to produce a gas-operated semiautomatic cycling action”) is potentially overbroad and vague, requiring a determination of how many parts are required to cross the line into design and function – and not all gas-operated semiautomatic cycling actions are prohibited (a firearm that uses/designed to use exclusively .22 caliber rimfire uses a gas-operated semiautomatic cycling action but is exempt, and so its gas-operated cycling action should be as well). For firearms that are included in Section 3, exemptions to subs. (A) and (B) are listed at Section 3(C) and (D). Subs. (C) exempts “importation or manufacture by or for, sale or transfer to or possession by or under the authority of” listed government entities. Section 3 prohibits “import, sell, manufacture, transfer or [receipt],” and while subs. (C) exempts the government for “sale or transfer to,” the exemption will not allow the government to sell or transfer the firearms, as in the case of surplus or obsolete equipment. There is no general FFL (manufacturer, dealer) exemption here; to be exempt, the manufacture, sale, import or transfer has to be done for one of the government agencies in Section 3(C). An FFL’s “possession” is exempted only if it is “possession by or under the authority of” the government entities listed, which likely doesn’t cover the FFL (which means the possession restriction below applies). With respect to gas-operated semiautomatic firearms covered by Section 3 and individuals, subs. 3(C)(3) exempts possession, but only if, prior to January 1, 2025, the gun was manufactured, transferred by the manufacturer to another party, and “certified by the owner” under Section 7. This requirement likely means that many “homemade” firearms cannot be certified, because the “manufacturer”(owner) has to transfer the gun to another party before it may be certified. There is also the question of compelled incrimination: in order to avoid liability for the possession crime under Section 3(B), a person has to complete the certification under Section 3(C)(3) (which refers to a “lawfully” manufactured, but not “lawfully possessed,” firearm). Certification requires an affidavit in which the applicant discloses name, address, date of birth, the gun’s serial number, make, and model, and that possession predates January 1, 2025. The bill specifically states (page 15, line 20) that this information may be disclosed to “law enforcement agencies acting in the performance of their duties,” and punishes false statements as perjury (line 24). The possession crime and exemption in Section 3 don’t carve out an exception for nonresidents who move to New Mexico and come within Section 8, where firearms/parts made after July 1, 2024 (regardless of when the nonresident arrives in New Mexico) may be lawfully possessed for 60 days pending certification. As for transfers by individuals, Section 3(C)(4) and (5) allow only a couple of kinds of transfers: if the gun was lawfully possessed prior to January 1, 2025, and either (1) the transferee is an “immediate family member” (the limited class in the bill) who “immediately” certifies the gun upon taking possession, or (2) the gun has been certified and is being transferred to a licensed gun dealer or a person residing/maintaining it in another state. This subsection refers only to a “transfer” but not a “sale,” and the two terms are not synonymous (the substantive prohibition uses both). “Transfer” isn’t defined, but the existing law, NM. Stat. § 30-7-7.1 on private background checks defines a “sale” as a transaction involving “the delivery or passing of ownership, possession or control of a firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business.” Does “transfer” exclude a “sale,” and does “transfer” include “temporary possession or control” of a firearm? Another problem with the possession and transfer rules for individuals is that a certification doesn’t apply to parts; only a “firearm” may be certified. Section 3(A) and (B) criminalize transfers, sales and possession of the various “combination of parts,” but a previously lawful possessor has no option besides destruction, because possession or transfer (out-of-state or to an FFL) aren’t possible without certification. For individuals who possess a gas-operated semiautomatic firearm in compliance with the certification requirement, Section 3(D) still limits the places where these may be possessed: on private property owned or immediately controlled by the person; on private property that is not open to the public with the express permission of the person who owns or immediately controls such property; while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful transfer or repair of the firearm; while engaged in the legal use of the firearm at a properly licensed firing range or sport shooting competition venue; or while traveling to or from the locations described above, provided the gun is unloaded and enclosed in a case, shipping box or other container. There are no exemptions for anyone (concealed carry licensees, law enforcement, LEOSA, the military). The exemption for government agencies at Section 3(C) applies to possession, but that exemption is limited to subs. (A) and (B) and not (D), so this “locations” ban applies to governments and their agents and employees. There is no exemption for lawful self defense in any location that isn’t listed (as the gun has to be unloaded and cased at all times). Section 8, dealing with out-of-state individuals who are travelling and transporting a prohibited firearm /parts under Section 3(B) or a LCM “manufactured after July 1, 2024” (unclear whether this date refers to just the LCM or both, but likely both given page 17, line 12), allows the traveler to possess the items for a 24-hour period provided the person is coming from and going to a place where he or she may lawfully possess the firearm/parts or LCM, and the item is not readily accessible from the passenger compartment or is locked in a separate container. The exception expires after 24 hours. This appears to conflict with the federal interstate transportation of firearms law at 18 U.S.C. § 926A, which allows transport of firearms/ammunition (not LCMs, which aren’t regulated) without a 24-hour time limit and without a cut-off date by which the item have to be manufactured by to be lawfully transported; the federal law specifically states that it overrides state law (“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof…”). Second, the Section 8 traveler provision doesn’t specifically override Section 3(B) (possession crime), and Section 3(B) has no exceptions for persons falling within Section 8. Licensed gun dealers will be required to mark, before any transfer, a gas-operated semiautomatic firearm imported or manufactured after January 1, 2025, in a manner specified by the Attorney General; Section 3(E) and Section 6(D). B. Large Capacity Ammunition Feeding Devices (LCMs). The definition of an LCM at Section 2(D) includes a device, other than for .22 caliber rimfire rounds, that “has an overall capacity of, or that can be readily restored, altered or converted to accept, more than ten rounds of ammunition; and (b) is not permanently fixed.” There is a 2020 Colorado case, Rocky Mountain Gun Owners v. Polis, 467 P.3d 314 (Colo. 2020), that looked at an LCM ban law where the language was “a device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds.” The plaintiffs claimed the definition was unconstitutional as banning practically all detachable magazines, because the very large majority of detachable box magazines contain a removable floor plate. This “inherently creates the possibility” that the magazine can be extended through commercially available extension products or readily fabricated extensions, such that nearly every magazine can be “readily converted” to exceed the 15 round limit. The court upheld the law only because it had the words “designed to be” as part of the definition, which this bill does not. While removable base pads made it possible to increase the capacity of a magazine, they were not specifically designed to be so modified or converted to LCMs. Rather, manufacturers designed magazines with base pads with the intent to facilitate cleaning, maintenance, and repair. The court at page 330 appeared to agree that without the “narrowing” reference to “designed” in the law, the argument advanced by the plaintiffs would be entirely plausible: “the legislature would have achieved the meaning Plaintiffs suggest had it entirely omitted the words ‘designed to be’ from the definition. So written, subsection (2)(a)(I) would include any ‘magazine ... capable of accepting or [being] readily converted to accept’ more than fifteen rounds.” Section 4 of the bill generally bans import, sale, manufacture, transfer or receipt of an LCM manufactured after July 1, 2024, although there is an exception for importation or manufacture by or for, sale or transfer to or possession by or under the authority of, the same government entities that are exempted with respect to “prohibited firearms.” Section 4(B) prohibits persons in possession of an LCM “manufactured and purchased or transferred before July 1, 2024” from transferring the LCM after July 1, 2024. There are no exceptions. Section 4(D) requires a person who possesses an LCM “imported or manufactured under Subsection C of this section after January 1, 2025” (the governmental possession, etc. exception) to mark it in the manner prescribed by the AG before any transfer. Section 6(D) sets out the AG’s responsibilities on marking rules. As mentioned, “transfer” isn’t defined in this bill but it must mean something other than sale. The bill also bans “receipt” of an LCM made after July 1, 2024, but there is no general marking requirement regarding date, and the crime isn’t one of a “knowing” receipt – how is a person to ascertain whether the LCM’s manufacture postdates the July 1, 2024 cut-off date? Section 4(A) appears to conflict with the provision in Section 8(C), which in turn conflicts with Section 7 (certification). Section 8(C) refers to any LCM made after July 1, 2024 “that is lawfully certified within sixty days in accordance with Subsection B of this section” (a nonresident relocating to New Mexico at any time) “in which the transferee is:(1) an immediate family member of the transferor; (2) a firearms dealer or gunsmith for the purpose of lawful transfer or repair of the firearm; or (3) a person residing in another state.” Section 8(C) frankly doesn’t make much sense at all because the certification requirement doesn’t apply to LCMs, and there is a blanket prohibition in Section 4 on LCMs made prior to July 1, 2024 being transferred after July 1, 2024. C. Machine Guns/Machine Gun Attachments. The bill (starting at page 3, line 25) defines a “machine gun” as including not just the NFA definition, but any “semiautomatic firearm” that has been modified so as to “materially increase the rate of fire” or to “approximate the action or rate of fire of a machine gun.” There is similar language at page 4, line 4 for a “machine gun attachment” (bump stocks, binary triggers and mechanical/electronic accelerators, most likely). Section 5 (page 12, line 13) deals with these items, and as of July 1, 2024, imposes an almost complete ban on the import, sale, manufacture, transfer, receipt or possession, although it exempts any machine guns and machine gun attachments lawfully registered with the ATF pursuant to the NFA. (The other exemption is the standard government agencies exception.) Unlike the other provisions of this bill, a violation is not a misdemeanor but a fourth degree felony (see page 13, line 14 and Section 19). This is big concern because none of these crimes require a knowing or intentional violation. Parts or modifications that allow guns to fire more rapidly or efficiently (including those used by competitive or disabled shooters) could be prohibited by this bill depending on how “materially increase” and “approximate the action or rate of fire of a machine gun” are applied.

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CALIFORNIA-STYLE GUN AND AMMO TAX PRE-FILED IN NEW MEXICO SENATE

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The attacks on the Second Amendment keep coming in the Land of Enchantment!  More anti-gun legislation has been pre-filed this week, this time by State Senator Linda Lopez (D-ABQ), who is proposing a California-style 11% excise tax on firearms, firearm precursor parts, suppressors, and ammunition, to be collected from New Mexico firearms retailers and sporting goods outlets and placed in both the crime victims reparation fund and a fund for services to children and families involved in abuse or neglect situations (the latter being an area where the current administration and state agencies have failed abysmally.)  This bill would make it more expensive for law-abiding citizens to exercise a constitutional right and to practice or train with firearms to become safer and more proficient when using them recreationally, or for hunting, competition or self-defense.

This tax on your Second Amendment rights will not be assigned a bill number until after the New Mexico Legislature convenes next Tuesday, January 16th.  And we are still waiting for progressive, anti-gun lawmakers to file Governor Gun Grab's legislation banning semi-automatic firearms and limiting magazine capacity.  Now is the time to begin contacting your State Senator and State Representative and urging them to OPPOSE waiting periods and special taxes on lawful firearms purchases, bans on commonly-owned semi-automatic firearms, and limits on standard capacity magazines for those firearms.

Also, make sure you register for NRA-ILA's pre-session webinar taking place at 7:00pm on Monday, January 15th, to learn how you can help stop these attacks on your Second Amendment rights at the Roundhouse. Advance sign-up is required and you can do so by clicking here.

The GOVERNMENT that STOLE YOUR GUNS

While many New Mexicans prepare to spend the holiday season with their loved ones, and many gather to watch "The Grinch That Stole Christmas", Governor Lujan Grisham and other anti-gun lawmakers are writing their own story, "The Government that Stole Your Guns".  

 

Last week, Governor Lujan Grisham announced her support to pass a state-version of U.S. Senator Heinrich's unconstitutional GOSAFE gun and magazine ban during the upcoming 30-day legislative session. Adding to the anti-gun push, the joint interim Courts, Corrections & Justice Committee endorsed a 14-day waiting period on all firearm purchases and a ban on carrying firearms within 100 feet of any polling place or ballot drop box. These endorsements give momentum to unconstitutional anti-gun proposals, however clicking below to contact your lawmakers will make clear that we will not stand for such infringements of our Second Amendment Rights! 

Rather than addressing the serious surge of violent crime across New Mexico, which is a direct consequence of Governor Lujan Grisham's soft on crime policies, they want to create spectacle of your constitutionally given rights. However, your NRA-ILA New Mexico team continues to be hard at work preparing the upcoming 30-day legislative session and will be on the ground at the Roundhouse. Prefiling for the session begins on January 2nd and the Legislature will convene on January 16. 

 

However, your grassroots engagement and willingness to join in the fight, will be crucial as we all continue to Defend the Second Amendment in New Mexico. So here is what YOU can do:

 

1. Register for our New Mexico Statewide Webinar on January 15 at 7:00 p.m. MST HERE!

Join your NRA-ILA New Mexico Team to discuss the 30-day legislative session and what anti-gun legislation we expect to fight in the Roundhouse. Also, learn how you can join our Frontlines and participate in  various programs such as becoming a Frontlines Activist Leader

 

2. Forward this alert to FIVE people!

Our biggest resource as pro-Second Amendment citizens is the diverse and passionate community that we call our own. Pass this message on to your friends, family and coworkers, encouraging them to join our Frontlines and stay engaged! 

 

With any questions or concerns, please do not hesitate to reach out by emailing me at clay@nrailafrontlines.com or call (703) 943-6566. We must continue to fight on the Frontlines leading up to 2024, and we hope you can join us on our NRA-ILA New Mexico Webinar on January 15 for a very important virtual meeting!

WATCH NOW! NEW MEXICO SUPREME COURT HEARING ORAL ARGUMENTS IN NRA LAWSUIT AGAINST GOVERNOR'S GUN BAN!

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Read on for important information about NRA-ILA statewide webinar on upcoming legislative session.

Dear NRA member:

WATCH NOW!  At 9:30am MST TODAY, the New Mexico Supreme Court will hear oral arguments in NRA's landmark lawsuit, filed along with concerned citizens, Republican state lawmakers and the Republican Party of New Mexico, against Governor Michelle Lujan Grisham and her use of public health orders to nullify your Second Amendment rights in Bernalillo County and across the state.  Tune in to watch the proceedings at this link:

https://www.youtube.com/@newmexicosupremecourt/streams

Prefiling of bills for the 2024 session of the New Mexico Legislature has begun.  Gun control advocates have already filed House Bill 27, legislation which expands New Mexico's red flag gun confiscation law by allowing law enforcement officers and licensed health care professionals to be "reporting parties" to petitioners for extreme risk protective orders and by requiring immediate surrender of firearms upon service of temporary or regular ERPOs (current law provides for up to 48 hours.)  New Mexico's ERPO law, which tramples on civil liberties with little or no due process, should be repealed – not expanded! 
 

NRA-ILA will host a statewide webinar for NRA members and Second Amendment supporters on Monday, January 15, at 7:00pm MST to discuss this measure and other radical legislation impacting your gun rights that we fully expect to see filed in the coming days or weeks, including bans on commonly-owned semi-automatic firearms, limits on magazine capacity, proposals to raise the age for firearms purchases and waiting periods for lawful gun buyers.  Find out how what you can do to help fight these extreme attacks on your liberty and freedom in the Land of Enchantment.  Registration is required and you can do so at this link.

Firearm Purchase Delay Bill Pre-Filed in New Mexico: 14-Day Waiting Period Would Be the Longest in the Nation!

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Legislation was pre-filed late yesterday in the New Mexico State Senate by Sen. Joseph Cervantes (D-Las Cruces), which imposes a 14-day waiting period on lawful gun buyers. This measure will add nothing to the existing FBI background check process and will only delay your ability to exercise your Second Amendment right to purchase firearms to defend yourself, your family, and your property. The delay would also apply when you go to a federal firearm licensed dealer (FFL) to be transferred a firearm you ordered online. If this bill passes, it would make for the longest firearms purchase waiting period in the entire country! 

The waiting period measure won't be assigned a bill number until after the New Mexico Legislature convenes next Tuesday, January 16th. And, we are still waiting for progressive, anti-gun lawmakers to file Governor Gun Grab's legislation banning semi-automatic firearms and limiting magazine capacity. Now is the time to begin contacting your State Senator and State Representative and urging them to OPPOSE waiting periods on lawful firearms purchases, bans on commonly-owned semi-automatic firearms, and limits on standard capacity magazines for those firearms.

 

Also, make sure you register for NRA-ILA's pre-session webinar taking place at 7:00pm on Monday, January 15th, to learn how you can help stop these attacks on your Second Amendment rights at the Roundhouse. Advance sign-up is required and you can do so by clicking here.

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