Gas prices set to skyrocket after MLG signs 50+ cent per gallon gas tax bill

By Gregory Hollister / March 5, 2024 / New MexicoNewsPolitics

THIS IS WHAT YOU GET FROM PROGRESSIVE DEMOCRATS!

IF YOU KEEP ELECTING THEM, THEY WILL SCREW YOU EACH AND EVERY TIME!!!

On Tuesday, the far-left, anti-energy Gov. Michelle Lujan Grisham signed H.B. 41 into law. The bill sponsored by Sen. Mimi Stewart (D-Albuquerque) is dubbed the “clean fuel standard.”

The bill will increase gas prices by at least 50 cents per gallon, and you can expect similar increases in groceries and supplies and pretty much everything else. This bill will make life more expensive in New Mexico for average consumers — harming the poorest New Mexicans, who will take the biggest hit with the new law. 

The bill finally passed the Legislature by a thin margin of 36-33 in the House of Representatives.

California, Oregon, and Washington have similar laws in place, and the gas prices in these states have risen significantly due to the radical proposal. 

According to the California Energy Commission, “Filling up the tank in California also costs more since gasoline prices are higher on average than the rest of the United States for a few reasons. These reasons include the isolated nature of the state’s transportation fuels market, a special gasoline recipe that reduces air pollution, environmental program costs, and taxes.” 

Washington State’s Department of Ecology’s May 12, 2022 report admitted the price increase due to the Clean Fuel Standard in the state, while an Oregon Department of Environmental Quality report acknowledged significant cost increases due to its version of the law.

Now, as New Mexicans battle the crippling burdens of inflation among ramifications from other legislation passed, consumers will be saddled with the brunt of the extreme legislation to hike gas prices to high levels the state has never seen before. 

Despite the ramifications to New Mexicans, Democrats celebrated the extremist bill being signed into law:

State Rep. John Block (R-Alamogordo), also the Piñon Post’s editor, wrote about the bill taking effect, “Remember the gas prices now here in NM — and this is after over three years of Joe Biden’s hellscape. The governor and her allies in the Legislature are hiking our gas prices by over 50 CENTS PER GALLON with the horrific HB41. Hold THEM accountable by electing the strongest conservative fighters in the June primary and then the November general election to take them out and finally take out the trash!” 

“It’s clear that Governor Lujan Grisham took a look at California’s highest gas prices in the nation and decided that’s what she wants for New Mexico’s families,” said Larry Behrens, Communications Director for Power The Future, following the bill’s signing. “As a national leader in oil production, New Mexico’s leaders should do all they can to support our energy industry. Instead, Santa Fe politicians want to copy failed policies that punish families by driving up prices.”

PURCHASING A FIREARM IN new mexico

NEW MEXICO FIREARMS INDUSTRY ASSOCIATION AND ABQ GUNS

To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico.

www.newmexicofia.org

Under a new law signed by Governor Lujan Grisham:

EFFECTIVE MAY 15, 2024 ALL FIREARMS PURCHASES* WILL REQUIRE UP TO A 20 DAY WAITING PERIOD FROM INITIATION OF YOUR BACKGROUND CHECK

  • If you receive an immediate “proceed” on your background check you are required to wait 7 calendar days to receive your firearm.
  • If you receive a “proceed” on your background check within 7 days of submission, you can receive your firearm 7 calendar days after the background check was submitted.
  • If your background check hasn’t returned a “proceed” within 7 days, you are required to wait until a “proceed” is received or 20 days, whichever is shorter, to receive your firearm.

* Holders of a valid New Mexico CCW license, sales between qualified law             enforcement officers and sales between immediate family members are exempt.

7-Day Waiting Period on Firearm Purchases

NEW MEXICO FIREARMS INDUSTRY ASSN.

To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico.

www.newmexicofia.org

                      NOTICE TO CUSTOMERS:

7-Day Waiting Period on Firearm Purchases

Effective 5/15/24

The New Mexico Legislature passed, and anti-gun governor Michelle Lujan Grisham signed into law, House Bill 129 during the 2024 30-day session. HB 129 mandates a 7-calendar day waiting period on firearms purchases, including for buyers who pass a NICS background check.  Exceptions apply only to FFLs, holders of valid NM concealed handgun licenses, law enforcement agencies, between law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act, and transfers between immediate family members. STATE LAWMAKERS WHO VOTED FOR HB 129 ARE LISTED BELOW. 

Find Out Who Your State Lawmakers Are at NMLEGIS.GOV (Click on “Legislators” & “Find My Legislator”)

Find Contact Information for Senators & Representatives at NMLEGIS.GOV (Click “Senate” or “House”)

Sen. Joseph Cervantes (D-Las Cruces)

Sen. Katy Duhigg (D-ABQ)

Sen. Bobby Gonzales (D-Taos)

Sen. Carrie Hamblen (D-Las Cruces)

Sen. Martin Hickey (D-ABQ)

Sen. Daniel Ivey-Soto (D-ABQ)

Sen. Leo Jaramillo (D-Espanola)

Sen. Linda Lopez (D-Corrales)

Sen. Moe Maestas (D-ABQ)

Sen. Brenda McKenna (D-Corrales)

Sen. Bill O’Neill (D-ABQ)

Sen. Gerald Ortiz y Pino (D-ABQ)

Sen. Michael Padilla (D-ABQ)

Sen. Shannon Pinto (D-Tohatchi)

Sen. Harold Pope (D-ABQ)

Sen. Nancy Rodriguez (D-Santa Fe)

Sen. Antoinette Sedillo Lopez (D-ABQ)

Sen. Bill Soules (D-Las Cruces)

             Sen. Liz Stefanics (D-Cerrillos)

             Sen. Jeff Steinborn (D-Las Cruces)

             Sen. Mimi Stewart (D-ABQ)

             Sen. Bill Tallman (D-ABQ)

             Sen. Peter Wirth (D-ABQ)

             Rep. Eliseo Lee Alcon (D-Milan)

             Rep. Janelle Anyanonu (D-ABQ)

             Rep. Cynthia Borrego (D-ABQ)

             Rep. Micaela Cadena (D-Mesilla)

             Rep. Kathleen Cates (D-Rio Rancho)

             Rep. Christine Chandler (D-Los Alamos)

             Rep. Gail Chasey (D-ABQ)

Rep. Eleanor Chavez (D-ABQ)

Rep. Art De La Cruz (D-ABQ)

Rep. Meredith Dixon (D-ABQ)

Rep. Joanne Ferrary (D-Las Cruces)

Rep. Natalie Figueroa (D-ABQ)

Rep. Doreen Gallegos (D-Las Cruces)

Rep. Miguel Garcia (D-ABQ)

Rep. Joy Garratt (D-ABQ)

Rep. Yanira Gurrola (D-ABQ)

Rep. Pamelya Herndon (D-ABQ)

Rep. Susan Herrera (D-Embudo)

Rep. Dayan Hochman-Vigil (D-ABQ)

Rep. Raymundo Lara (D-Chamberino)

Rep. Derrick Lente (D-Sandia Pueblo)

Rep. Charlotte Little (D-ABQ)

Rep. Tara Lujan (D-Santa Fe)

Rep. Javier Martinez (D-ABQ)

Rep. Marian Matthews (D-ABQ)

Rep. Matthew McQueen (D-Santa Fe)

Rep. Kristina Ortez (D-Taos)

Rep. Cristina Parajon (D-ABQ)

Rep. Andrea Romero (D-Santa Fe)

Rep. Andres Romero (D-ABQ)

Rep. Patricia Roybal Caballero (D-ABQ)

Rep. Angelica Rubio (D-Las Cruces)

Rep. Debra Sarinana (D-ABQ)

Rep. Linda Serrato (D-Santa Fe)

Rep. Nathan Small (D-Las Cruces)

Rep. Reena Szczepanski (D-Santa Fe)

Rep. Liz Thomson (D-ABQ)

2024 NRA Youth Education Summit (Y.E.S.).

Apply now to represent your state at the 2024 NRA Youth Education Summit (Y.E.S.). The deadline is fast approaching! Don’t let this once-in-a-lifetime opportunity slip away! Y.E.S. is a six-day, all-expense paid leadership and scholarship experience for rising high school juniors and seniors held in the Washington, D.C. area. The summit encourages young adults to become active and knowledgeable U.S. citizens by learning about the Constitution and Bill of Rights, the federal government, and the importance of being active in civic affairs.     Lead Today, Transform Tomorrow, and Inspire Change. Entry into the program requires submission of a completed application form, high school transcript, three-page essay on the Second Amendment, personal statement, and three letters of recommendation.  Applications are due March 1st, 2024. Applicants will be notified of their acceptance status in April 2024 through mailed acceptance letters. Do you have questions? We have answers! View our most frequently asked questions here!

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CALL GOV. MLG—TELL HER DON’T SIGN HB 41

CALL GOV. MLG—TELL HER DON’T SIGN HB 41

This Legislative Session, Democrats passed HB 41 – The Clean Transportation Fuel Standard, which, if signed into law, is expected to raise the price of gasoline in New Mexico by .50 a gallon!

Many small homegrown New Mexico-based energy producers have also warned that this law would put many of them out of business.

In parts of the state, gas prices are already sitting at $3.12 per gallon.

Can New Mexicans afford to pay almost $4 a gallon for gas?

This bill is sitting on Gov. Lujan Grisham’s desk. If you oppose paying even more at the pump, call or email the Governor’s office and request she not sign HB 41 into law: (505) 476-2200, or send an email HERE.

Sample email below

This Legislative Session, OUTLAW Progressive Democrats passed HB 41 – The Clean Transportation Fuel Standard, which, if signed into law, is expected to raise the price of gasoline in New Mexico by .50 a gallon!

New Mexicans are already paying the 6th highest prices for groceries in the country! This would exponentially raise the prices of food and consumer goods all across the state! Are you really trying to bankrupt the average New Mexican.

Many small homegrown New Mexico-based energy producers have also warned that this law would put many of them out of business.

In parts of the state, gas prices are already sitting at $3.12 per gallon.

Can New Mexicans afford to pay almost $4 a gallon for gas?
Do the honorable thing and DO NOT SIGN this legislation.

The 2024 NM Legislative Session is Over

Today at noon, the 2024 New Mexico Legislative Session officially came to a close. Here is a quick recap of what passed, what didn’t, and what might happen next.

Two bills passed the legislature and are waiting for the governor’s signature: HB129, the 7-day firearm purchase waiting period bill, and SB5, the polling place gun restriction bill. Both bills have exemptions for concealed carry permit holders. For the waiting period bill, this means that someone with a current New Mexico concealed carry permit won’t have to wait 7 days to take their new firearm home with them – purchasing a firearm will be the same as before. For the polling place gun restriction bill, open carrying of firearms within 100ft of a polling place is banned, but someone with a current New Mexico concealed carry permit can still carry a concealed firearm with them to a polling place.

So what didn’t pass? Everything else. The semiautomatic firearm and magazine ban, the under-21 semiautomatic firearm ban, the firearm industry liability bill, the red flag expansion bill, the proposed constitutional changes, the bill that could give taxpayer dollars to anti-gun groups, and the gun and ammo tax bill all failed to pass this session. Additionally, the gun safe tax credit bills also failed to pass.

Just hours after the conclusion of the session, because so many of the gun control bills she desperately wanted failed to pass, the governor said she is considering calling a special session to rehear those bills. In 2021, the governor called a special session shortly after the conclusion of the regular session to focus on cannabis legalization. If we are going to have a special session this year, we expect that it will happen soon. Our next priority is making sure we are ready if it happens.

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WRAP UP OF THE ANTI-FREEDOM BILLS IN SANTA FE

NEW MEXICO FIREARMS INDUSTRY ASSOCIATION

To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico.

www.newmexicofia.org

2/14/2024

Changes from last update are in red italics

Contact your legislators, attend a hearing in person or via zoom. Make you voice heard and that you oppose these bills!

www.newmexicofia.org   www.nmssa.org   www.nrafrontlines.com   www.nmlegis.gov

Senate Bill 5 by Sen. Peter Wirth    Gun-Free Zone Expansion

Bans the possession of firearms within 100 feet of a polling place and 50 feet of a postal collection box.

Will be heard in Senate Rules Committee Jan 24, 8:00

Passed Senate Rules Committee on party lines 7-4 Jan 24, next stop Senate Judiciary Committee date TBD

Passed Senate Judiciary Committee Jan 26, on party line vote, headed to Senate floor

Passed Senate floor Jan 30 with 1 D voting against. Going to House committee next.

Passed House Judiciary committee Feb 9. Headed to House floor.

Passed House floor Feb 13 with amendment for exception for CCW holders, goes back to Senate for concurrence.

House Bill 129 by Rep. Andrea Romero    State Waiting Period

Imposes a 7-calendar day waiting period on firearms purchases. Allows sale after 20 days if background check stays open.

Passed in the House Consumer and Public Affairs Committee Jan 25 on party line vote

Passed House Judiciary Committee Jan 29 on party line vote, next stop House floor.

Passed House vote 37-33. Eight D’s opposed the bill. Headed to Senate for Committee hearings.

Will be heard in Senate Judiciary Committee Feb 5. Rolled over to be heard Feb 7.

Passed Senate Judiciary Committee on party line vote Feb 7. Amended to allow exemptions for FFL, CCW among other changes.

Passed House concurrence Feb 12. Goes to Governor for signature.

Senate Bill 204 by Sen. Ivey-Soto   Prohibiting Firearms in Parks and Playgrounds

Would make it a 4th degree felony to carry a firearm into a park or playground owned or managed by a municipality or city.

Passed Senate Health and Public Affairs Committee Feb 10. Headed to Senate Judiciary committee.

House Bill 27 by Rep. Joy Garratt    Expands State Red Flag Gun Confiscation Law

Allows 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!

Passed House Consumer and Public Affairs Committee on party lines 4-2 Jan 23,

Passed House Judiciary Committee Jan 29 on party line vote, next stop House floor.

Could be heard on House floor any day now.

House Bill 114 by Rep. Christine Chandler    Lawsuits Against the Firearms Industry

Allows the state attorney general or a district attorney to bring an action for injunctive relief and civil penalties against anyone in the firearms industry for alleged violations of the newly-devised Firearms Industry Accountability Act, vastly increasing their liability exposure when advertising legal products or conducting lawful business activities. Private causes of action are also created.

Passed House Consumer and Public Affairs Committee on party lines 4-2 Jan 23,

Passed House Judiciary Committee 26 Jan on party line vote.

Could be heard on House floor any day now.

House Bill 127 by Rep. Reena Szczepanski    Raise the Age

Bans 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 criminalizes the sale or transfer of ownership of these firearms or magazines to anyone under 21.

Passed in the House Consumer and Public Affairs Committee Jan 25 on party line vote.

Passed House Judiciary Committee Jan 31 on party line vote.

Could be heard on House floor any day now.

House Bill 137 by Rep. Andrea Romero    Gas Operated SemiAuto Firearms Exclusion

Requires AG to create list of banned gas operated firearms. Illegal to transfer, sell, buy, import or manufacture firearm on list or parts. Limits where previously owned banned firearms can be used and how to transport. Limits detachable magazines to 10 rounds. Bans sale, transfer, manufacture of machine guns and parts. Requires certification (registration) of previously owned banned gas operated firearms.

Passed in the House Consumer and Public Affairs Committee Jan 25 on party line vote.

Passed House Judiciary Committee Jan 31 on party line vote, headed to House floor.

Could be heard on House floor any day now.

House Bill 144 by Rep. Hochman Vigil   Create Office of Gun Violence Prevention

Will create Office of Gun Violence and Interdiction which will funnel tax payer dollars to gun control groups.

Passed House Consumer and Public Affairs Committee Jan 30 on party lines.

Will be heard in House Judiciary later this week or next week. If passed will go to house floor.

Senate Bill 69 by Sen. Joseph Cervantes    14 Day Waiting Period

Imposes a 14-calendar day waiting period on firearms purchases except by valid concealed handgun licensees, the longest firearm purchase delay in the country.

Will be heard Jan 24, 1:00 in Senate Health and Public Affairs Committee

Passed Senate Health and Public Affairs Committee on Jan 26 on party line vote.

Passed Senate Judiciary committee Jan 31, headed to Senate floor.

Senate Joint Resolution 12 by Sen. Wirth and Sen. Stewart   Allow Municipalities and Counties to Regulate Firearms More Restrictive Than State Law

Would change the NM Constitution to allow municipalities and counties to regulate the right to keep and bear arms in a manner more restrictive than state law. If passed, it will be presented to the people for approval or disapproval at the next general election or special election.

Senate Bill 90 by Sen. Linda Lopez    Tax on New Mexico Gun Owners & Sportsmen

Imposes 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 the crime victims reparation fund and a fund for services to children and families involved in abuse or neglect situations.

Seven Day Waiting Period Bill Heads to Senate Floor for Vote, Likely on Friday

NMFIA
BILL RECAP
8 FEB 2024

Seven Day Waiting Period Bill Heads to Senate Floor for Vote, Likely on Friday

SUPPORT NRA-ILA

Dear Second Amendment Supporters:

Last night, the Senate Judiciary Committee advanced House Bill 129, the 7-day waiting period bill, after rejecting an amendment to stretch the waiting period back to 14 days and adding an amendment to exempt concealed handgun licensees from the purchase delay.

HB 129 now moves to the full Senate for debate and a vote, which is likely to happen TOMORROW (Friday) or over the weekend.

HB 129 mandates a 7-day waiting period on any gun buyer, other than a concealed handgun licensee, who clears an FBI background check to purchase a firearm. This legislation won’t impact crime or impulsive acts of self-harm, it will only unnecessarily delay your ability to exercise your right to purchase and own firearms for any number of reasons, including personal protection.

Please contact your State Senators TODAY and urge them to OPPOSE House Bill 129!

Will be heard in Senate Judiciary Committee Feb 5. If passed will go to Senate floor.

Read the 8 February 2024 NRA-ILA report
CLICK HERE

CLICK HERE | TAKE ACTION

READ REAL-TIME UPDATES AT
www.NewMexicoFIA.org
Mission of New Mexico Firearms Industry Association:
To PROTECT, PRESERVE and PROMOTE
the firearms industry in New Mexico.

Contact your legislators, attend a hearing in person or via zoom. Make you voice heard and that you oppose these bills!
Please contact your State Senators and State Representatives and urge them to OPPOSE any gun control legislation next session!

www.newmexicofia.org www.nmssa.org www.nrafrontlines.com www.nmlegis.gov
New Mexico: Ask Lawmakers to Oppose Gun Control in 2024

11200 Montgomery Blvd NE Suite 9 & 10 ABQ, NM

Check out the NMFIA website

OPPOSE THESE ANTI FREEDOM BILLS


Released early this morning, House Bill 129, will be heard on the House Floor today, at the New Mexico State Capitol in Santa Fe. This is just one of three extreme anti-gun bills that the House Judiciary Committee fast tracked to the full New Mexico House of Representatives. House Bill 114, House Bill 127, and House Bill 137 have not been scheduled for a vote, but they could be heard any day! Please contact your State Representative TODAY by clicking below, urging them to OPPOSE all of these radical proposals!

CLICK HERE TO TAKE ACTION

House Bill 129 imposes a 14-day waiting period on firearm purchases, House Bill 114 enables reckless lawsuits against the firearms industry, House Bill 127 raises the purchasing and possession age of certain firearms to 21, and House Bill 137 is the Governor’s gun and magazine ban. Click HERE for more information on these bills.


Also, the Senate Judiciary Committee approved Senate Bill 69 by Sen. Joseph Cervantes (D-Las Cruces), which imposes a 14-day waiting period on firearms purchases by law-abiding citizens, including buyers who pass a firearm background (NICS) check, will now be voted on by the full New Mexico Senate. Please contact your State Senators and urge them to OPPOSE Senate Bill 69!

CLICK HERE TO TAKE ACTION

The Democrat-led New Mexico Senate passed Senate Bill 5 by Sen. Peter Wirth (D-Santa Fe) on a 26-16 vote. This measure creates another so-called “gun-free zone” by banning the possession of firearms by anyone who is voting or conducting election-related business within 100 feet of any polling location or ballot dropbox during early voting or on election day. This senseless bill now moves to the House for committee referrals, hearings and votes.
Please contact your lawmakers, and don’t forget to join us at the Roundhouse TOMORROW, February 3, at 10:00 a.m. for a Second Amendment Rally!
Yours in Freedom,
Clay Kimberling
New Mexico NRA-ILA Grassroots Coordinator
Clay@nrailafrontlines.com
(703) 943-6566
https://www.nrailafrontlines.com/

2 February 2024 – Legislative Update

Please continue to contact your representative and urge them to oppose HB114, lawfare against gun stores, HB27, Red Flag expansion, HB129, the House waiting period law, HB127, “under 21 no gun,” and HB137, banning most semiautomatic firearms. Also contact your senator and urge them to oppose SB69. Drafts are below.
On Saturday, February 3rd, at 10:00 AM, outside the Roundhouse, NMSSA will be holding a rally to support our rights. We encourage you to take a day trip up to Santa Fe and show up to advocate for your rights! There is free underground parking at the Roundhouse and plentiful cheap parking at the REI underground garage, which is under a 10 minute walk away. If you have any questions about the rally, please refer to their website here.
HB27 would expand the state “Red Flag” or ERPO law in several troubling ways. Additions to the list of reporting parties mean law enforcement and any health care professional would be able to file for an ERPO. Courts are limited by a mandatory minimum order. Search warrants are issuable on an ongoing and repeatable basis to enforce orders. Law enforcement gains the authority to dispose of seized property in a manner similar to other asset forfeiture laws. Pending a vote on the House floor.

HB114 is intended as lawfare to drive gun stores out of the state, much the same way changes to medical malpractice in recent years law ran off doctors. The definitions are so broad that anyone building a firearm at home is defined as a “firearm industry member” and the firearm they make as a “firearms product” under the bill. A private and public cause of action would be created against “firearms industry members” that created real harm or a very broadly defined “public nuisance” through their business or manufacturing practices. The idea seems to be able to file endless lawsuits that businesses would need to defend or to simply render them uninsurable. Pending a vote on the House floor.

HB127 would ban anyone under the age of 21 from owning or possessing almost all semiautomatic firearms – no grandfather clause, no recourse. Exceptions exist for law enforcement, the military, security guards, and guides – ordinary citizens can pound sand. Pending a vote on the House floor.

HB129 would create a 14 day waiting period on all firearms sales, with no exceptions for ordinary citizens. Pending a vote on the House floor.

HB137 is an “Assault Weapons Ban” even more onerous than that in Illinois, modeled on Sen. Heinrich’s failed GOSAFE act. The bill would ban and/or require registration of almost every semiautomatic rifle, many semiautomatic shotguns, and many semiautomatic handguns, including all striker fired handguns as currently written. Restricted firearms couldn’t be carried for self defense and, if registered, would be merely range toys. Pending a vote on the House floor.

HB144 would create a formal state Office of Gun Violence Prevention – a government agency to turn tax dollars into antigun propaganda. It allows collaboration with NGOs, creating the ability to funnel state money directly to antigun groups. Pending in its second committee in the House.

SB5 would create new gun-free zones and would expand the list of places carry is not allowed to include polling places. There is no exception for concealed carry licensees. Passed the Senate, pending committee assignment in the House.

SB69 would create a 14 day waiting period on all firearms sales, with an exception for concealed carry licensees. Pending a vote on the Senate floor.

SB90 would create an 11% excise tax on everything firearms related. Pending committee assignment in the Senate.

SB204 would mirror parts of the Governor’s failed public health order and would ban the carry of firearms in parks and playgrounds. Pending in its first committee in the Senate.

SJR12 would amend the state constitution to remove preemption, allowing a patchwork of municipal and county gun control laws to come into effect. Pending in its first committee in the Senate.


HB114 – OPPOSE

Representative,

This bill seeks to drive gun stores out of the state much the same way changes to medical malpractice laws ran off doctors.

The definitions, first, are so broad that anyone building a firearm at home, which is perfectly legal, is defined as a “firearm industry member” and the firearm they make as a “firearms product” under the bill. The sponsor should at a minimum amend the bill so that an ordinary citizen who has a firearm stolen out of their vehicle cannot be sued under this bill.

The $5,000 penalty is immaterial in the face of the likely costs created by the private cause of action this bill intends to manifest. In fact, actual harm is not required to sue – only “likely harm!” While I’m not sure that this is a first in American jurisprudence, it would certainly be at least an extreme outlier, and would open up firearms retailers in the state to a flood of lawsuits. The penalty in and of itself will not be the blunt policy implement used to drive those retailers out of business. The cost of defending the suits, one far in excess of $5,000 per occurrence, will do the job.

The sponsor misunderstood in the previous committee the legality of what she called “ghost guns,” commonly referred to as privately made firearms. Privately made and unserialized firearms are perfectly legal to possess in New Mexico and, indeed, in the vast majority of the country.

This bill is a pernicious attempt at lawfare to gut the access of New Mexicans to the tools they need to exercise their right to self defense. I hope you will recognize it for what it is and prevent it from advancing.

HB27 – OPPOSE

Representative,

The solution to a mistake is never to double down on it. I was deeply troubled by the initial passage of the law creating Extreme Risk Protection Orders (the “Red Flag” law) in our state, and its attempted expansion this session revives and strengthens my concerns. The impact of the bill on civil liberties generally would be enough to give me pause, but more worrying is the precedent set then and now possibly enlarged for the use of the full power of the government against an individual not because of any alleged crime they committed but because of someone’s belief that they may, perhaps, commit one in future.

I won’t go into the many issues with the existing law here, and, instead, will focus on the new ones HB27 would create.

With an order being issued, police would gain sweeping and repeatable authority to search the person’s property. The acquisition of a search warrant in this case would be a minor obstacle at best. The potential for abuse, either by law enforcement seeking a legally dubious shortcut to a search warrant that might otherwise elude them or by a bad actor using the justice system to harass another person through repeated police invasions into their home and life, cannot be overstated.

The removal of discretion from courts is likewise inexcusable. Section 4B(3), mandating that a court will order the person to relinquish firearms, cannot be complied with in the case of a mistake – one all too easy to make in a game of probable cause telephone where the respondent may or may not actually have a gun. If they cannot produce a gun to relinquish, the next step for a court will, necessarily, be to hold the person in contempt and throw them in jail until they produce one. A Kafkatrap of this nature being built into a law already so disrespectful of civil liberties is at odds with our shared notions of justice.

Finally, the additions in this bill entice law enforcement into misconduct by incentivizing the nonreturn of any seized firearms. Asset forfeiture laws like the one this bill intends to create, where police at all stages have the presumption of rectitude and force of the state behind them, are notoriously misused across the country. The presence of such a temptation to corruption in HB27 is an insult atop the injury to due process rights the existing law creates.

HB 129 – OPPOSE

Representative,

HB129 will endanger victims of domestic violence and do nothing to prevent criminal access to firearms.

A waiting period delays the ability of those who have a sudden need for a defensive firearm, such as women fleeing an abusive relationship, to protect themselves. The thought of an abused person counting down the days until they can have an effective tool to protect themselves hoping their abuser or stalker doesn’t attack in the meantime is horrifying.

A waiting period will similarly fail to prevent criminals from accessing and using firearms. Would-be mass shooters or murderers will wait for two weeks, use the intervening time to further plan, then commit their crimes. Alternatively, criminals of all stripes will simply steal weapons. Stolen weapons make up the vast majority of firearms in the hands of criminals and a waiting period will not stop that from happening.

We’ve heard the sponsor say last year if this bill saves one life from suicide it will be worth it. I submit to you that if this bill costs the life of one victim of domestic violence who can’t get the tools to protect herself, it will be an indictment of the legislature.

As Dr. King famously said, a right delayed is a right denied, and self-defense is a human right. I encourage you to reject this bill and protect victims of domestic violence.

SB69 – OPPOSE

Senator,

SB69 will endanger victims of domestic violence and do nothing to prevent criminal access to firearms.

A waiting period delays the ability of those who have a sudden need for a defensive firearm, such as women fleeing an abusive relationship, to protect themselves. The thought of an abused person counting down the days until they can have an effective tool to protect themselves hoping their abuser or stalker doesn’t attack in the meantime is horrifying.

A waiting period will similarly fail to prevent criminals from accessing and using firearms. Would-be mass shooters or murderers will wait for two weeks, use the intervening time to further plan, then commit their crimes. Alternatively, criminals of all stripes will simply steal weapons. Stolen weapons make up the vast majority of firearms in the hands of criminals and a waiting period will not stop that from happening.

SB69 varies from Representative Romero’s HB129, a nearly identical bill in its effect, by the inclusion of a provision exempting licensed concealed carriers. Representative Romero repeatedly shot down amendments to that effect in the House last year as unfriendly, but it’s here in this bill. Is that inserted to make the bill seem palatable in committee and on the floor, but be thrown away in reconciliation negotiations?

As Dr. King famously said, a right delayed is a right denied, and self-defense is a human right. I encourage you to reject this bill and protect victims of domestic violence.

HB127 – OPPOSE

Representative,

HB127 is a mistake.

It does not prescribe a remedy for adults ages 18-20 who already possess a firearm regulated by the bill. These are adults who bought these items, items they can at this time lawfully possess, and use them to hunt, protect livestock on family farms and ranches, sport shoot, and protect themselves. What would these women and men do with the firearms they already own – some of the most common in this state and country?

There are listed a number of exceptions where an adult under 21 could use one of these firearms. All of those seem to rely on someone else holding onto the firearm. Should a 19 year old victim of domestic violence have to choose between being able to protect herself in her apartment and becoming a criminal?

Similar laws in other states are being rapidly challenged and failing in court. Spending time lawmaking in this regard seems, in the current legal climate, to be set up to fail. Challenges to similar laws are having success in New York and California, and have recently overcome similar laws in Tennessee, Texas, and other states. After the legislative session started here in New Mexico, Lara v. Evanchick was decided in the 3rd Circuit in favor of the young adult plaintiffs about the same issue! If the government could not succeed in court on the same arguments the sponsors of this bill last year advanced in a circuit including New Jersey and Delaware, it has no hope of doing so here. I encourage you not to waste taxpayer money in passing, enforcing, and defending this bill in court, only for it to be quickly overcome.

HB137 – OPPOSE

Representative,

Copying failed federal legislation is hardly a good starting point for public policy in our state.

This bill, in the words of the interim Courts, Corrections, and Justice Committee, is a waste of time. When Senator Cervantes and Representative Chandler discussed the kind of bills that had no chance of surviving their respective committees in a post-Bruen world, let alone judicial review, HB137 would have been a prime example.

To be clear, this bill flies in the face of every single iota of Supreme Court jurisprudence ever issued on the Second Amendment. The severability clause is useless as no section of the bill has any chance of surviving judicial review. The Governor, despite her passion on the issue, is plainly wasting your time and the time of the legislature as a whole by advancing this bill.

Beyond the already fatal failings of HB137, I am uncertain whether the sponsors of this bill actually understand its contents. The bill, as written, would ban almost all semiautomatic rifles, a number of semiautomatic shotguns, and would seem to ban a number of semiautomatic handguns. Regarding handguns, blowback operated and striker fired semiautomatic handguns would be banned and recoil-operated single or double action handguns would not under the current language. The difference between these categories of handgun is deeply technical and I worry that the sponsors would be unable to explain even that tiny piece of the bill to the committee in a correct and digestible manner – much less the remainder.

Please hold the sponsors of HB137 accountable for the failings of the legislation they are carrying when they come before your committee.