NEW MEXICO FIREARMS INDUSTRY ASSOCIATION
To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico.
www.newmexicofia.org

OPPOSE HOUSE BILL 114:
RECKLESS LAWSUITS AGAINST THE FIREARMS INDUSTRY
During the interim joint committee on Courts, Corrections & Justice meetings, lawmakers repeatedly stated that they wanted to target UNLAWFUL manufacturers and sellers of ILLEGAL firearms and attachments. This bill as written sweeps up LAWFUL and LEGITIMATE firearms industry members in a web of subjective, vague civil law that applies only to them and no other industry – for now. HB 114 provides a model that can and will be used to bankrupt any industry disfavored by certain elected officials and activist groups.
HB 114 is unnecessary. Bad actors in any industry who engage in unconscionable, unfair, or deceptive business practices are already held to account by the state’s Unfair Trade Practices Act. Federally-licensed gun manufacturers and retailers who violate firearms laws commit federal felonies and face prison time, heavy fines, and revocation of their license by ATF. Existing laws can be applied to bad actors in this industry.
HB 114 terms “firearm industry member” & “firearm product” are too broad. There is no requirement that the member be engaged in the business of manufacturing, making or selling for purposes of sale or distribution at wholesale or retail. A person who makes their own firearm as allowed by law becomes a “manufacturer”, as does a person who reloads cartridges at home as a hobby, or who makes leather holsters for sale at craft shows or farmers’ markets. The administrator of an estate who sells off an estate’s collection of firearms and accessories is similarly included. And the scope of the measure includes not just firearms, but any “firearm product,” which the bill defines as a “firearm, firearm component, firearm accessory, ammunition or any other product sold for use as part of a firearm.” Firearm components could include every screw, spring, etc. and any accessory including scopes, optics, grips, slings, tripods, flashlights, etc.
HB 114 opens the door to firearms industry member liability for criminal acts or misuse of lawfully sold, legal products by unrelated third parties. Section 3 of the bill requires members to establish and implement “reasonable controls and procedures” to prevent theft, ensure compliance with state laws, stop illegal straw purchases and prevent the acquisition of firearms for unlawful commerce. Members must comply with all state and federal laws as a condition of their license, but the bill does not specify what else a member must do to avoid newly-established liability under this act. Advocates for the legislation have stated that the courts that determine whether a member is in compliance with this section, a daunting prospect when you read over the broad enforcement mechanisms in Section 4. Additionally, Section 3 lacks any kind of knowledge or notice requirement on the part of the industry member.
HB 114 creates public and private causes of action that could bankrupt the firearms industry. Section 4 declares the failure to exercise undefined “reasonable controls and practices” to be a public nuisance. The state attorney general or a DA may bring a civil action to abate the nuisance and seek civil penalties of $5,000 per violation, but lawsuits brought by private citizens have no award limitations (nor will those actions require show of actual harm or damages by the plaintiffs.) Court costs and attorney fees shall be awarded to prevailing plaintiffs, but not to successful defendants, setting up a low-risk-high-reward playing field for trial lawyers and anti-gun activists.
HB 114 does not punish actual wrongdoers. This bill doesn’t have any restrictions or punishment for the actual wrongdoers, the persons in Section 3 who acquires or transfers a firearm product illegally, or for purposes of “unlawful commerce,” or conceals that the purchase of a firearm is actually a straw purchase made for a person that is prohibited under state or federal law from possessing a firearm.

Be sure to mark your calendars for a Second Amendment Rally at the New Mexico State Capitol on Saturday, February 3rd, at 10:00 a.m. MST. Join your fellow New Mexicans for this peaceful showing of solidarity, as we continue to defend the Right to Keep and Bear Arms in the Land of Enchantment. Hear from various speakers including New Mexico NRA-ILA State Director, Tara Mica, New Mexico Shooting Sports Association, and state lawmakers! RSVP by clicking below:

CLICK HERE TO RSVP

NM: Second Amendment Rally at the Roundhouse
Saturday, February 3rd, at 10:00 a.m. MST
490 Old Santa Fe Trail, Santa Fe, NM 87501
Governor Lujan Grisham and other anti-gun lawmakers have made it a priority to strip law-abiding New Mexicans of their right to self-defense. They have done so by proposing a 14-day waiting period, bans on semi-automatic firearms, expansion of red flag laws, an 11% excise tax on firearm and ammunition purchases, and many more anti-gun bills. It is crucial that you join us on the Frontlines at the Capitol, to show Governor Gun Grab that we will not stand for such tyranny!
If you have any questions or concerns, please do not hesitate to contact me at Clay@nrailafrontlines.com. Hope to see you in Santa Fe!
Yours in Freedom,
Clay Kimberling
New Mexico NRA-ILA Grassroots Coordinator
Clay@nrailafrontlines.com
(703) 943-6566
https://www.nrailafrontlines.com/

Today, the 2024 New Mexico Legislative Session officially started. The governor wasted no time attacking out rights in her State of the State speech. She has made it clear that once again she is targeting your right to own a firearm while ignoring New Mexico’s broken criminal justice system. This year is a 30-day budget session, but there have been a multitude of gun related bills filed so far. Here is the list we are tracking, some we support, most we are opposed to.

HB27 – Expand New Mexico’s “red-flag extreme risk protection order” gun confiscation law to allow a police officers and any “health care professionals” to seek an order against someone. It would also allow police to obtain a search warrant under the purely civil orders and require an accused party to immediately surrender their firearms.

HB58 – Remove the law passed in 2019 to criminalize private firearm sales.

HB78 – Make New Mexico a permitless or “constitutional” concealed carry state.

HB79 – Reduce gross receipts tax on firearm and ammunition sales.

HB81 – Tax credits for gun safe purchases. While this is a concept we support, one of the bill’s sponsors was also a sponsor of mandatory storage laws in the past, so it is a bill we will be watching very carefully.

HB114 – Increased civil liability for the firearms industry by creating new civil actions against gun manufacturers and retailers in New Mexico. Several New Mexico FFLs have told us they would go out of business if this bill passes.

HB127 – Banning anyone under 21 from purchasing or possessing a semiautomatic firearm. An 18-year old who currently own a semiautomatic firearm would not be allowed to keep their gun if the bill passes.

HB129 – Mandatory 14-day waiting period on firearm sales. After you purchased a gun, you would have to wait 14 business days before you could take it home with you.

SB5 – Banning firearms near polling places.

Additionally, we are expecting several more bills that have yet to be filed, or do not have a bill number yet.
• A semi-automatic rife ban that would also require current owners to register their firearms with the state.
• Another version of a 14-day waiting period bill.
• A bill that would impose an 11% excise tax on the sales of firearms and ammunition.
• A bill that would impose even more restrictions on where someone can carry a firearm.
This is going to be a very busy session for gun owners. We will be sending out alerts as we receive information on bills and when they will be heard.

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

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.

Late Tuesday evening, New Mexico State Senator Joseph Cervantes (D-Las Cruces) pre-filed legislation what would impose a 14-day waiting period on law-abiding gun buyers. If enacted, this bill would make for the longest firearms purchase waiting period in the country, delaying your Second Amendment right to buy a firearm to defend yourself, your family and your property. Contact your State Senator and State Representatives now, and urge them to OPPOSE this measure, and other anti-gun legislation we will face during the 30-day legislative session!    The proposed legislation will add nothing to the existing FBI background check process and will apply when going to a federal firearm licensed dealer (FFL) to transfer a firearm ordered online. An assigned bill number will not be placed on this measure until the legislature convenes on Tuesday, January 16th. Furthermore, we expect more anti-gun lawmakers to file more radical legislation banning semi-automatic firearms and imposing limits on magazine capacity.  Be sure to register for the New Mexico NRA-ILA Legislative Kickoff Webinar we are hosting on Monday, January 15th, at 7:00 p.m. to learn more about these proposed measures and the actions you can take to defend your Second Amendment rights in New Mexico! Registration is required, and you can do so by clicking HERE.  Yours in Freedom,                      Clay Kimberling New Mexico NRA-ILA Grassroots Coordinator         Clay@nrailafrontlines.com (703) 943-6566 https://www.nrailafrontlines.com/

ARE THE DEMS TRYING TO STEAL YOUR RIGHTS!

As we approach the start of the 2024 New Mexico Legislative Session, there are more bills we want to make you aware of. First, while we don’t have a bill number yet, Senator Cervantes has said that he will again file a firearm waiting period bill. The bill would require a 14 Business Day wait before a purchased firearm could be taken home. Once we have a bill number we will send an update.

The 30-day session is a budget session, so non-budget bills require a message from the governor to be added to the agenda. Here are some bills that have been filed, but we don’t know yet if they will be heard.

HB58 from Representative Lord would repeal New Mexico’s law criminalizing private firearm sales. HB78 from Representative Block would make New Mexico a permitless, or constitutional carry, state. HB79 from Representative Block would reduce gross receipts tax on firearm and ammunition sales. HB81 from Representatives Reeb and Hernandez would give New Mexicans a tax credit for purchasing a gun safe. 

We will continue to update you on the progress of firearm related legislation in Santa Fe. Please forward our email alerts to your contacts who need to know what is happening in Santa Fe and let them know they can subscribe for free anytime. Also, please consider donating to NMSSA to help us keep up the fight for your rights in New Mexico.

ZACH FORT NMSSA

The recent decision by the New Mexico Governor to ban firearms within Bernalillo County has raised concerns over the constitutionality of such a measure. While public safety is undoubtedly a critical consideration, it is vital that any law enacted aligns with the constitutional rights of citizens. In this case, the prohibition on firearms within the county appears to infringe upon the Second Amendment rights of law-abiding individuals.   The Second Amendment of the United States Constitution explicitly states, “The right of the people to keep and bear Arms, shall not be infringed.” This constitutional provision grants citizens the fundamental right to possess firearms for self-defense, hunting, and other lawful purposes. Therefore, any governmental action that directly curtails this right should be subjected to careful scrutiny.   Banning firearms in Bernalillo County raises the question of whether it is a justifiable restriction on Second Amendment rights. Proponents argue that it will enhance public safety by reducing the risk of gun-related crimes and accidents. However, opponents counter that such localized bans disproportionately impact law-abiding citizens, as criminals are unlikely to abide by these restrictions.   Moreover, imposing such a ban restricts the ability of individuals to protect themselves and their families. In a nation where personal safety remains an essential concern for many, this curtailment of rights may undermine the well-established principle of self-defense.   While the Governor’s intentions to safeguard public safety are commendable, it is imperative to examine alternative approaches that strike a balance between protecting citizens and preserving their constitutional rights. Implementing comprehensive background checks, enhancing mental health services, and promoting responsible firearm ownership are just a few examples of measures that can address the concerns without infringing upon the Second Amendment.   In conclusion, the recent ban on firearms within Bernalillo County raises valid concerns surrounding its constitutionality. The essential principle of individual rights, particularly the right to bear arms, must be duly respected. Balancing the genuine concerns for public safety with the preservation of constitutional rights is an ongoing challenge, requiring a nuanced and thoughtful approach that acknowledges the complex nature of the issue at hand. Anthony Segura, Executive Director NMSSA NMSSA is working to challenge the Governor on this Unconstitutional Health Order. We need your financial help to accomplish this. Please use the following button to donate what you can to help offset the costs of any litigation.

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The 2023 Election Season is upon us!

History tells us that every voter has a habit of voting the same way each year. But did you know that each year there are changes in laws, voting locations, and poll worker training that may affect your vote plan?    In past elections, many Republican voters were unable to vote due to circumstances beyond their control such as technological problems at their voting locations, weather conditions, health and or transportation issues. Today is the day to MAKE A VOTE PLAN for this year’s election!

✔Register to Vote If you’re already registered to vote, make sure you complete the following steps:Check your registration. Make sure it’s active and updated, especially if you’ve moved or recently visited the MVD.Print a sample ballot ahead of time so you are well versed on the candidates and issues that you will be voting on. If you cannot print one at home, call our office, and we’ll email it or mail it to you! (505) 298-3662Request an absentee ballot application if you don’t plan to be in town and know you may not have a ride or want to avoid the lines at your voting locations.  Map your voting course. If you plan to vote in person, make sure you have 3 voting locations mapped out in case you have to go to a different voting site due to long lines, technological issues, or any other reason. Start your plan below and also receive important election date reminders!

Start Your Early Vote Plan Today!

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