HB 77 is on House Floor Calendar

UPDATE - This bill is now in the Senate Public affairs committee.  This is the first one of the anti gun bills to make it to the Senate this session.  So we now have a new bunch of people in Santa Fe to work on.  Please let them know how you feel.

Here is their information:

Senate Public Affairs Committee:

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The current version of House Bill 77 includes calls for organizers or promoters of gun shows in New Mexico to provide the services of an FFL to process background checks for private firearm transfers, which would now be required at these events (except if the transfer is to a New Mexico concealed handgun licensee).  It provides immunity from liability to the transferor and the FFL for complying with this requirement.  It requires mental health records that would disqualify someone from being able to purchase or possess firearms to be reported to the FBI for inclusion in the National Instant Criminal Background Check System and establishes a process for restoration of rights if the disqualifying condition is removed.

NMGOA is opposed to this bill.

Please go here to contact your representative.

NMGOA opposes background checks because of the complete incompetence of the ATF and DOJ in prosecuting those who lie on a form 4473. 62 prosecution out of over 72,000 rejections? And we want more laws to not be enforced? This is complete insanity! Here is a link to the report:

https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf

 It is a felony for every check box filled or question that is not answered truthfully. And if they are answered truthfully, they will not usually be rejected. The FBI is not perfect and as you can see in the study, there are a few that are incorrectly rejected. By the way, this study was paid for by the Department of Justice!

HB 578 Ban Firearms in State Capitol

The latest bill from Representative Easley.  Not content with just destroying gun ownership rights, he has decided that he doesn't want you to come to the peoples house with a gun either.  It appears that gun owners carrying their weapons to the roundhouse now has him concerned enough to try to get this stopped.  

Basically, HB 578 will ban all firearms in the State Capitol except by law enforcement, legislative council security, military or national guard personnel that are carrying in their official duties, or the governor and lieutenant governor.   I am pretty certain that this bill will be amended to include the Senators and Representatives that carry concealed, but at present does not include them.  This also applies to concealed carry.

Also, there are some exceptions for display purposes, but those have to be approved by the legislative council service. 

It is now in the House Rules & Order of Business Committee.

Here is their emails:

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HB 77 Background Checks at Gun Shows

UPDATE - This bill is now in the Senate Public affairs committee.  This is the first one of the anti gun bills to make it to the Senate this session.  So we now have a new bunch of people in Santa Fe to work on.  Please let them know how you feel.

Here is their information:

Senate Public Affairs Committee:

This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.

 

The current version of House Bill 77 includes calls for organizers or promoters of gun shows in New Mexico to provide the services of an FFL to process background checks for private firearm transfers, which would now be required at these events (except if the transfer is to a New Mexico concealed handgun licensee).  It provides immunity from liability to the transferor and the FFL for complying with this requirement.  It requires mental health records that would disqualify someone from being able to purchase or possess firearms to be reported to the FBI for inclusion in the National Instant Criminal Background Check System and establishes a process for restoration of rights if the disqualifying condition is removed.

NMGOA is opposed to this bill.

Please go here to contact your representative.

NMGOA opposes background checks for numerous reasons including the complete incompetence of the ATF and DOJ in prosecuting those who lie on a form 4473. 62 prosecution out of over 72,000 rejections? And we want more laws to not be enforced? This is complete insanity! Here is a link to the report:

https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf

 It is a felony for every check box filled or question that is not answered truthfully. And if they are answered truthfully, they will not usually be rejected. The FBI is not perfect and as you can see in the study, there are a few that are incorrectly rejected. By the way, this study was paid for by the Department of Justice!

HB 77 is in Judiciary

HB 77 it appears is the only anti gun bill left standing after much tireless work from all gun rights supporters across the state, including NRA, GOA, NMGOA and other groups members.  We have until Friday at noon to keep the pressure on.  We are now working to halt it in its last Senate committee, the Judiciary Committee.  We still need all hands on deck for the next few days.

I received an email wondering why a gun owner would be against this current version of the bill, and I have tried to explain our position clearly and succinctly as possible.
 
There are basically three arguments against this bill in my view.
1. This is not necessarily a gun issue, but a personal property issue, and if they can require you to get a background check to dispose of your property now, what will be the next requirement, or type of property that has extra requirements to transfer or dispose of?  For instance, they may be able to require a background check to purchase a kitchen knife, or to sell your motorcycle.
 
2. The background check process is a little flawed in that Federal law requires the FFL to have in its possession the firearm before a background check can be done.  The example for this follows.
John has a Remington 700 rifle that he wants to sell.  On the second day of the gun show, Bill sees the rifle and asks to purchase it.  John then must transfer the rifle to Ed's Gun Store who is the FFL for the show.  After Ed has taken possession of the rifle, He runs the background check on Bill, but Bill lied on the form and is a felon.  Therefore, the check fails and the transaction cannot be completed.  Now for Ed to transfer the rifle back to John, he must do another background check because Federal law requires one for all FFLs to transfer a firearm.  So, Ed charges John another $25.00 for this background check.  So for the opportunity to follow the law it now costed John $50.00, and he was not able to sell the rifle.  Now let's just play devil's advocate for a moment and say that John happens to have the same name as another felon, and is now on a 3 day hold for reclaiming his weapon until the ATF can clear the transaction.  It just so happens that he is also from Silver City, while the gun show was in Raton.  Now it will cost him even more to get his own rifle back.
Now, you may say that this cannot happen, or won't happen very often.  The statistics from 2010 show that about 1.2% of background checks fail and that about 3500 of those are false fails or people that should not have been denied but were.  And that brings me to my third argument.
 
3.  The current laws are not even enforced, and this one will be so hard to enforce as to make it worthless.
The FBI in 2010 did 6,037,394 Brady background checks.  Of those, 72,659 were denied.  Of those denials, 72,142 were referred to ATF DENI Branch for investigation.  Of those only 4,732 were referred to ATF field offices for investigation.  So more than 93% of the denials were not even referred to be investigated.  Of those that were investigated, 1164 cases a gun was confiscated from a prohibited person(s).  Of all of the cases investigated, only 62 charges against 33 persons were referred to prosecutors, and 18 of those charges were declined by prosecutors, 5 were dismissed and 12 were prosecuted.  The rest signed plea agreements to lesser charges.  This information is from the Department of Justice and the report can be found here.
So, my point from the data above is that even though gun were taken from people, they weren't even charged or plead down to a lesser offense for whatever reason, and each question that you lie on the ATF Form 4470 is a separate felony.  If we can't even handle those that we are already doing, what hope is there that this will be helpful in any way?
Now to enforcement of HB 77.  Can you explain to me why a private seller would go through the hoops when they can just hand out a business card at the gun show and those who would like to buy one of their weapons could just meet them at the back of their car or at their home at a later date to make the transaction legal and without the added expense and trouble of a background check?
 
I for the life of me, don't understand how this type of law would do any good to anyone, but will hurt, by at least $25, every law abiding citizen who would like to buy or sell a firearm at a gun show.  It will also not prevent the possession of weapons by prohibited persons in any measurable way.
 
These are the reasons that the New Mexico Gun Owners Association is against this bill.
 
Now, our plan to fight it in the last committee.
 
1. Be Polite but firm.
2. Call, email, and write each representative on the Senate Judiciary Committee - contact info below
3. In your letter, please mention where in the state you live and please keep them short.  You may also let them know how important this issue is to you and that you absolutely do not support HB77 in any way.  Also, please reference the chairman as Chairman instead of senator.  And make your appeals directly to the person you are writing to in each letter.  The letters need to go out today if possible.
4. Share this information with every person you know and ask them to do the same.  You may even help them to get it done.
5.  As soon as we have a hearing date, we will probably only have one days notice or maybe even less.  If you use twitter or facebook, the notice will be there first, but we will also send out an email, please be watching for it.
6. Try to make it to Santa Fe for the hearing.  NMGOA will be there, but it is much stronger if we can have 200 people there.
 
Now for the contact info:
 
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Senator Michael S. Sanchez- (D) (No email listed)

Capitol Phone: (505)986-4727
Office Phone: (505) 865-0688
 
For those who would like to send letters, that information can be found here.
 
And please share this information.

Additional information