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Proposed CCW Rule Change Meeting - Energy, Mineral & Natural Resources Department

steveaikens

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The Energy, Mineral & Natural Resources Department will hold a public meeting on the proposed rule change to allow concealed carry in NM State Parks on October 17 in Santa Fe, for your planning purposes.

More details will follow. Have a good weekend -

Steve Aikens
 

steveaikens

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We've been working on this for some time now. Where we can, we try to work outside the legislature when we have a rule to work with, instead of a law.

Generally, rule changes take a lot more time to move through an agency - but once we reach a point that a promulgation hearing gets scheduled, unless the public really doesn't want the change, we can succeed. Working with an agency is unlike working in the legislature where one person that is in a position of authority can submarine you at their personal whim after a lot of work. For example, a committee chair has the ability to simply not schedule a bill for a hearing - and it's dead.

Please put this on your calendars. The more positive votes we have from the public, the easier it is to make this happen, so that NM can bring it's firearms laws into compliance with the recent change in federal law.

We're really hoping for some positive changes in our legislature this November. With a common sense legislature, we can move forward with common sense changes to our firearms laws. Be sure to make your vote count.

Though what you see that we've been working on appears only related to concealed carry law, try to understand that NM is only going to take baby steps at a time - watch for the result of that small change over time - before they decide that change didn't have negative impact on the public before they're willing to allow the next small step.

The goal is to make the common sense changes to concealed carry law, prove those changes are not negative to the public, then work to take the words "carrying concealed" out of the law or rule that sets that limitation.

For example, carrying in a state park should be no different than carrying on BLM lands or in public, where concealed carry is not a requirement. We can walk down Main Street openly carrying for personal protection and we're perfectly within our rights under the NM Constitution - Common sense tells us that we should have that same right when we walk in a state park - where there are fewer people - but a higher risk to our safety. Getting our leftist legislature to understand that is pretty difficult most of the time.

Please make the hearing and help us move forward with this positive change. I'll post more details with location and times when we have that worked out. We ask that you do not try to contact anyone to help us as we work through this process. However, we do need your support October 17th.

Steve Aikens
 

AH.74

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I have it on the calendar; hopefully I will be able to make it and will be following this thread for more info.

Steve, can you give us a general idea of the procedure/format of these meetings? Do they ask attendees if they are for or against? Just want to think ahead so as to be able to show support in the best way possible.
 

AH.74

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No movie theater there, right? I'm sure it will be brought up.

Please do not clog up our forum with bad, poorly-thought-out trolling posts like this.

If you read the OP you would have seen that this is related to carry in PARKS- outdoors. What does that have to do with what happened in CO?
 

steveaikens

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I have it on the calendar; hopefully I will be able to make it and will be following this thread for more info.

Steve, can you give us a general idea of the procedure/format of these meetings? Do they ask attendees if they are for or against? Just want to think ahead so as to be able to show support in the best way possible.

Great, I hope to see you there.

There are a couple formats. The most informal - which I hope this is - is a short presentation to the audience stating the desired change, sometimes a little handout about it and then a request for comments from the public. Sometimes it's as simple as walk in, say you support the change and go home. Other times they want more information about why you want the change - or not.

Other times the general format is a panel of the agencies brass, usually we'll find DPS joining us. The chair of the panel will state some opening remarks. Those asking for the change will be seated before the panel and state their case for the change. If that's what this one is, in this case, it will be NRA Lobbyist Tara Reilly Mica. I will be the expert witness. Generally Tara states our case and turns it over to me, then I field questions from the panel, much like hearings in the legislature - just not as formal.

The agency will then ask to hear from those that may be opposed [or for] - or vice versa [there's no protocol in these kinds of hearings for who goes first from the audience] and the audience is asked for a show of hands of those that wish to speak. Both sides are called upon to be heard and a count is taken. Best it to be there, raise your hand to show support, raise your hand when asked for comments and state your support briefly.

If there are more supporting the change - it will be changed, more against - it will fail. It's pure public vote, which is why it's important for folks to show up.

As to the theater remark - seriously? I want you to know Mr. Mcbeth, as someone that works hard to improve the laws of NM to allow us to protect ourselves in public - I find your distasteful remark offensive and callous without regard to those that survived that horror, and the families that lost loved ones.

Steve Aikens.
 

steveaikens

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The notice of the proposed rule changes and public meeting will appear in the New Mexico Register at least 15 days prior to the public meeting and in the Albuquerque Journal at least 30 days prior to the public meeting. The public comment period will begin at least 30 days prior to the public meeting and there will be an opportunity for interested parties to speak at the public meeting regarding the proposed changes.

(Note: I'll send you reminders as we get closer to the appropriate dates.)

Steve Aikens
 

steveaikens

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Notice of public hearing and rulemaking

The New Mexico Energy, Minerals and Natural Resources Department, State Parks Division will hold a public hearing on proposed rule amendments at 6:30 p.m. on October 17, 2012 in Porter Hall (first floor), Wendell Chino Building, 1220 South Saint Francis Drive, Santa Fe, New Mexico.


The New Mexico Energy, Minerals and Natural Resources Department, State Parks Division is proposing changes to the following rules: 18.17.2 NMAC, Boating Operation And Safety; 18.17.3 NMAC, Construction Visitor Provisions; 19.5.1 NMAC, General Provisions; 19.5.2 NMAC, Park Visitor Provisions; 19.5.3 NMAC, Park Management And Development Plans; 19.5.5 NMAC, Concession Activities; 19.5.6 NMAC, Park Fees; and 19.5.7 NMAC, Filming In State Parks. Proposed changes to 18.17.2 NMAC include, among others, equipment on kayaks, canoes, paddleboards or rubber rafts. Proposed changes to 18.17.3 NMAC include having the State Parks Division collect fees directly for the permitting of community boat docks instead of the Interstate Streams Commission collecting the fees and transferring them to the State Parks Division. Proposed changes to 19.5.1 NMAC include, among others, the addition or amendment of definitions for off-highway motor vehicle, other power driven mobility device, vehicle, and wheelchair. Proposed changes to 19.5.2 NMAC include, among others, use of off-highway motor vehicles and golf cars by those with mobility disabilities, use of firearms and bows, and prohibitions on littering; as well as addition of new rules for, among others, rock collecting, and seaplanes and floatplanes. Proposed changes to 19.5.3 NMAC include the modification of park management and development plans. Proposed changes to 19.5.5 NMAC include, among others, concession contract provisions, outfitters and guides, and special requirements for the San Juan River located in Navajo Lake State Park. Proposed changes to 19.5.6 NMAC include, agreements containing conditions for use of meeting rooms and other facilities such as lodges and visitor centers, and the repeal of the fee for reservations. Proposed changes to 19.5.7 NMAC include activities not requiring a film permit and waiver of fees for individual student non-commercial projects.

Copies of the proposed rule changes are available from the New Mexico Energy, Minerals and Natural Resources Department, State Parks Division, 1220 South Saint Francis Drive, Santa Fe, NM 87505, on its website, http://www.emnrd.state.nm.us/PRD/, or http://www.emnrd.state.nm.us/spd/, or by contacting April Alvarado at 505-476-3360, april.alvarado@state.nm.us.

All interested persons may participate in the hearing, and will be given an opportunity to submit relevant evidence, data, views, and arguments, orally or in writing.

Written comments and oral comments will be accepted at the public hearing on October 17, 2012 and written comments will be accepted until October 31, 2012 at 5:00PM by mail or e-mail. Please mail written comments to April Alvarado, EMNRD, State Parks Division, 1220 S. St. Francis Drive, Santa Fe, NM 87505 or submit them by e-mail to april.alvarado@state.nm.us.

Individuals with a disability requiring a reasonable accommodation such as a reader, assistive listening device, licensed Signed Language Interpreter, or any other auxiliary aid may request one by contacting April Alvarado at 505-476-3360 or at april.alvarado@state.nm.us at least two weeks prior to the hearing. Public documents can also be provided in various accessible formats.

Please contact April Alvarado = april.alvarado@state.nm.us = and let her know that you want this change.

The change that applies is 19.5.2.21. Read it here: http://www.emnrd.state.nm.us/SPD/documents/19.5.2 NMAC.pdf

Steve Aikens
 
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snoball

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Thanks again Steve for letting us know about how we can help. I have sent a letter to April requesting the changes. Good luck. I was sorry to see that the legislature did not get to pass legislation to permit firearms in state parks, but maybe this will fix it.
 

steveaikens

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Just a reminder that we have until Oct 31st to submit written comments on this change.

If you see anything in the proposal that you think needs correction, please let me know and add that to your written comments.

The hearing was odd for me last night. This is the first time since 1989 that I've been working with firearms law that our proposed changes weren't "the bad guy topic" of a hearing. It felt strange that the "bad guys" were the kayackers and float plane owners. I think it felt good though....

Steve Aikens
 

NMBill

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My email

Just a reminder that we have until Oct 31st to submit written comments on this change.

If you see anything in the proposal that you think needs correction, please let me know and add that to your written comments.

The hearing was odd for me last night. This is the first time since 1989 that I've been working with firearms law that our proposed changes weren't "the bad guy topic" of a hearing. It felt strange that the "bad guys" were the kayackers and float plane owners. I think it felt good though....

Steve Aikens

Thanks, Steve, for your hard work on this. Finally got my email sent off to Ms. Alvarado:

Ms. Alvarado,

I am writing to express my support for the proposed changes to Section 19.5.2.21 regarding firearms and bows in New Mexico State Parks. I believe the provision for permitted concealed carry of firearms is rational, reasonable and consistent with New Mexico statutes regarding concealed carry in public and with Federal regulations for National Parks and Monuments within New Mexico. The current inconsistency of the rules prohibiting concealed carry in State Parks makes for confusion for licensed New Mexico residents and visitors from other states.

Concealed carry permit holders in the State of New Mexico are law abiding citizens, who have gone through special training and demonstrated competency with firearms, including periodic recertification. I hope that the State Parks Division will consider this change in light of the facts and real world experience with concealed carry in this state and in National Parks and other federal facilities, rather than relying on the undue hysteria, which often surrounds firearm discussions. I have read editorials on this change that suggest wholesale mayhem will occur, should concealed carry in State Parks be permitted. What is missing in each of these opinions are facts to support that prediction. Facts, not hysteria, make for good public policy.

The proposed changes to this section are well thought out and well crafted. The U.S. and New Mexico Constitutions provide for the right of law abiding citizens to carry arms for their self protection. Whereas the New Mexico Constitution forbids counties and municipalities from adopting regulations that infringe on this right, the current State Park rules do just that. I trust that the State Parks Division will do the right thing and adopt the proposed changes. Thank you.
 
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XDm

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Thank you, Steve. A big thanks as well to Tara of the NRA, Nancy B., and Dale(?) Extremely positive meeting to say the least. I will continue to drive support from my side up to the deadline.

Regards -
 

steveaikens

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Very well written comments. Thanks for submitting them. It was good to meet you in all the hustle at the meeting, though a bit too brief. I hope to see you in the legislature supporting us in the hearings as we continue to evolve the laws concerning our firearms rights.

I see us getting closer every day to a competent concealed carry law that we can start referencing as the model to show those that oppose us, that firearms owners can carry responsibly under the concealed carry law, and start using that model to show the exact same responsibility for open carry.

It's been a long haul, no question about that. However, we are making progress and now that some of our most aggressive detractors are no longer going to be legislators we have to fight, the hope is, those replacing them will be more reasonable to deal with.

The gist of this is - VOTE! Help give us a legislature that is willing to work with us and we will give you the firearms legislation you want - and change that legislation you don't want.

Steve Aikens
 

nm_ray

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Hello Steve
Thought the commentary I see here seems to always mention 'concealed carry' the proposed rule change does not appear to require concealment. I realize the rule does limit carrying to persons with a valid concealed handgun license, but see no requirement to conceal.

This is the proposed rule I'm reading.
http://www.emnrd.state.nm.us/SPD/documents/19.5.2 NMAC.pdf

Can you clarify?
Thanks
 
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