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Thread: Hb 77 re-incarnated – same song, second verse:

  1. #1
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    Hb 77 re-incarnated – same song, second verse:

    COMMITTEE SUBSTITUTE STILL CONTAINS OBAMA-STYLE BAN/REGULATION OF PRIVATE GUN TRANSFERS

    Act TODAY to Stop Passage of New Version of House Gun Control Bill!

    The proposed method in House Bill 77 has been changed, but the gun control advocates’ end-game remains the same: universal regulation of private firearms transfers. The newly-released committee substitute for HB 77 would make it a crime for a private individual to transfer his or her legally-owned firearm without going through a federal firearm licensed dealer (FFL) to conduct a background check on the transferee. Exceptions are made for only certain categories of individuals – family members, domestic partners, stepchildren, foster or adopted children, or persons who live in the same residence and maintain a single economic unit. However, the provisions in HB 77 would still apply to gun sales, gifts, loans, rentals or trades between friends, neighbors, co-workers or more-distant relatives. These restrictions would not apply to temporary transfers during hunting or target practice, but the possible breadth and scope of the legislation is endless.

    Even though the vast majority of vendors at most gun shows are FFLs and already conducting background checks on gun sales, under this proposal, individuals looking to sell or trade a firearm from their personal collection at these events would also be forced to go through an FFL before transferring their lawfully-owned personal property. Gun show promoters would be required to arrange for one or more FFLs to be present at such events to conduct required background checks or be subject to criminal penalties.

    While HB 77 establishes that FFLs may charge a fee for conducting these checks for third parties, there is no limit to what that charge could possibly be. Additionally, there is no immunity from liability provided to FFLs who conduct background checks for third parties, either at their retail establishment or at gun shows, or for private sellers who enlist the services of an FFL to comply with the provisions of HB 77.

    Even though they have already undergone the same background check required by HB 77 before being issued a license, New Mexico Concealed Handgun Licensees are not exempt from the restrictions imposed by HB 77. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has repeatedly denied requests from individual lawmakers and the New Mexico Department of Public Safety to grant New Mexico CHLs a waiver from the background check conducted when purchasing a firearm from an FFL.

    Enactment of HB 77 would actually reduce the penalty for unlawful transfer of a firearm to a prohibited individual. Under federal law, it is a felony for any private individual to sell, trade, give, lend, rent or transfer a gun to a person he or she knows or should have known is not legally allowed to purchase or possess a firearm. We already know that federal law is rarely – if ever – enforced, so this bill would create the same crime in New Mexico statute, but make it a misdemeanor.

    Once again, this latest version of HB 77 fails to recognize that criminals acquire firearms predominantly through theft, black market sales, and straw purchases – all illegal transfers currently. Rarely do they purchase firearms through legal channels. On the rare occasion that they do, they are almost never prosecuted. The only individuals who will be impacted by the bureaucratic and onerous requirements in this proposed legislation are law-abiding citizens. HB 77 contains no enforcement mechanisms and actually reduces the penalties for violators.

    The public policy focus of state lawmakers should be on improving the accuracy and quality of information compiled in the NICS system – specifically, disqualifying state mental health records – and aggressively prosecuting violators of federal firearms laws.

    The House Judiciary Committee will consider the committee substitute to HB 77 on Monday, February 4, at 1:30pm (or upon adjournment of the House) in Room 309 of the State Capitol in Santa Fe. It is critical that we pack the hearing room to show strong opposition to these far-reaching restrictions. Continue contacting the committee members below and urging them to OPPOSE HB 77 in its most current form. Please also contact your own State Representative and let them know where you stand!

    To determine your state lawmaker and obtain their contact information, http://www.nmlegis.gov/lcs/legislatorsearch.aspx.

    For more information from NRA-ILA on restrictions on private transfers, http://www.nraila.org/privatesales.

    House Judiciary Committee

    Rep. Gail Chasey, Chair (D-ABQ)

    505-986-4412

    gail@gailchasey.com

    Rep. Georgene Louis, Vice-Chair (D-ABQ)

    505-986-4464

    georgene.louis@nmlegis.gov

    Rep. Eliseo Lee Alcon (D-Milan)

    505-986-4844

    eliseoalcon@msn.com

    Rep. Cathrynn Brown (R-Carlsbad)

    505-986-4248

    cath@cathrynnbrown.com

    Rep. Zach Cook (R-Ruidoso)

    505-986-4452

    zachjcook@gmail.com

    Rep. Brian Egolf (D-Santa Fe)

    505-986-4423

    brian.egolf@nmlegis.gov

    Rep. Kelly Fajardo (R-Belen)

    505-986-4220

    kelly@kellyfajardo.com

    Rep. Miguel Garcia (D-ABQ *sponsor of the measure*)

    505-986-4327

    miguel.garcia@nmlegis.gov

    Rep. Nate Gentry (R-ABQ)

    505-986-4757

    natefornm@gmail.com

    Rep. Emily Kane (D-ABQ)

    505-986-4464

    emilykane4nm@gmail.com

    Rep. Moe Maestas (D-ABQ)

    505-986-4774

    rep16@moejustice.com

    Rep. Terry McMillan (R-Las Cruces)

    505-986-4450

    docmcmillan@gmail.com

    Rep. Paul Pacheco (R-ABQ)

    505-986-4214

    Rep. Bill Rehm (R-ABQ)

    505-986-4214

    bill.rehm@nmlegis.gov

    Rep. Patricia Roybal Caballero (D-ABQ)

    505-986-4243

    pat.roybalcaballero@nmlegis.gov

    Rep. Mimi Stewart (D-ABQ)

    505-986-4842

    mimi.stewart@nmlegis.gov


    Steve Aikens

  2. #2
    Regular Member XDm's Avatar
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    Planning to attend once again...

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    More wasted time and energy. I wish they would focus on something that would matter, and could make a real difference.

    This is very, very frustrating.

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    We need everyone we can muster to overwhelm the committee meeting again. Our last effort displayed to our legislators that the original version of this onerous bill was unacceptable to us. The changes of the bill noted above are the direct result of our being there, making our voices heard, and demonstrating a visable presence.

    The House Judiciary Committee will consider the committee substitute to HB 77 on Monday, February 4, at 1:30pm (or upon adjournment of the House) in Room 309 of the State Capitol in Santa Fe. It is critical that we pack the hearing room to show strong opposition to these far-reaching restrictions. Continue contacting the committee members below and urging them to OPPOSE HB 77 in its most current form. Please also contact your own State Representative and let them know where you stand!

    Please try to make it to finally kill this bill.

    Steve Aikens
    Last edited by steveaikens; 02-04-2013 at 08:18 AM.

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    Quote Originally Posted by steveaikens View Post
    We need everyone we can muster to overwhelm the committee meeting again. Our last effort displayed to our legislators that the original version of this onerous bill was unacceptable to us. The changes of the bill noted above are the direct result of our being there, making our voices heard, and demonstrating a visable presence.

    The House Judiciary Committee will consider the committee substitute to HB 77 on Monday, February 4, at 1:30pm (or upon adjournment of the House) in Room 309 of the State Capitol in Santa Fe. It is critical that we pack the hearing room to show strong opposition to these far-reaching restrictions. Continue contacting the committee members below and urging them to OPPOSE HB 77 in its most current form. Please also contact your own State Representative and let them know where you stand!

    Please try to make it to finally kill this bill.

    Steve Aikens
    will be there

    getting conflicting reports. is this happening at 1:30 or 3:30?
    Last edited by .32acp; 02-04-2013 at 01:52 PM.

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    Good question. On the House side, Committee meetings almost always are scheduled for at 1:30pm (or upon adjournment of the House). Unfortunately, there's no real way to determine any actual starting time in committees - we just have to accept the fact that our legislature is fluid - regardless of attempts to keep it on a schedule.

    That said: keep making those calls, sending those emails and where possible, make it to the hearings. This bill is undergoing numerous changes in the Democrats effort to "do something" and the Republicians efforts to minimumize the effects of those efforts. The bill was actually worked on until 9 pm and carried over until Friday. We're still trying to kill it.

    Retired Police Officer, Rep Paul A.Pacheco, called it what it is during last nights hearing. "No one seems to want to say it but I will. This bill in nothing more than a feel good piece of legislation that only impacts the law-abiding citizen." Right on the money Representitive.

    Continue contacting your legislators and let them know you're watching this bill and simply do not want it to pass in any form. Recommend they pass a bill the requires the current laws to be enforced.

    Bear in mind that the Democrats hold the majority in our legislature. If we can just get two of them in the Judiciary Committee to vote with us, the bill dies. Not an easy task. We were able to put just enough doubt in Rep. Alcon's mind that he voted with us last Monday. However, I spoke with him yesterday and he told me he was able to amend the bill to his satisfaction. That puts him in the Democrats corner - not good for us.

    Be polite, be respectful, be brief, be direct.

    Steve Aikens
    Last edited by steveaikens; 02-05-2013 at 08:12 AM.

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    These meeting times are taxing on those of us that have to travel but at least they offered us some dinner for a change last night.

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    Hoping for an update- I didn't see this as an agenda item for today.

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    Sitting in committee. It's last on the agenda.

    Steve Aikens

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    tick tock ..

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    just saw the news coverage about it!!

    13-3 vote
    Last edited by XDm; 02-08-2013 at 11:28 PM.

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    I apologize for the brevity of this information. Working in a hotel on a severely crippled computer but want you to know at least a little about what happened last night.

    HB 77 was drilled almost to death from its original form. It did pass House Judiciary.

    Bottom line is now only:

    Private sales at gun shows will require NICS.
    NM Concealed Carry License holders are exempt from private sale NICS.
    Language being drafted to require mental health issues to be reported.

    The new bill will probably be available on-line Monday or Tuesday.

    Next stop is **scheduled** to be House Appropriations and Finance. I believe Garcia will request it be pulled straight to the floor with the claim that it now has no fiscal impact. We're looking at how to prevent that as we do have some issues that do create fiscal impacts.

    You'll know, when I know, what the next step is.

    I remain committed to killing this bill in any form. It's nothing more than feel good legislation that has no effect on criminals. Somehow our legislators fail to understand the laws they make ONLY affect the law-abiding citizen. Perhaps we can get them to pass a law - that forces them to enforce the laws they've already passed.

    Steve Aikens
    Last edited by steveaikens; 02-09-2013 at 06:49 AM.

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    Quote Originally Posted by steveaikens View Post

    Private sales at gun shows will require NICS.
    NM Concealed Carry License holders are exempt from private sale NICS.
    It still doesn't make a lot of sense to me.

    Two guys meet in the gun show facility somewhere- let's say while walking the aisles, and one of them has a gun the other wants to buy.

    What do they need to do? Go to a particular vendor, and pay them to do a transfer? How will this be enforced?

    What about this CCL exception- the buyer shows the seller his CCL and they're all good to proceed?

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    CCL permit holders would still need NICS/FFL check done at big box stores?? Would love to see a statewide exemption with valid CCL from NMDPS.

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    Condensed reply:

    Yes, if this bill passes - and we're working our asses off to prevent it from passing - then chl exemption means NM CHL holders are exempt from background checks IN GUN SHOWS - WITH PRIVATE SELLERS ONLY. No change to retail sellers

    CHL exemption statewide is being working on but not part of this bill. Exemption in this bill - IF IT PASSES - relates ONLY to private sales in gun show venues.

    However - we are NOT through with this bill in any way.

    We absolutely intend to kill this bill.

    Steve Aikens

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    Looks like it passed the house yesterday.

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    Yeah, and Gov. Martinez is ready to sign it in this format if the Senate scoots it along.

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    Quote Originally Posted by XDm View Post
    Yeah, and Gov. Martinez is ready to sign it in this format if the Senate scoots it along.
    I think she said she would sign it if there was nothing added
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    Quote Originally Posted by RogueAussie View Post
    I think she said she would sign it if there was nothing added
    There's a strange repeating echo in here..

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    Quote Originally Posted by XDm View Post
    There's a strange repeating echo in here..

    LOL sorry mate am doing this from work
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    Quote Originally Posted by RogueAussie View Post
    LOL sorry mate am doing this from work
    cheers!

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    Question for you guys who go to gun shows, since I've never been to one and don't plan on ever going to any- do they stamp your hand or give you an entry ticket to be able to leave and re-enter the facility?

    If so- do you see where I'm going with this?

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    The problem with this bill and many others is the ability to circumnavigate the legal requirements either by a quick visit "offsite" or sheer unwillingness to comply.

    And while I'm at it , let me say gun shows have never been a cheap alternative to purchasing guns, ammo, or supplies. If anybody thought prices were bad before Q4-2012 you should see what others around the country are reporting from their shows relating to gouging and rididiculously exhorbitant prices post Connecticut events. I suppose If people are dumb enought to pay to enter a buidling just to window shop and browse then I suppose they probably deserve to be gouged.

    Paying to enter, paying more for items, and being bound by extra laws and regulations means I will NEVER visit gun shows. I laugh at the suckers that do.

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    Gun Shows

    I've not been to a gun show in twenty years or so, and the last one was when I lived in Illinois (*shiver*). Then, gun shows were a point-of-recruitment by the NRA. With all that has been going on, I doubt the NRA will need to actively recruit members anymore, as the powers that be seem to be that doing just fine for them.

    So with the ability to buy on the internet, local shops, and with democrats-gone-wild the gun shows may just fade away.......and not be missed. Those of you who do go to gun shows.....have you noticed declining numbers? Just curious.

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    From reports I have read, they are more crowded and busy than people have ever seen before, with long lines to get in.

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