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Thread: HB-402 Restrict Assault Weapons and Large Magazines in NM

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    HB-402 Restrict Assault Weapons and Large Magazines in NM

    And it's finally here.. thanks to the new Representatvie Stephen Easley (D) District 50.
    Office Phone: (505) 990-2044
    Home Phone: (505) 699-5516
    Email: stephen.easley@nmlegis.gov

    Representative Easley is wasting no time getting his name in the spotlight thanks to the bill he is sponsoring to eliminate "assault weapons" and "large magazines" to become effective July 1st, 2013. The bill HB-402 (located HERE) is strongly worded to preclude ownership of such items and penalties for the confiscation and destruction of said items if any of the newly proposed restrictions are not adhered to in any way. The new bill would mandate locks and controls of those items grandfathered before July 1st, 2013 and would restrict their use to gun ranges only.

    Assault weapons would be defined under the law as a gun with ANY of the following features:
    RIFLE
    * folding or telescoping stock
    * a second hand-grip (non-trigger hand) such as those mounted under the quad rails
    * thumbhold stock
    * a pistol grip
    * bayonet mount
    * flash suppressor / muzzle break
    * grenade launcher
    SHOTGUN
    * folding or telescoping stock
    * a second hand-grip (non-trigger hand) such as those mounted under the quad rails
    * thumbhole stock
    * a pistol grip
    * bayonet mount
    * flash suppressor / muzzle break
    * grenade launcher
    * fixed capacity >7
    * detachable magazines
    SEMI-AUTO PISTOLS
    * thumbhole stock
    * folding or telescoping stock
    * a second hand-grip (non-trigger hand)
    * a threaded barrel / flash suppressor / silencer
    * a manuf weight limit of 50oz when uloaded
    * or is a semi-auto version of an automatic rifle, shotgun, or firearm
    (many more items - see the billl)

    Magazine limits of SEVEN... yes SEVEN. Sound like NY yet? Read the bill (located HERE)

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    50 oz wt. limit ... interesting ... many handguns were designed to be heavy so when one runs out of bullets it can be used as a club.

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    Do any of these people care about what we the people actually want?

    This is truly unbelievable.

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    Quote Originally Posted by AH.74 View Post
    Do any of these people care about what we the people actually want?
    They WILL if you and others stand up and make your voice heard about what you really want. Attend these anti-gun meetings with us.
    Voting people out of office, people like Representative Miguel Garcia - Representative Easley - Chairperson Gail Chasey, will send a strong message.

    Steve will assuredly keep us posted when bills like these are up on the floor for discussion.

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    Quote Originally Posted by XDm View Post
    They WILL if you and others stand up and make your voice heard about what you really want. Attend these anti-gun meetings with us.
    Voting people out of office, people like Representative Miguel Garcia - Representative Easley - Chairperson Gail Chasey, will send a strong message.

    Steve will assuredly keep us posted when bills like these are up on the floor for discussion.
    I was there last week, I'll try to be there again tomorrow.

    And regarding this one- believe me, the email I wrote to all these reps as soon as I read your post was much more strongly worded than the ones I've written in the recent past. I'm really getting angry over this BS.

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    This is getting out of control. The biggest problem is that these people do not know anything about what they are talking about or are complete fudds.

    There is another protest across the country on the 8th. I suggest we have a very strong turn out, as last time if not stronger.

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    Quote Originally Posted by .32acp View Post

    There is another protest across the country on the 8th.
    I heard about this last week, but don't know anything more. Details or links to info would be appreciated.

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    Quote Originally Posted by AH.74 View Post
    I heard about this last week, but don't know anything more. Details or links to info would be appreciated.
    https://www.youtube.com/watch?v=G80tRM6m7KM

    &

    https://www.youtube.com/watch?v=jU_6fBdo6qU

    lets get the word out.

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    Quote Originally Posted by AH.74 View Post
    I heard about this last week, but don't know anything more. Details or links to info would be appreciated.
    As before, I do not support these demonstrations - AT THIS TIME IN NM.

    I continue to be pulled aside in the legislature so people on both sides of the firearm issue, for them to tell me their thoughts on some of what they are seeing with the rally recently held here, and more importantly, what some are doing in the Capitol during hearings.

    I have a good friend in a very powerful position find me and pull me aside yesterday to discuss what happened in a committee last Tuesday. I should have been at that hearing but was called back to Clovis on urgent business. Once again, someone came to a committee hearing with a 1911, openly carried in condition one. My friend is a gun guy. As the testimony "warmed up" he noted the person carrying appeared to him to become moderately agitated to the point he became concerned. Nothing happened and the hearing adjourned. Following the hearing, he had "a gaggle of people" approach him about the guy with the gun.

    He told me to keep an eye toward an effort to declare the Capitol off-limits.

    Try to think this through before you act. We are in for the fight of our life. Where I certainly - and pretty clearly - support our rights, there is a time and place for everything. We are in the minority in the legislature. Angering the lawmakers while they're actually in the process of trying to create laws that limit those rights - and in this case, they absolutely do have the power to limit them - is not only not a good idea, it make the job of those of us actually trying to prevent that from happening using the legislative process much more difficult.

    As always, you have to follow your own path but please try to think your actions through first.

    Lastly - to the anonymous individual that emailed me to tell me I was restricting his rights and declared me an anti-firearm nazi - Sir, you are a moron of the highest caliber. Attacking me from a bogus email account so I can't even reply speaks volumes about you. You and your ilk need to bring your happy ass to the capitol and see what's really happening here.

    Steve Aikens
    Last edited by steveaikens; 02-05-2013 at 08:49 AM.

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    Good input, thanks Steve.

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    Steve,

    I understand and appreciate your viewpoint.

    But there is always the flip side. If we keep acting as if we don't have the right to open carry in non-prohibited places, the "other side" wins by default.

    Sometimes people need to see that guns don't just go off, they don't carry an inherent risk. If there was no incident, why the fear of legislation against it? What is the justification? Do we really need to operate in fear of "angering" these people? Is that what we've come to?

    Have you considered that your friend may have exaggerated his observation of the "agitation" to support his view? Maybe the guy simply was getting itchy after sitting there for a long time, or had to go to the bathroom but didn't want to miss anything. We don't know- we weren't there.

    I sat next to the Santa Fe police chief yesterday, for a while. Behind us were some older antis. They spoke quietly and it was clear these people did not know about the laws or proposals they were opposed to. I can only imagine their reaction if they knew that I also had a gun on me, and was sitting next to the chief! Heavens!

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    I will be at the rally on the 8th in Santa Fe.

    I am not worried about ******* off the legislators in Santa Fe either, if they pass this or similar legislation, it will go very badly for everyone but in the end it will work out in our favor. I hope that the "Anti-Gun" reps know this or at least acknowledge this as a possibility.

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    Quote Originally Posted by steveaikens View Post
    As before, I do not support these demonstrations - AT THIS TIME IN NM.

    I continue to be pulled aside in the legislature so people on both sides of the firearm issue, for them to tell me their thoughts on some of what they are seeing with the rally recently held here, and more importantly, what some are doing in the Capitol during hearings.

    I have a good friend in a very powerful position find me and pull me aside yesterday to discuss what happened in a committee last Tuesday. I should have been at that hearing but was called back to Clovis on urgent business. Once again, someone came to a committee hearing with a 1911, openly carried in condition one. My friend is a gun guy. As the testimony "warmed up" he noted the person carrying appeared to him to become moderately agitated to the point he became concerned. Nothing happened and the hearing adjourned. Following the hearing, he had "a gaggle of people" approach him about the guy with the gun.

    He told me to keep an eye toward an effort to declare the Capitol off-limits.

    Try to think this through before you act. We are in for the fight of our life. Where I certainly - and pretty clearly - support our rights, there is a time and place for everything. We are in the minority in the legislature. Angering the lawmakers while they're actually in the process of trying to create laws that limit those rights - and in this case, they absolutely do have the power to limit them - is not only not a good idea, it make the job of those of us actually trying to prevent that from happening using the legislative process much more difficult.

    As always, you have to follow your own path but please try to think your actions through first.

    Lastly - to the anonymous individual that emailed me to tell me I was restricting his rights and declared me an anti-firearm nazi - Sir, you are a moron of the highest caliber. Attacking me from a bogus email account so I can't even reply speaks volumes about you. You and your ilk need to bring your happy ass to the capitol and see what's really happening here.

    Steve Aikens
    No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

    I'm sure that you are aware of this article of the NM constitution Steve, I ask, how then will they attempt to ban carry at the capitol?

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    They attempted to regulate carry in the Town buildings in Ruidoso, that didn't turn out in their favor. Just for a small town like Ruidoso we had roughly 50 people show up to the city council meeting in protest on short notice. If they decided to attempt to take that to the next level at the capitol, I don't see it going well.

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    Quote Originally Posted by Matt St. John View Post
    Just for a small town like Ruidoso we had roughly 50 people show up to the city council meeting in protest on short notice. If they decided to attempt to take that to the next level at the capitol, I don't see it going well.
    I can only hope that the support and/or turnout for the opposition of HB_402 is something that sends a message to anti-gun legislators for a long time to come.

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    URGE YOUR LAWMAKERS TO OPPOSE HB 402!

    Just last month, the New York Legislature enacted an all-out assault on law-abiding gun owners and New Mexico could be poised to follow their lead, unless your State Representatives & State Senators hear from you TODAY!

    House Bill 402 by Rep. Stephen Easley (D-Eldorado) bans the future possession and transport of a so-called "assault weapon" or "large-capacity ammunition-feeding devices." All such property owned in New Mexico prior to July 1, 2013 would be grandfathered in, but the burden of proving ownership prior to that date is placed on the owner. How, or even if, this could be accomplished for magazines without a marked date or serial number is unclear.

    Ownership of the affected firearms and magazines could not be transferred AT ALL. The only means of disposing of them would be through a gun buy-back or turn-in program to law enforcement -- no inheritance, no allowing a friend or relative to take custody of the prohibited property, no selling or transferring the property out-of-state or even to a federally-licensed dealer. Grandfathered owners of the firearms described below would be required to store them in a locked gun safe at all times except when the guns are being transported or used. Transport would only be lawful if the firearm is unloaded, any detachable magazine is removed and the gun is equipped with a trigger-lock.

    The definition of "assault weapon" in HB 402 is an unmitigated disaster. It doesn't list specifically-banned models, but instead imposes a "one-feature test" for rifles, shotguns and pistols, as well as a catch-all for "a semi-automatic version of an automatic rifle, shotgun or firearm." A banned feature for both semi-automatic rifles that can accept a detachable magazine and semi-automatic shotguns would be a "secondhand grip" OR a "protruding grip that can be held by the non-trigger hand." Of course, ALL rifles and shotguns feature some sort of secondary gripping surface, as by definition they are designed or made to be fired from the shoulder and gripped with two hands. So the bill could essentially ban ALL semi-automatic rifles that can accept a detachable magazine and ALL semi-automatic shotguns, unless they fit into one of the very narrow exemptions in the bill.

    HB 402 also bans ammunition feeding devices with a capacity to accept more than 10 rounds of ammunition or that contain more than 7 rounds of ammunition. This is just one example of how poorly-drafted this bill is in a rush to follow New York’s lead (where gun control advocates sought to reduce the existing 10 round limit.) Additionally, the language includes prohibitions on items specifically excluded in even the most far-reaching bans we've seen written to-date: full 10 round magazines routinely used for competition and feeding devices that are curios or relics!

    This is one of the worst gun control bills filed in the entire country. It must be stopped, and that can only happen if you make your opposition clear to lawmakers before the measure gets any traction.

    HB 402 has been referred to the House Consumer & Public Affairs Committee and the House Judiciary Committee. At this time, it has not yet been scheduled for a hearing, but that could happen very soon. Please contact the members of the committees below, your own state lawmakers and Governor Susana Martinez and urge them to help defeat the worst gun bill we’ve seen yet in New Mexico.

    Consumer & Public Affairs Committee

    Rep. Eliseo Lee Alcon (D-Milan) – Chair
    Phone: (505) 986-4844
    Email: eliseo.alcon@nmlegis.gov

    Rep. Patricia Roybal Caballero (D-ABQ)
    Phone: (505) 986-4243
    Email: pat.roybalcaballero@nmlegis.gov

    Rep. Thomas Anderson (R-ABQ)
    Phone: (505) 986-4451
    Email: Thomas.Anderson@nmlegis.gov

    Rep. Gail Chasey (D-ABQ)
    Phone: (505) 986-4412
    Email: Gail@GailChasey.com

    Rep. Jason Harper (R-Rio Rancho)
    Phone: (505) 986-4254
    Email: JasonHarperNM@gmail.com

    House Judiciary Committee

    Rep. Gail Chasey (D-ABQ) - Chair
    Phone: (505) 986-4412
    Email: Gail@GailChasey.com

    Rep. Georgene Louis (D-ABQ)
    Phone: (505) 986-4464
    Email: georgene.louis@nmlegis.gov

    Rep. Eliseo Lee Alcon (D-Milan)
    Phone: (505) 986-4844
    Email: eliseo.alcon@nmlegis.gov

    Rep. Cathrynn N. Brown (R-Carlsbad)
    Phone: (505) 986-4211
    Email: cath@cathrynnbrown.com

    Rep. Zach Cook (R-Ruidoso)
    Phone: (505) 986-4452
    Email: zachary.cook@nmlegis.gov

    Rep. Brian Egolf (D-Santa Fe)
    Phone: (505) 986-4423
    Email: brian.egolf@nmlegis.gov

    Rep. Kelly K. Fajardo (R-Belen)
    Phone: (505) 986-4220
    Email: kelly.fajardo@nmlegis.gov

    Rep. Miguel P. Garcia (D-ABQ)
    Phone: (505) 986-4327
    Email: miguel.garcia@nmlegis.gov

    Rep. Nate Gentry (R-ABQ)
    Phone: (505) 986-4757
    Email: natefornm@gmail.com


    Rep. Emily Kane (D-ABQ)
    Phone: (505) 986-4464
    Email: emilykane4nm@gmail.com

    Rep. "Moe" Maestas (D-ABQ)
    Phone: (505) 986-4774
    Email: antonio.maestas@nmlegis.gov

    Rep. Terry H. McMillan (R-Las Cruces)
    Phone: (505) 986-4450
    Email: docmcmillan@gmail.com

    Rep. Paul A. Pacheco (R-ABQ)
    Phone: (505) 986-4214
    Email: paul.pacheco@nmlegis.gov

    Rep. Bill Rehm (R-ABQ)
    Phone: (505) 986-4214
    Email: bill.rehm@nmlegis.gov

    Rep. Patricia Roybal Caballero (D-ABQ)
    Phone: (505) 986-4243
    Email: pat.roybalcaballero@nmlegis.gov

    Rep. Mimi Stewart (D-ABQ)
    Phone: (505) 986-4842
    Email: mimi.stewart@nmlegis.gov


    Governor Susana Martinez
    Phone: 505-476-2200
    Email: www.governor.state.nm.us

    Matt St John: Thanks for the valuable information on how it SHOULD be. However, rather than preach to someone that's actually working to fix these issues every year in the legislature, and showing up for displays in Santa Fe - you might consider using that energy where it will do the most good - in the hearings inside the capitol.

    Have a nice day.

    Steve Aikens

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    Quote Originally Posted by XDm View Post
    And it's finally here.. thanks to the new Representatvie Stephen Easley (D) District 50.
    Office Phone: (505) 990-2044
    Home Phone: (505) 699-5516
    Email: stephen.easley@nmlegis.gov

    Representative Easley is wasting no time getting his name in the spotlight thanks to the bill he is sponsoring to eliminate "assault weapons" and "large magazines" to become effective July 1st, 2013. The bill HB-402 (located HERE) is strongly worded to preclude ownership of such items and penalties for the confiscation and destruction of said items if any of the newly proposed restrictions are not adhered to in any way. The new bill would mandate locks and controls of those items grandfathered before July 1st, 2013 and would restrict their use to gun ranges only.
    --snipped--
    Just read the bill - what a poorly written submission and an insult to freedom loving people.

    BTW - IMHO LAC carrying in legislative hearings and city council meetings is a very positive statement. Such is the norm throughout Virginia, including at our General Assembly.

    Do some politicians complain? Sure, but the people aren't drinking the Kool-Aid any more and the anti politicos receive little to no support. Oft quoted line from one of our reps, " This is the PEOPLE'S house."

    Also see the recent events in Oak Harbor, Washington where OC and CC citizens caused an anti gun law to be removed. It drew national attention and that too worked to their advantage.
    http://q13fox.com/2013/02/05/gun-tot...#axzz2KE0OueXP
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Steve,

    I've been attacking this problem from another angle. I run a NM based civil rights group here in Alamogordo check it out. www.alamogordo2atf.com

    We run raffles, classes on shooting in addition to constitutional history and law. I have lawyers on staff as well as NRA certified instructors. The rallies are the fun part. They are no the only thing that I'm involved in. Also, I'm active duty so I have to tread a line concerning politics as it is, not to mention I can't jet up to Santa Fe every week, even though that'd be awesome. You aren't the only one pulling your weight. We are all on the same side.

    And again, if this bill passes, the small amount of non-compliers in NY will be nothing to the uproar that will take place here in NM, not to mention the Capitol disregarding the constitution as it pertains to carrying.

    Irritating the reps is the least of our worries right now. They need to be scared of us, meaning their careers need to be put on the line, recalls ect. Nothing else seems to work.
    Last edited by Matt St. John; 02-07-2013 at 10:05 AM.

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    Quote Originally Posted by Matt St. John View Post
    --snip--

    And again, if this bill passes, the small amount of non-compliers in NY will be nothing to the uproar that will take place here in NM, not to mention the Capitol disregarding the constitution as it pertains to carrying.

    Irritating the reps is the least of our worries right now. They need to be scared of us, meaning their careers need to be put on the line, recalls ect. Nothing else seems to work.
    +1 to the max

    “We don’t suggest that people panic, because there hasn’t been a problem with open-carry demonstrations in other cities.”

    Palo Alto, CA police Lt. Sandra Brown, Mercury News, March 5, 2010

    “I don’t think [legalizing open carry] change[s] much because it’s not . . . concealed carry . . . and frankly given the choice of the two, open carry is probably less dangerous because we know what we’re dealing with.”
    KCTV5 Kansas City, September 24, 2012

    “There’s even an organization whose raison d’etre is promotion of open carry. . . OpenCarry.org. These are the shock troops of the gun lobby. And, they are not going away.”
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009


    Last edited by Grapeshot; 02-07-2013 at 10:20 AM.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty. "
    Thomas Jefferson

    Paraphrased quite nicely in the film "V For Vendetta":

    People should not be afraid of their governments; governments should be afraid of their people.

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    There is no fear without consequence.

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    Quote Originally Posted by Matt St. John View Post
    There is no fear without consequence.
    There is no fear without potential consequences.

    Because one may fear what might happen is no guarantee that it will happen. Frequently addressing the problem, taking action, is enough.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    I don't really want to split hairs, but you got my point.

    Essentially for the reps to be afraid of us, we have to give thim something to fear/hold over their head. And just not re-electing them next term isn't enough.

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    Quote Originally Posted by Matt St. John View Post
    I don't really want to split hairs, but you got my point.

    Essentially for the reps to be afraid of us, we have to give thim something to fear/hold over their head. And just not re-electing them next term isn't enough.
    That is however what we do here - we either cause changes through the election process or through the courts.

    Not sure what you are implying and do NOT want to see extreme responses on OCDO, so as a preemptive response all should take heed of Forum Rule #15

    (15) WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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