HOUSE COMMITTEE COULD HEAR HB 402, NEW YORK-STYLE GUN & MAGAZINE BAN, THIS COMING THURSDAY, FEBRUARY 21!
If you care about your right to own firearms and ammunition in New Mexico you MUST plan to attend this hearing and contact lawmakers in opposition to this terrible bill.
HB 402 by state Representative Stephen Easley (D-Eldorado), bans the future possession, transfer and transport of so-called “assault weapons” or “large-capacity ammunition-feeding devices.” All such property owned in New Mexico prior to July 1, 2013 would be grandfathered, but the burden of proving ownership prior to that date is placed on the owner. Proving the date of purchase can be almost impossible and serial numbers do not exist on many magazines.
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 “buyback” 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 triggerlock.
The definition of “assault weapon” in HB 402 is an unmitigated disaster. It doesn’t list specifically-banned models and 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 HB 402 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 this bill.
HB 402 also bans ammunition feeding devices with a capacity to accept more than ten rounds of ammunition or that contain more than seven 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 ten round state limit.) Additionally, HB 402 includes prohibitions on items specifically excluded in even the most far-reaching bans we’ve seen to-date: full ten-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. You can read the proposed measure yourself at http://www.nmlegis.gov/lcs/_session.aspx?Chamber=H&LegType=B&LegNo=402&year=13
It is expected that the House Consumer & Public Affairs Committee will hold a public hearing on HB 402 on Thursday, February 21, at 1:30pm or upon adjournment of the House in Room 315 of the State Capitol. You will want to confirm that it’s on the committee agenda come Tuesday or Wednesday by visiting http://www.nmlegis.gov/lcs/agecalendars.aspx. Make plans to attend this hearing and voice your opposition to HB 402. If the measure advances from this committee, it will move onto the House Judiciary Committee. Please also call and email committee members and urge them to oppose HB 402 (see listing below for committee member contact information.)
Recommendations for testimony/constituent contact:
• Keep your comments under one minute and try not to repeat previous points made.
• Be respectful and polite when communicating with lawmakers. Lists of committee members can be found here http://www.nmlegis.gov/lcs/committees_standing.aspx
• Speak to the bill and issue at hand, not a general constitutional argument. For talking points against so-called “assault weapons” bans and limits on magazines, visit http://www.gunbanfacts.com/
If you care about your right to own firearms and ammunition in New Mexico you MUST plan to attend this hearing and contact lawmakers in opposition to this terrible bill.
HB 402 by state Representative Stephen Easley (D-Eldorado), bans the future possession, transfer and transport of so-called “assault weapons” or “large-capacity ammunition-feeding devices.” All such property owned in New Mexico prior to July 1, 2013 would be grandfathered, but the burden of proving ownership prior to that date is placed on the owner. Proving the date of purchase can be almost impossible and serial numbers do not exist on many magazines.
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 “buyback” 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 triggerlock.
The definition of “assault weapon” in HB 402 is an unmitigated disaster. It doesn’t list specifically-banned models and 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 HB 402 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 this bill.
HB 402 also bans ammunition feeding devices with a capacity to accept more than ten rounds of ammunition or that contain more than seven 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 ten round state limit.) Additionally, HB 402 includes prohibitions on items specifically excluded in even the most far-reaching bans we’ve seen to-date: full ten-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. You can read the proposed measure yourself at http://www.nmlegis.gov/lcs/_session.aspx?Chamber=H&LegType=B&LegNo=402&year=13
It is expected that the House Consumer & Public Affairs Committee will hold a public hearing on HB 402 on Thursday, February 21, at 1:30pm or upon adjournment of the House in Room 315 of the State Capitol. You will want to confirm that it’s on the committee agenda come Tuesday or Wednesday by visiting http://www.nmlegis.gov/lcs/agecalendars.aspx. Make plans to attend this hearing and voice your opposition to HB 402. If the measure advances from this committee, it will move onto the House Judiciary Committee. Please also call and email committee members and urge them to oppose HB 402 (see listing below for committee member contact information.)
Recommendations for testimony/constituent contact:
• Keep your comments under one minute and try not to repeat previous points made.
• Be respectful and polite when communicating with lawmakers. Lists of committee members can be found here http://www.nmlegis.gov/lcs/committees_standing.aspx
• Speak to the bill and issue at hand, not a general constitutional argument. For talking points against so-called “assault weapons” bans and limits on magazines, visit http://www.gunbanfacts.com/
