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Thread: New Mexico Restaurant carry

  1. #1
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    We need to make this a reality

    New Mexico Restaurant Carry Legislation Needs Your Help!
    Monday, January 26, 2009
    Please Contact the Members of the House Business & Industry Committee! State Representative John Heaton (D-Carlsbad) has introduced House Bill 105, a measure that would permit Concealed Handgun Licensees to protect themselves in establishments that are licensed to dispense alcoholic beverages for consumption on the premises IF the establishment derives more than 60% of their annual gross receipts from the sale of food.
    The legislature passed House Bill 588 in 2007 to open up grocery and convenience stores, which sell alcohol for consumption off the premises, to Concealed Handgun Licensees; NRA supported that bill and backs this latest effort to allow them to lawfully enter restaurants.
    HB 105 has been referred to the House Business & Industry Committee. Please contact the committee members listed below at their capitol offices and urge them to support HB 105. Remind them that it is already unlawful to carry a firearm while under the influence of alcohol, and that Concealed Handgun Licensees should not be denied their right to self-defense just because other patrons of a dining establishment can legally choose to consume alcoholic beverages on the premises.
    State Representative Debbie A. Rodella, Chair (D-41)
    (505) 986-4329
    debbie.rodella@nmlegis.gov

    State Representative Thomas A. Garcia, Vice Chair (D-68)
    (505) 986-4242
    ocate@hotmail.com
    State Representative Eliseo Lee Alcon (D-6)
    (505) 986-4254
    eliseoalcon@msn.com
    State Representative Andrew J. Barreras (D-7)
    (505) 986-4243
    State Representative Jose A. Campos (D-63)
    (505) 986-4341
    Josephs@plateautel.net
    State Representative Keith J. Gardner (R-66)
    (505) 986-4757
    gardners90@yahoo.com
    State Representative Dona G. Irwin (D-32
    (505) 986-4249
    donagale@zianet.com
    State State Representative Sandra D. Jeff (D-5)
    (505) 986-4543
    State Representative Jane E. Powdrell-Culbert (R-44)
    (505) 986-4467
    jpandp@comcast.net
    State Representative Thomas C. Taylor (R-1)
    (505) 986-4757
    tom@tomtaylor.net
    State Representative Jim R. Trujillo (D-45)
    (505) 986-4255
    jimtrujillo@msn.com
    State Representative Shirley A. Tyler (R-61)
    (505) 986-4220
    sntyler@valornet.com

    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    done

    and

    done



  3. #3
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    Let them know that it is better for the Cancelled Carry Permit holder to keep their gun under their control than to leave it in a restaurant parking lot even in the locked case that we use.

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    Thanks for the info. It should be noted that only 9 states that have concealed carry cannot carry in a restaurant that serves liquor. All the others PERMIT it. NM is way behind the curve on this. I had written letters to Gov. Richardson and my representative in 2007 (for the 2008 session), but it was not introduced. I was surprised to see such a bill being considered since this is supposed to be a session that concentrates on budget issues. Regardless....a letter goes out tomorrow!!

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    This bill should be amended to permit OC as well as CC.

    The CHL exemptions to the liquor permit premises statute are starting to get ridiculous: CC with a CHL=legal, OC=felony, even with a CHL,with mandatory prison time and mandatory no-drop or bargaining.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    WVCDL wrote:
    This bill should be amended to permit OC as well as CC.

    The CHL exemptions to the liquor permit premises statute are starting to get ridiculous: CC with a CHL=legal, OC=felony, even with a CHL,with mandatory prison time and mandatory no-drop or bargaining.
    Mate if you want you can go there in Tuesday refer the following



    New Mexico - [1/29/09] New Mexico Restaurant Carry Legislation

    HB 105 is up in House Business & Industry Committee next Tuesday at 1:30 in Room 309. Please contact the HB&IC members to make your voice heard. If you can afford time, please come to the Roundhouse and speak to House members in the hearing.
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    I have sent email to each Rep.

    Please vote in favor for HB 105. I understand why handguns are banned in bars. I do not understand why citizens that have had background checks and training to concealed carry are not allowed to carry their sidearm into eating establishments that derive more than 60% of their annual gross receipts from the sale of food.

    Most accidental discharges happen during gun cleaning or when drawing or holstering. Handling a gun is even more dangerous in a parking lot when trying to make sure that I draw from my holster safely and keep others from seeing that I am storing it in my vehicle. My sidearm is safest when it is in my holster and under my direct control. It is less likely to be stolen and much less likely to have an accidental discharge.

    Please support HB 105.


    I don't expect too much this time around with the current legislative makeup, but it doesn't hurt to let them know we care and we vote.

    mike

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    Trainer23 wrote:
    I have sent email to each Rep.

    Please vote in favor for HB 105. I understand why handguns are banned in bars. I do not understand why citizens that have had background checks and training to concealed carry are not allowed to carry their sidearm into eating establishments that derive more than 60% of their annual gross receipts from the sale of food.

    Most accidental discharges happen during gun cleaning or when drawing or holstering. Handling a gun is even more dangerous in a parking lot when trying to make sure that I draw from my holster safely and keep others from seeing that I am storing it in my vehicle. My sidearm is safest when it is in my holster and under my direct control. It is less likely to be stolen and much less likely to have an accidental discharge.

    Please support HB 105.


    I don't expect too much this time around with the current legislative makeup, but it doesn't hurt to let them know we care and we vote.

    mike
    Done

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    RogueAussie wrote:
    WVCDL wrote:
    This bill should be amended to permit OC as well as CC.

    The CHL exemptions to the liquor permit premises statute are starting to get ridiculous: CC with a CHL=legal, OC=felony, even with a CHL,with mandatory prison time and mandatory no-drop or bargaining.
    Mate if you want you can go there in Tuesday refer the following




    New Mexico - [1/29/09] New Mexico Restaurant Carry Legislation


    HB 105 is up in House Business & Industry Committee next Tuesday at 1:30 in Room 309. Please contact the HB&IC members to make your voice heard. If you can afford time, please come to the Roundhouse and speak to House members in the hearing.
    OK, I'll be the one her to ask the dumb question, butis ita FELONY to OC in Restaurant that serves Alcohol, or a liquor store, or both?

  10. #10
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    Recovering Californian wrote:
    RogueAussie wrote:
    WVCDL wrote:
    This bill should be amended to permit OC as well as CC.

    The CHL exemptions to the liquor permit premises statute are starting to get ridiculous: CC with a CHL=legal, OC=felony, even with a CHL,with mandatory prison time and mandatory no-drop or bargaining.
    Mate if you want you can go there in Tuesday refer the following





    New Mexico - [1/29/09] New Mexico Restaurant Carry Legislation



    HB 105 is up in House Business & Industry Committee next Tuesday at 1:30 in Room 309. Please contact the HB&IC members to make your voice heard. If you can afford time, please come to the Roundhouse and speak to House members in the hearing.
    OK, I'll be the one her to ask the dumb question, butis ita FELONY to OC in Restaurant that serves Alcohol, or a liquor store, or both?
    Yes can CCW in a liquor store but not in a restaurant and you can not open carry in either
    A gun Owner Is A Citizen
    Anyone Else is a Subject

  11. #11
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    Recovering Californian wrote:
    RogueAussie wrote:
    WVCDL wrote:
    This bill should be amended to permit OC as well as CC.

    The CHL exemptions to the liquor permit premises statute are starting to get ridiculous: CC with a CHL=legal, OC=felony, even with a CHL,with mandatory prison time and mandatory no-drop or bargaining.
    Mate if you want you can go there in Tuesday refer the following





    New Mexico - [1/29/09] New Mexico Restaurant Carry Legislation



    HB 105 is up in House Business & Industry Committee next Tuesday at 1:30 in Room 309. Please contact the HB&IC members to make your voice heard. If you can afford time, please come to the Roundhouse and speak to House members in the hearing.
    OK, I'll be the one her to ask the dumb question, butis ita FELONY to OC in Restaurant that serves Alcohol, or a liquor store, or both?
    It is currently a 4th degree felony for anyone to open carry or conceal carry in a restaurant that serves liquor....hopefully House Bill 105 will permit CCW. In stores that sell liquor for off premise comsumptionit is a 4th degree felony to open carry, but legal for CCW

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    Any News on this Bill?

    I did not find anything on the legislative site.

    http://www.nmlegis.gov/lcs/_session....05&year=09

    An administrator at DPS told me today that they think it passed. By "passed" I assume that means that it made it through the committee (House Business & Industry Committee.) Would still have to be voted on in both houses and the Senate may have some committees that it must go through B4 they vote.

    Mike

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    Trainer23 wrote:
    I have sent email to each Rep.

    Please vote in favor for HB 105. I understand why handguns are banned in bars. I do not understand why citizens that have had background checks and training to concealed carry are not allowed to carry their sidearm into eating establishments that derive more than 60% of their annual gross receipts from the sale of food.

    Most accidental discharges happen during gun cleaning or when drawing or holstering. Handling a gun is even more dangerous in a parking lot when trying to make sure that I draw from my holster safely and keep others from seeing that I am storing it in my vehicle. My sidearm is safest when it is in my holster and under my direct control. It is less likely to be stolen and much less likely to have an accidental discharge.

    Please support HB 105.


    I don't expect too much this time around with the current legislative makeup, but it doesn't hurt to let them know we care and we vote.

    mike
    Why is it you "understand why handguns are banned in bars"? If I am the designated driver, do I not still have the right to defend myself? I am not drinking, law says I can't. Why does my location have anything to do with it?

    -Space

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    Oh...and there is no such thing as an "accendental discharge". These ideas of ADs and bars and guns not mixing are only hurting our attempt at protecting our right to carry.

    -Space

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    Trainerperhaps you ought to come to Virginia to see how we free easterners manage to carry safely in both restaurants and bars with no incidents, OC-ing to boot!

    Good luck to you New Mexicans in getting your civil liberties back from your state!

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    SpaceCase, thanks for your comments. You are correct. We share a common concern, to move 2A rights forward. I believe that we can make incremental steps toward that end.

    My wording was meant to help get to the next step, to move this bill through committee. My choice of words may have been better. As you point out, there are certainly times when a designated driver or a bodyguard should be permitted to carry in a bar, or just our right to protect ourselves. Unfortunately, this will not be heard during this session. If we can get this bill passed, we can prove the safety of CHL’s in restaurants and move forward with bar carry in the future.

    As for the question of ND or AD, I did not want to emphasize to Legislators about to vote on this bill that some permit holders may be Negligent. I don't think our Legislators appreciate the difference at this point.


    I welcome your support to help HB105 and your comments on this forum. I hope we can all get together and get this Bill enacted into Law.




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    Passed Committee 11-0 now on way to House Judicary Committee

    See :
    http://www.nmlegis.gov/Sessions/09%2.../HB0105BI1.pdf

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    Cool beans!

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    Trainer23,

    I agree 100%. After reading many letters and emails posted on other forums that read like: "I currently have a choice between breaking the law or risking discharging my gun into a crowd while disarming" I was sensitive to the language used to communicate to our legislators. I wanted to point out that the law is already very clear on alcohol and firearms and we don't need the 60% distinction. I told this to our legislators as well, but I added that this was an important bill regardless.

    I agree with your assessment of "negligent" in the eyes of legislators. Too often I feel that we make ourselves look bad for the sake of being politically correct.

    Thank you for your level headed response. After rereading my posts, I should have included a smiley so as not to come off so aggressive


    -Space

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    SpaceCase, I have read your other posts and I know thatyou are dedicated and willing to help. Glad we are working together.

    I found the Fiscal Impact Report for this bill. It included info about preventing accidents. It also is favorable on budget, even saying that it may have a positive impact. http://www.nmlegis.gov/Sessions/09%2...irs/HB0105.pdf


    Space your profile does not say where you are from. Are you up here in Northern NM?

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    Trainer23,

    Not up north (although it would make it easier to attend committee meetings)! I live outside of Albuquerque.

    BTW, a new bill has been introduced in the senate to remove the 2 year refresher requirement for CCW. See post here:

    http://opencarry.mywowbb.com/forum39/21805.html

    -Space

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    Does anyone have a status on these two bills? The House bill for restaurant carry was passed, but is there a matching Senate bill to make this into law?

    The Senate bill to eliminate the 2 year refresher was also approved, but is there a House bill which is being considered so that this will happen?

    Hopefully there is someone out there more savvy on the legislation. I have searched and cannot find anything other than the original two that passed....but that is not enough to make them law.

    Hope these get done!!

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    I have lost my optimism. Just 2 weeks left and I can't find anything suggesting that the Senate is even considering this issue.


    Anyone have info to the contrary?



  24. #24
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    See "Please Help This Along" for Senate version SB608

    http://opencarry.mywowbb.com/forum39/22902.html

    There is still HOPE!:celebrate

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    The House passed a substitute HB 105 and the Senate passed SB 608 (passed 26-15), but when you go to the link for bills that have passed both houses

    http://www.nmlegis.gov/lcs/legRpt/legpassboth.aspx?year=09

    it is not shown there or in the list of bills signed by the Governor. I have written the sponsors of both bills and chairs of the committeres, but I wonder if anyone on here knows the actual current status. The bills were to become law on July 1, 2009 if passed by both houses and signed by the governor, but I am concerned since they are not shown on the website. Any news? The Albuq. Journal did not list a status on this legislation.

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