ATTN: N.M. MEMBERS: Pro-Gun Bill Pre-Filed in New Mexico for 2010 Session!

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This bill made it almost all the way, last year. STAY ON YOUR LEGISLATORS to make sure it makes it ALL THE WAY this year! It is an important expansion of CCW rights in New Mexico.



Pro-Gun Bill Pre-Filed in New Mexico for 2010 Session!


Please Contact your State Legislators!

State Senator George Munoz (D-4) has pre-filed NRA-supported legislation for the 2010 thirty-day session of the New Mexico Legislature. Senate Bill 40 would allow concealed handgun licensees to lawfully carry handguns for self-defense in certain establishments that serve alcohol for consumption on the premises. Governor Bill Richardson (D) has agreed to message the bill, which will make it eligible for consideration during what is primarily a budget-only session.

During the 2009 Regular Session, the House approved similar legislation - House Bill 105 sponsored by State Representative Heaton (D-55) - on a 49 to 13 vote. That measure failed to receive final consideration in a Senate Committee. The Senate companion to that bill, Senate Bill 608 sponsored by Senator Munoz, was approved by the Senate and two House committees, but failed to reach a full House vote before the Legislature adjourned sine die. The pre-filed language of SB 40 tracks the version of the 2009 Senate bill as it was negotiated and reported out by both the House Judiciary and Business & Industry Committees, and the version of the 2009 House bill that was overwhelmingly approved by House members. The high points of the legislation are as follows:

* <LI class=MsoNormal style="COLOR: black; tab-stops: list .5in">Lifts the prohibition on carrying a firearm in a licensed liquor establishment for concealed handgun licensees IF the restaurant is licensed to serve beer and wine only, and derives no less than 60 percent of its annual gross receipts from the consumption of food. <LI class=MsoNormal style="COLOR: black; tab-stops: list .5in">Owners of such establishments may post them off-limits to license holders or may verbally instruct any license holder to leave the premises.
* Current ban on carrying a firearm while under the influence of an intoxicant remains in place and continues to apply to licensees.

SB 40 is a step in the right direction for concealed handgun licensees in New Mexico, which would join 40 other states that allow some form of carrying of firearms for personal protection in establishments that sell and serve alcohol.

Please contact your State Senators and State Representatives and urge them to co-sponsor SB 40. Legislators can sign onto the measure in the Clerk's office at the capitol in Santa Fe up until 5pm on Friday, January 15th. Contact information for your state lawmakers can be found by visiting http://www.nmlegis.gov/lcs/legislatorsearch.aspx.

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That is a very good start for 2010. We need that legislation to pass this year. Without your help, New Mexico will never get a law to protect citizens defending their homes and families. Please contact your NM legislators for help in passing both a Castle Doctrine bill and the concealed carry in restaurant bill.

In addition to the concealed carry in restaurants, we also need to get Castle Doctrine passed. I had a lengthy letter to the editor published in the Albuquerque Journal on November 8, 2009.

In January, 2007, State Representative John Heaton introduced House Bill163. Shannon Robinson introduced a similar Senate Bill 39. Both can be considered "Castle Doctrine"/self-defense statute reform legislation which would have amended current New Mexico laws to expand upon the type of justifiable force allowable under prescribed circumstances to include the use of force, including deadly force. These bills were modeled on Florida's landmark law, creating presumptions of reasonableness for the use of defensive force in or around your home or occupied vehicle; codifying that you have "no duty to retreat" from a violent attack if you're in a place where you have a right to be, if you're not the initial aggressor, and if you're not engaged in criminal activity yourself; and establishing additional protections from civil liability if you lawfully protect yourself or your family.



On November 5, 2009, the Albuquerque Journal front page gave the good news that “Magistrate Judge Danny Hawkes abruptly dismissed all charges against Luke Sanchez, 38, of Los Chavez during a preliminary hearing after finding there was no probable cause to bind him over for trial.”[/i] Unfortunately, with New Mexico’s current laws, he was arrested and charged with murder for defending himself earlier this year. Since that time another soldier (Richard Baca of Las Vegas) is facing voluntary manslaughter charges following the shooting of Benito Lemos after Lemos assaulted Baca on November 9, 2009. ]Please try once again to pass a Castle Doctrine Law in New Mexico. I thank you for your past efforts.



In addition, House Bill 105 was unanimously approved February 3, 2008, but time ran out during the session. This bill was sponsored by State Representative John Heaton and would permit Concealed Handgun Licensees to protect themselves in establishmentsthat 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.Currently, concealed carry permit holdersdining in restaurants that serve alcoholmust leave their firearm at home orlocked in their vehicle, where it isat risk of being stolen.Despite passing a background check and possessing a state issued permit to carry, law-abiding permit holders are forced to give up their right to self-defense whendining in establishments that serve alcohol. The need for this legislation is clear.



Please call, write or e-mail any NM legislator to get help in passing these very important bills for citizens. I have written all my legislators each year and the Albuquerque Journal.

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At this time, we have two bills filed, SB40 in the Senate, HB83 in the House that are alcohol bills.

I have again requested Sen. Ingle file the bill to revise the refresher course bill that also failed the be heard on the house floor in 2009. That bill is being drafted.

These bills have been messaged into this session by the Governors Office. You have to understand this is a short fiscal session. Under normal circumstances, only the fiscal business of the state can be heard during short - even year sessions. Long - odd year sessions are when "all other" business of the state is heard.

Generally speaking, firearms legislation can only be introduced during long - odd year sessions. For a variety of reasons too lengthy to type here, we did not attempt to work on a "castle" bill in 2009. That doesn't mean we have dropped it. We are, and have been, in discussion with legislators regarding the elements of a "castle" bill and are working to introduce such a bill in 2011. Our goal is to pass a bill that is substantially similar to SB39, introduced by Sen. Shannon Robinson in 2007.

http://legis.state.nm.us/Sessions/07%20Regular/bills/senate/SB0039.pdf

Unfortunately, modifying state law is a lengthy process. When you consider firearms related legislation, there are public safety and liability concerns that must be addressed. Though I clearly do not agree with some of our legislators regarding firearms law, I do understand that they are generally doing what they believe to be acting in the best interest of their constituent base.

Steve Aikens

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I looked over the proposed bill (SB40), but am baffled by one thing. Why the limit to "a restaurant licensed to sell only beer and wine"? So I can't go in to an Applebee's or Chili's, or just about any mexican restaurant that serves a margarita? This bill gets me what -- Pizza Hut? Even italian restaurants like Olive Garden do "specialty drinks" which have liquor in them.

I don't understand ... why go through the effort to push this bill through when it seems to hardly give us anything. Does anyone have stats on just how many restaurants sell ONLY beer and wine versus the total number of restaurants that sell any form of alcohol but still gross less that 60% from alcohol sales?

This bill seems to me to only increase the chances that an honest citizen will make the mistake of walking into a restaurant he thinks only sells beer and wine but then finds an irish coffee on the drinks menu. Then he either has to cancel his order and walk out, or leave the table to go to his car to disarm, or decide to continue to break the law this time and resolve never to visit that restaurant (armed) again.

Why the limit to beer and wine ONLY? Please take the time to educate me.

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[align=left]I'll try.[/align]



[align=left]During the 2009 Regular Session, the House approvedlegislation similar to SB 40 – HB 105 by Rep. Heaton – on a 49-13 vote. That measure failed to receive final consideration in a Senate Committee. The Senate companion to that bill, SB 608 introduced by Sen Munoz, was approved by the Senate and two House committees, but failed to be voted on by the full House before the Legislature adjourned sine die.

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[align=left]Both the 2009 measures aimed to repeal the ban on carrying firearms by concealed handgun licensees in restaurants serving alcohol, but the approaches varied, from targeting all licensed liquor establishments to focusing only on those with a larger percentage of food sales. Questions raised during committee hearings on the bills included how to distinguish between full dispenser licensees who are treated the same under licensing laws, but who operate much differently (restaurants serving liquor that make more money from food sales, versus bars or nightclubs). There were also concerns about imposing additional audit requirements on the Regulation & Licensing Department to determine the portion of gross receipts derived from food or alcohol sales. To address these issues, the bills were amended several times during the legislative process. SB 40 is the final result of those amendments from the 2009 session, simply re-introduced in 2010. We feel we have the best chance of getting the bill passed by not making any changes from what already passed the committees in 2009. I just got off the phone with Sen. Munoz and we DO still face a challange in the Senate Judiciary committee. Last year we squeaked through by a 5-4 vote because there were 2 committee members not present to vote. Attempting to make any changes at all could be the end of this bill.[/align]



[align=left]In the state of New Mexico, there are 800 full alcohol licensees and 593 beer and wine licensees. Firearms legislation is difficult to pass in New Mexico. If we can pass SB 40 and get it signed into law, if there are no issues once that law becomes effective July 1st 2010, perhaps we can address extending the same privilege to full alcohol licensees in the future. Often we have to take small steps at a time to achieve our goals.[/align]



[align=left]Thanks for your interest.[/align]One last note: if you would like to find out just how many beer and wine licensees there are in your area, go to : http://164.64.87.25/MyLicenseVerification/Search.aspx?facility=Y Under the Profession drop-down select Liquor Control. Under the License Type drop-down select Restaurant. Under the LicenseStatus drop-down select Active. On the right, enter your city and click on search.





[align=left]Steve Aikens[/align]

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Steve,

Thanks so much. I think I understand now. And that license link is going to come in very handy, especially if SB40 gets through.

Again, thank you for taking the time to educate me.

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Any time.

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I looked on the OC website but didn't see where types of memberships are listed (regular, activist, founder's club, campaign, centurion, etc.) and whateach onemeans.

Sowhat is an "Opt-Out" member?

-- John D.

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cloudcroft wrote:

Sowhat is an "Opt-Out" member?

-- John D.

Click to expand...

I don't know John, but I'm happy I am one.....<G>

Steve Aikens