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Thread: 2010 Legislative Requests

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    Next long session is 2011. no chance on what you request/suggest to repeal in this state.

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    I do not understand why not, because New Mexico is Pro-Gun.

    You read New Mexico State Law about Firearms and everything is fine..., and then, bang!, 30-7-3!, instant 4th Degree Felony if you carry around Alcohol.

    Let me get this right...New Mexico Citizens are trusted in McDonalds, but not Pizza Hut?



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    Two ofthe legislators replied back to me after I asked their help in this session on two progun laws. They both said that there would be no time this year. They think the budget will get all the attention and we have to wait until 2011. Just not enough time this year....they will be passed

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    I've heard from a few senators that think they have a strong chance of getting SB-40 heard and voted on this session, but they agree it's going to be tougher than usual just because it's a short budget session.

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    Hopefully they will suceed in doing so.

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    aadvark wrote:
    I do not understand why not, because New Mexico is Pro-Gun.

    You read New Mexico State Law about Firearms and everything is fine..., and then, bang!, 30-7-3!, instant 4th Degree Felony if you carry around Alcohol.

    Let me get this right...New Mexico Citizens are trusted in McDonalds, but not Pizza Hut?

    It is crystal clear you have no understanding of what it takes to change a law. Please allow me to invite you to the Legislature in Santa Fe. we currently have one bill you have already noted - SB40, and it's sister in the House side by Rep. Heaton is HB83 - already assigned committees. Please join us in ANY of those committees or the Senate or House floor session to help promote these bills, see what we're up against and educate yourself on the process. Especially join us in the Senate Judiciary Committee.

    Oh, forgot to ask - you ARE a resident of New Mexico aren't you?

    When you post something requesting the legislature literally throw out all our firearms laws - even the ones that protect and give you privilages in the state - it's pretty hard to take you seriously.

    If you ever have a REALISTIC, common sense suggestion how we can make a positive change, let me know and I'll do everything within my control to help get that change. However, first, you must be a resident of the state and be willing to do your share of the work when asked.

    Havea great day.

    Steve Aikens

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    Steve makes some good points. I do not like the political process required to pass laws, but it is a necessary evil. Like Steve says, get involved! I have attended many hearings over the years to get CCW passed and have written dozens and dozens of letters to our NM legislators to urge them to pass laws that are kind to gun owners. If you are polite, informed and determined, they will hear you and assist all of us in getting laws passed. If every gun owner would write a letter to their representative we would get the laws passed we need.

    We are lucky to have someone like Steve working with the legislature on any gun related issue. If you do not know of him, I urge you to go to his website at http://www.nm-ccw.com . He is the founder and designer of www.handgunlaw.us which is probably the best summary of US gun laws ever compiled….and he is a NM resource. He is a NRA Certified, New Mexico Approved CCW Instructor….I just wish he was in Albuquerque! Take a look at his classroom on his website!

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    "I do not like the political process required to pass laws" -- snoball


    Neither do I: Trying to get a herd of people to agree on anything not only is incredibly time-consuming/frustrating, it almost alwaysproduces something weak/watered-down in the middle as a "compromise," which is one reason I'm a Monarchist -- a stroke of the pen and it's law. No muss, no fuss. ;-)

    -- John D.


    (formerly of Colorado Springs, CO)

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    What I'd like to see if possible that New Mexico would allow Non Citizens to get a NM CCW. I'm a permanent Resident I will not be able to get my Citizenship for about a year
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    http://www.santafenewmexican.com/Loc...-moves-forward

    Read the bill here: http://legis.state.nm.us/Sessions/10...ate/SB0040.pdf

    The next stop for restaurant carry legislation is the Senate Judiciary Committee. This is a very difficult committee for us. We really need help getting support for this bill. Please use the link below to find contact information for committee members to urge their support.

    http://legis.state.nm.us/lcs/committ...mitteeCode=SJC

    Specifically, the following Senators did not support this bill last year. Please contact them directly and ask them to support us now.

    McSorley, Richard Martinez, Michael Sanchez, Wirth. Senators Linda Lopez and Bernadette Sanchez were excused from the committee for that vote but would not have voted for the bill.

    A couple talking points you could use are:

    When we chose to dine at finer restaurants in NM today, we are required to disarm, lock our firearms in our vehicles and walk unprotected to and from the restaurant, stay unprotected in that restaurant and hope that our firearm hasn't been stolen from our vehicle when we return. We are left without the right of personal protection in those establishments. We are currently denied that right because someone else in those establishments might be drinking a beer. As history has shown, there have been numerous attacks on business owners, employees and patrons of restaurants over the years. Allowing New Mexican Concealed Carry Licensees to carry their firearms in these establishments is a deterrent in itself.

    Since the Florida Concealed Carry Legislation was adopted in 1987 - Florida is the first state to allow concealed carry, 47 other states have now adopted similar legislation - no concealed carry license holder has been charged with any firearm related charge in a restaurant in any state. Concealed carry license holders are not the problem - criminals are the problem.

    Of the 48 states that license for concealed carry in the U.S., only 7 states currently prohibit licensees to carry in restaurants - NM, LA, SC, NC, OH, MT, ND. If this bill passes, there will only be 6 states. Ohio has filed House Bill 203 to remove that restriction from their state law as well.

    Please make calls and send email to ask for support. Please forward this email to your friends and ask them to do the same.

    Thanks.

    --
    Steve Aikens, Clovis, NM

    http://www.handgunlaw.us
    http://www.nm-ccw.com
    NRA Training Counselor
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    Steve- thanks for the time you take in Santa Fe to testify (and close your businesss to do it).

    I just sent an e-mail to the Senators that did not vote for it last time.

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    "When we chose to dine at finer restaurants in NM today, we are required to disarm, lock our firearms in our vehicles and walk unprotected to and from the restaurant, stay unprotected in that restaurant..." -- steveaikens

    It's another Luby's (Killeen) "shooting rampage" incident waiting to happen...and consequently, another Suzanna Gratia Hupp story to come. Then another after that.

    The owner of Lubys -- and the state of Texas -- should have been sued at the very least for criminal negligence/wrongful death, for allowing this to happen asthey denied people the right to protect themselves yet at the same time provided no armed security inside the building to protect customers (or extend that concept to schools/students and workplaces/employees -- same thing). This happens over and over again yet there are no lawsuits, not even attemptsat bringing suit.

    If someone can slip on your sidewalk at home, get hurt/break their neck and get killedand may bring suit for that (becausethe property/homeowner was "responsible" for the outcome), then why are businesses/schools and the state NOT likewiseresponsible? It's either justice for all or justice for none.

    So Lubys (and MacDonalds, Columbine, etc.) is probably going to happen again...more people are going to die in some restuarant, school or retail business/corporate office, yet nothing changes. Businesses/schools/the statehave no "incentive"to do anything (doing the RIGHT thing is not enough, they have to be FORCED) because nothing happens to themfor being criminally negligentand/ordenying people their right TO LIVE! There are no consequences for them being irresponsible.

    IMO, that's criminal behavior on the part of businesses, schoolsAND the state.

    -- John D.


    (formerly of Colorado Springs, CO)

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    Mr. Steve Aikens,

    Thank you again for your continued support of Firearm Rights throughout New Mexico, and throughout the rest of The United States of America.

    Forgive my unintelligent, and uninformed, comments concerning New Mexico Firearm and Explosive Law. The post, so cited, will be promptly removed. My comments in the previous post were uncalled for, and prove that I have no real understanding of New Mexican Law.

    I do not, as you have alreadly suggested, live in New Mexico. Moreover, my Permit is not honored in New Mexico. Should I ever come to New Mexico, without any reciprocital agreement in place between my State and yours, I would have to Open Carry my Firearm..., orkeep it [concealed]in my Vehicle.

    However, I was a little taken by surprise of New Mexico Law concerning Firearms and Alcohol, more specifically New Mexico Statute 30-7-3.

    As is most probably obvious to you, and others by now, I live in a State that no longer regulates Firearm Carry in Restaurants that serve Alcohol, nor regulates Firearm Carry in any bona-fideLicquor Store Establishments. Nevertheless, establishments that derive more than 50% of their gross-annual income from the sell of Alcohol for consumption on-premesis are still off-limits, however. This only encompasses Bars though, and does not effect any other said Establishment, less Private Property'Policies' that may be in place.

    Regardless of what others may think, I stand by my comment on the most recent post concerning being trusted in McDonald's, but not Pizza Hut. To me..., that is an insult to us all, regardless if we live in New Mexico or not. Law-abiding Adult Citizens who are Americans should be trusted.

    Maybe you may be able to help me better understand the finer details of New Mexican Politics in the near future. I look forward to any returned correspondence about this matter on this Post as it pertains to Firearm Law in New Mexico.

    Thank you again,

    Aadvark

    P.S.- I have two questions concerning New Mexico State Firearm Law. What New Mexico State Law bars Carry [whether Openly or Concealed] into State Public Buildings? Furthermore, does this, if any, prohibition apply to ALL Public Buildings (State, County, Local, City)thoroughout The State of New Mexcio?



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    aardvark,

    IIRC there is no law that State Buildings are off limits.

    -Space

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    SpaceCase wrote:
    aardvark,

    IIRC there is no law that State Buildings are off limits.

    -Space
    That is correct.

    The NM DPS website FAQ states they are but that information in not correct. I simply haven't had time to contact them to get it corrected.

    If it is legal to carry in the NM Legislature [it is]- that's the Roundhouse that houses the Governers office - then it is legal in any State Building that is not individually posted or otherwise prohibited - like a courthouse.


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    I finally had a chance to reach the DPS CCU regarding the stated prohibition in State buildings.

    The web master will be contacted ASAP and have that information removed from the FAQ page on their site.

    --

    Steve Aikens

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    RogueAussie wrote:
    What I'd like to see if possible that New Mexico would allow Non Citizens to get a NM CCW. I'm a permanent Resident I will not be able to get my Citizenship for about a year
    you could get an out of state permit that is recognized in NM. Also, they can not deny you based on alienage. This has been dealt with many times. Grahm v Richardson is the controlling SCOTUS decision. Strict scrutiny must be used when dealing with classifications of people. Kentucky was ordered by a federal court to issue to non citizens in the Says case.

    The citizenship requirement was probably put into to CHL law in New Mexico to satisfy a few bigots in the legislature in order to get it to pass. Since the Richardson case, no gun laws that barred non citizens have been upheld in federal court when challenged.

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    Jared wrote:
    The citizenship requirement was probably put into to CHL law in New Mexico to satisfy a few bigots in the legislature in order to get it to pass.


    Jared. I take great offense to your statement labeling those of us that worked our asses off for YEARS to finally pass a concealed carry law in New Mexico bigots.

    The ignorance of such statements castinginflammatory labelsagainst us speaks volumesof your character.

    Steve Aikens


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    If a "bigot" means one who is tired of (and pissed-off about) the millions of illegals here in America -- and one who believes that non-citizens should NOT haveanywhere near the rights American citizens do --then call me a bigot, too.

    I certainly appreciate NM's gun laws. Even if they need some improvement (i.e., WHERE you can carry -- too many off-limits places -- "the state" should either TRUST its CC people or not) since here in TX we don't have OC...sowhen I visit relatives in Rio Rancho, NM, at least I can freely and legally OC if I choose to do so. Choice (and OC WITHOUT A PERMIT is nice.

    Back when CC was pased in NM, I was a bit surprised in that NM is supposed to be largely Democratic, so I would have thought passing ANY pro-gun "conservative" legislation would have been unlikely. But it happened...which is great!

    Hope repressive Hawaii can do it, too...

    -- John D.
    (formerly of Colorado Springs, CO)

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    steveaikens wrote:
    Jared wrote:
    The citizenship requirement was probably put into to CHL law in New Mexico to satisfy a few bigots in the legislature in order to get it to pass.


    Jared. I take great offense to your statement labeling those of us that worked our asses off for YEARS to finally pass a concealed carry law in New Mexico bigots.

    The ignorance of such statements castingÂ*inflammatory labelsÂ*against us speaks volumesÂ*of your character.

    Steve Aikens

    Steve, quit being sensitive and please don't twist my words. I said that I'm sure there were a few bigots in the legislature that insisted on the citizenship requirement. How could I make "inflammatory" statements against you as you do not serve in the assembly.

    You are obviously ignorant about the case law I just cited to you. Please actually read up on the case law before you twist my words. Sorry but they are bigots if they insisted on that requirement.


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    cloudcroft,

    Umm, I was simply citing case law and the intent of the 14th amendment according to the author of the 14th amedment. Sorry, but that takes precedent ( as well as SCOTUS) over whatever you think about citizens or non citizens, your opinion is irrelevant unless you can somehow show that your opinon is more important than those of the Supreme Court or those of the author of a constitutional amendment.

    It's not a suprise, while Steve may not like any dissent or feedback, he does do a good job and he did save the New Mexico RKBA provision when they rewrote the state constitution it doesn't chance the fact on the case law I quoted. I don't care if I offend a few corrupt bigots who (now pay attention Steve) sit in the New Mexico legislature.

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    Jared,

    Thanks, but I don't need to "show" you or anyone else anything, as I was just stating my opinion (besides, my opinion is never irrelevant). So, I have no legal "citations" to offer (nor have I looked for any)...I will leave that to you...or Steve. ;-)

    I won't comment on the SCOTUS except to sayI have zero respect for it, partly because too many unconstitutional laws exist in this country yet are never challenged. Consequently, the court's credibility (with me) is zero. I don't care what it "decides," unless it decides the right thing. Or affirms our unalienable rights. The cowards hardly ever do either.

    Maybe we need a NEWhighercourt to "decide" the SCOTUS, as it performs nowadays, is itself unconstitutional and therefore illegal -- and ordered dissolved. ;-)

    -- John D.

    (formerly of Colorado Springs, CO)

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    cloudcroft wrote:
    If a "bigot" means one who is tired of (and pissed-off about) the millions of illegals here in America -- and one who believes that non-citizens should NOT haveÂ*anywhere near the rights American citizens do --Â*then call me a bigot, too.
    So you support disarming a permanent resident alien, a person that legally goes through very extensive background checks in order to even live here legally?

    You support disarming them even though if they commit a crime they can have their residency stripped and deported out of this country, when a natural born US citizen can generally commit any number of non-domestic violence misdemeanors with impunity, and still be able to be to own guns?

    Most of the permanent resident aliens I know, know more about the constitution and it's legal structure, than every class of individual I can think of, short of politically active gun owners. Most of the permanently resident aliens I know are from countries that banned guns entirely. In fact, a few of those folks works in gun shops, which is why they had to file suit against the State of Washington for refusing to process specific alien firearms licenses because they couldn't do an FBI background check due to their own policy, and basically told permanent resident alien gun owners "Too bad, so sad, disarm or be felons".

    I had to deal with gun owning US citizens here in Washington State who was married to a permanent resident alien, and when they couldn't get an AFL, the US citizen had to sell their guns for fear that they ones that they loved may be sent to prison by the State of Washington, then deported. Do you think they should be disarmed?

    Would you disarm OCDO member Manu, who has graciously hosted many of our Seattle area OCDO meets, who gladly welcomes open carriers into his restaurant, with a sign that encourages gun owners to carry there? He's more of a patriot for this country than most natural born US citizens than I've met outside of the gun rights and general civil rights movements, and he was born in INDIA!

    Would you have disarmed Oleg Volk, one of the gun rights movement's leading supplier of pro-gun imagery, for the years he was a permanent resident alien but not a US citizen yet?

    Your desire to disarm those who comply with our laws when they come here, who do so legally and refuse to "jump the fence", absolutely astonishes me as a gun rights activist. They are not allowed the ability to vote, or to hold public office, or be in certain professions of public trust (police officers), which to me are very big restrictions on their civil liberties.

    As many people here are fond of saying: "The right to keep and bear arms protects a pre-existing god given right innate to all people". Unless they are committing a crime by their very presence in this country, I don't understand the animus, which seems to center purely on animus against illegals and seemingly spilling over to those who follow our laws?

    You should think about the consequences of the nation that you seek, and how it effects people, before you pretty much write off an entire class of people, based on an unrelated animus against a class of people who violate our laws.

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    ...then stay tuned, you'll continue be "astonished."

    -- John D.
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