URGENT ALERT! Legislative Help SB 26 - Repeal SB 26 Repeals Section 30-7-9

HEARING TODAY!!!!

SB 26 Repeals NMSA 30-7-9 which LIMITS out of state firearms purchases to contigeous states only. This bring NM into compliance with Federal Law only and removes the contigeous state restriction.

Please contact committee members to show support for this bill.

Here are the committee members you should contact:

http://www.nmlegis.gov/lcs/committeedisplay.aspx?CommitteeCode=SPAC

Senator Dede Feldman Chair
Senator Tim Eichenberg Vice Chair
Senator Vernon D. Asbill Member
Senator Mark Boitano Member
Senator Lisa K. Curtis Member
Senator Mary Jane M. Garcia Member
Senator Eric G. Griego Member
Senator Cynthia Nava Member

Senator Payne decided to hold the bill over. Senator Boitano was not in committee.

This is a particularly difficult committee for us. Please contact Senators Nava, Eichenberg and Griego [contact information above] and ask them to support this common sense bill. Repealling NMSA 30-7-9 means we are not restricted to only buying long guns from contiguous states - ie, Tx, Ok, CO, AZ, UT - and can, for example buy a rifle in WY, MT, FL - whereever we choose.

This bill is similar to HB 148 that Rep. Rehm carried for us last year.

Steve Aikens

We got out of SPAC 5-1 with all voting for the bill except Dede Feldman - no surprise there.

OK I may be dumb but what does this bill mean in my way of thinking does it mean if I buy a rifle in say Denver on the net does it mean I do not need to go thru a FFL ?????????????????????????

RogueAussie said:

OK I may be dumb but what does this bill mean in my way of thinking does it mean if I buy a rifle in say Denver on the net does it mean I do not need to go thru a FFL ?????????????????????????

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Let me briefly explain the law. In 1968, the U.S. Congress passed the Gun Control Act of 1968. Among other things, it required that people must purchase a firearm from their state of residence only. It contained an exception that would allow a person to purchase a long gun in a contiguous state if, and only if, both states specifically authorized it. Hence, many states copied the federal law with their own version that said something to the effect of: "residents of this state must purchase all firearms in this state; non-residents are prohibited from purchasing firearms here; as an exception, residents of this state may purchase long guns in contiguous states that permit it, and residents of contiguous states that permit the practice may purchase long guns here." In 1986, the U.S. Congress passed the Firearm Owners Protection Act. Among other things, it allowed a person to purchase a long gun in any state as long as neither state specifically objected. Unfortunately, many states did not update their laws to reflect this change and are consequently considered to be "specifically objecting". Therefore, a person from Tennessee can now buy a long gun in most states. However, since New Mexico has not yet updated their law, Tenessee residents still cannot purchase long guns there; and NM residents still cannot purchase long guns in TN.

To answer your question, it changes nothing but the states from which you can buy a firearm. Any sale from a licensed dealer or any sale from a private seller who is a resident of another state still has to go through an FFL and the associated background check. I should note that, unless NM's law prohibits it, you can right now buy from a NM resident private seller and not be legally required to go though the background check.

Nascar24Glock said:

Let me briefly explain the law. In 1968, the U.S. Congress passed the Gun Control Act of 1968. Among other things, it required that people must purchase a firearm from their state of residence only. It contained an exception that would allow a person to purchase a long gun in a contiguous state if, and only if, both states specifically authorized it. Hence, many states copied the federal law with their own version that said something to the effect of: "residents of this state must purchase all firearms in this state; non-residents are prohibited from purchasing firearms here; as an exception, residents of this state may purchase long guns in contiguous states that permit it, and residents of contiguous states that permit the practice may purchase long guns here." In 1986, the U.S. Congress passed the Firearm Owners Protection Act. Among other things, it allowed a person to purchase a long gun in any state as long as neither state specifically objected. Unfortunately, many states did not update their laws to reflect this change and are consequently considered to be "specifically objecting". Therefore, a person from Tennessee can now buy a long gun in most states. However, since New Mexico has not yet updated their law, Tenessee residents still cannot purchase long guns there; and NM residents still cannot purchase long guns in TN.

To answer your question, it changes nothing but the states from which you can buy a firearm. Any sale from a licensed dealer or any sale from a private seller who is a resident of another state still has to go through an FFL and the associated background check. I should note that, unless NM's law prohibits it, you can right now buy from a NM resident private seller and not be legally required to go though the background check.

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OK thanks

Senate Bill 26 by Sen. Bill Payne (R-Albuquerque), NRA & NMSSA-supported legislation that would allow New Mexico residents to purchase long guns in non-contiguous states and residents of non-contiguous states to purchase long guns in New Mexico, received a do pass recommendation in the Senate Public Affairs Committee yesterday. Voting for the motion were Senators Asbill, Boitano, Curtis, Eichenberg and Nava; only Senator Feldman opposed the motion. Secretary of the Department of Public Safety Gordon Eden testified for the bill and Attorney General Gary King submitted a letter in support of the measure. Please be sure to thank those committee members who voted for SB 26 - contact information can be found here http://www.nmlegis.gov/lcs/committeedisplay.aspx?CommitteeCode=SPAC

The bill now moves to the Senate Judiciary Committee for consideration. Please contact those committee members and urge them to support SB 26. Contact information can be found here:
http://www.nmlegis.gov/lcs/committeedisplay.aspx?CommitteeCode=SJC=

Steve Aikens

Nascar24Glock said:

Any sale from a licensed dealer or any sale from a private seller who is a resident of another state still has to go through an FFL and the associated background check. I should note that, unless NM's law prohibits it, you can right now buy from a NM resident private seller and not be legally required to go though the background check.

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As long as I have anything to do with it, there will not be any successful legislation in NM that would prohibit any individual from either buying or selling a firearm to another individual - and as long as neither is an FFL holder, there will be no requirement at the state level that requires a background check for non-FFL purchases.

Steve Aikens

SB 26 Moves On To Senate Floor

Good news!

Senate Bill 26, sponsored by State Senator Bill Payne (R-Albuquerque), received a “do pass” recommendation in the Senate Judiciary Committee on Saturday afternoon with only one dissenting vote. The measure now moves to the Senate floor for consideration. Please call your State Senators and urge them to support SB 26! Contact information for State Senators can be found at http://www.nmlegis.gov/lcs/leg.aspx?T=S. Special thanks go out to Paul Lisle and Ben Berg, who traveled to Santa Fe to attend the hearing on behalf of NMSSA, to Attorney General Gary King (D) for sending a representative from his office to testify in support of the bill, and to DPS Secretary Gordon Eden & SID Director Bill Hubbard for voicing their agency's backing of the measure.

This NRA and NMSSA-supported legislation would allow New Mexico residents to purchase long guns in non-contiguous states, and residents of non-contiguous states to purchase long guns in New Mexico. Some confusion has arisen over SB 26 and its companion bill in the House, HB 32 by State Representative Bill Rehm (R-ABQ). The intent and effect of these measures is to clean up New Mexico's criminal code by removing provisions that became obsolete with the passage of the federal Firearms Owners' Protection Act (FOPA) in 1986.

Originally, the federal Gun Control Act of 1965 banned interstate sales of firearms but contained an exception for long gun transactions occurring between federally licensed dealers (FFLs) and residents of contiguous states. Such sales could occur only if “the purchaser’s State of residence permit[ted] such sale or delivery by law.” Thus, states then passed provisions such as NMSA Section 30-7-9 specifically allowing their residents to buy long guns from FFLs in contiguous states.

FOPA, however, removed both the contiguous states limitation and the requirement that the purchaser’s state of residence specifically authorize the purchase. Now, interstate sales of rifles and shotguns can occur between FFLs and residents of any state, as long as “the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.”

Some states which had passed enabling provisions similar to NMSA Section 30-7-9 have not revised their statutes to reflect this change in federal law. This has caused confusion among FFLs who interpret "contiguous state" provisions as prohibiting long gun sales to residents of noncontiguous states. What used to be viewed as "permissive" in the context of the federal GCA is now viewed as "restrictive" under FOPA.

To eliminate this confusion, the best course of action is to repeal the antiquated provisions of NMSA Section 30-7-9 which conflict with federal law. That is what SB 26 and HB 32 would accomplish if enacted into law.

Steve Aikens

SB 26 is the second item on the Senate Floor today. Go here http://www.nmlegis.gov/lcs/webcast/senate_video.aspx to watch the fun.

Session starts at 10:30 ish.

Steve Aikens

Passed. 37-0.

Steve Aikens

Passed HCPAC 5-0.

Even Chair Gail Chasey voted for this bill.

Her email address is gailchasey@msn.com - it would be a good thing to send her an email thank you for allowing SB 26 to be heard in a timely manner to allow it to move through the House, and for her vote.

Passed Judiciary last night. Was read in on the House Floor a couple minutes ago.

We have the votes for this on the floor.

Unfortunately, this is the only legislation that has any chance this session.

Thanks for the updates, Steve, and all the hard work. It's truly appreciated.

You're welcome.

Steve Aikens

Steve- thanks for all the work you do that benefits all the gun owners. I know it is thankless work, but please realize that people care about all your contributions.

SB 26 is on it's way to the Gov. It passed the House Floor vote 61-6.

Just a quick note. I'm just a member of the team working on firearms legislation here in NM. The team is Tara Mica from NRA-ILA, Joe Thompson is the NMSSA lobbyest and me. We work together every session. This session, it's been Tara and Joe mostly because I've been tied up with work commitments here this year. They've been on the inside, I've been working on getting support from the outside this year. They deserve the credit for this years work.

Steve Aikens.

Say Thank You

Governor Susana Martinez signed Senate Bill 26, the NRA- & NMSSA-backed interstate long gun purchase bill, late yesterday. Please take a moment to thank her for messaging the bill during the 30-day session and for signing it into law. The Act will take effect on July 1. You can send an email comment to the Governor by clicking on the website below or by calling (505) 476-2200 and leaving a message. Thank you!

http://www.governor.state.nm.us/Contact_the_Governor.aspx=

Steve Aikens