HB0077
The bill is linked above.
The house judiciarry committee is linked below:
New Mexico Legislature
My letter to my rep who's on the HJC:
Representative _______________________,
I am in your district and would like for you to vote in opposition to HB77, this bill introduced is sloppy at best and far exceeds even federal requirements that the licensed firearm dealers must comply with.
Specifically, the DPS does not need to know the make and model of the firearm being transferred. A licensed firearm dealer (FFL) only provides to the BATFE the type, action and caliber. For example; Handgun, Semi-automatic 9mm. The BATFE does not have the right to the make, model or serial number and neither should DPS. The dealer is then required by BATFE to maintain records. This bill aims to mandate private seller’s maintain records for five years AND make them available to law enforcement with no specified time to comply with the request.
This bill aims to empower DPS to maintain these records for a period of FIVE years effectively creating a 5 year history approaching "firearm registration". Further, I see no mention as to whether this information will be public. Other issues with this bill are:
DPS shall make a determination of eligibility within 30 minutes and if it cannot be completed within 30 minutes they shall advise the seller of a time table (section 4E). With due respect to NMDPS I am confident that they will work to expedite these "transfer requests" however, even the federal government mandates that a decision be made within 3 days or the transfer immediately proceeds.
Having no timetable for completion of a transfer request in my opinion constitutes infringement in direct violation of our state constitution as DPS is under no definite timeline to process the background check which, if unchecked could result in the loss of private transfers altogether. Many of our state citizens buy on the private market because retail prices are too high, or they trade other products of value for a firearm because it is the only way they can afford to arm and protect themselves.
Firearm is defined loosely relating to section 2A. This bill essentially allows private sale of handguns to those 18 years of age or older. New Mexico state law does not allow a person under the age of 19 to possess a handgun, except for in limited circumstances. Federal law only addresses the age of 21 for handguns from a licensed dealer.
This bill is little more than a knee jerk response to tragedies in other states. Please keep these details in mind when voting on this bill.
Respectfully,
The bill is linked above.
The house judiciarry committee is linked below:
New Mexico Legislature
My letter to my rep who's on the HJC:
Representative _______________________,
I am in your district and would like for you to vote in opposition to HB77, this bill introduced is sloppy at best and far exceeds even federal requirements that the licensed firearm dealers must comply with.
Specifically, the DPS does not need to know the make and model of the firearm being transferred. A licensed firearm dealer (FFL) only provides to the BATFE the type, action and caliber. For example; Handgun, Semi-automatic 9mm. The BATFE does not have the right to the make, model or serial number and neither should DPS. The dealer is then required by BATFE to maintain records. This bill aims to mandate private seller’s maintain records for five years AND make them available to law enforcement with no specified time to comply with the request.
This bill aims to empower DPS to maintain these records for a period of FIVE years effectively creating a 5 year history approaching "firearm registration". Further, I see no mention as to whether this information will be public. Other issues with this bill are:
DPS shall make a determination of eligibility within 30 minutes and if it cannot be completed within 30 minutes they shall advise the seller of a time table (section 4E). With due respect to NMDPS I am confident that they will work to expedite these "transfer requests" however, even the federal government mandates that a decision be made within 3 days or the transfer immediately proceeds.
Having no timetable for completion of a transfer request in my opinion constitutes infringement in direct violation of our state constitution as DPS is under no definite timeline to process the background check which, if unchecked could result in the loss of private transfers altogether. Many of our state citizens buy on the private market because retail prices are too high, or they trade other products of value for a firearm because it is the only way they can afford to arm and protect themselves.
Firearm is defined loosely relating to section 2A. This bill essentially allows private sale of handguns to those 18 years of age or older. New Mexico state law does not allow a person under the age of 19 to possess a handgun, except for in limited circumstances. Federal law only addresses the age of 21 for handguns from a licensed dealer.
This bill is little more than a knee jerk response to tragedies in other states. Please keep these details in mind when voting on this bill.
Respectfully,
