Thursday, March 8, 2012

New Mexico Gun Rights Advance



Yesterday, Governor Susana Martinez signed Senate Bill 26 into law. This NRA-supported legislation, sponsored by state Senator Bill Payne (R-ABQ) and state Representative Bill Rehm (R-ABQ), repeals Section 30-7-9 of the New Mexico Criminal Code. This code section limited the purchase of rifles and shotguns by New Mexico residents to their home state and contiguous states. Repeal of this law eliminates this restrictive language and will enable law-abiding New Mexicans to purchase long guns in any state, including non-contiguous states, and residents of any state, including non-contiguous states, to purchase long guns in New Mexico. This Act takes effect on July 1.

Is this anything more than a minor victory for the gun-rights folks? Or will this seriously increase the misuse and wrongdoing that's already going on?

What's your opinion? Please leave a comment.

8 comments:

  1. Senate Bill 26 will probably be more beneficial to out of state visitors to New Mexico, until other states repeal their contiguous states laws. This is a good piece of work. Now, (well, starting in July)visitors to New Mexico can purchase collectible firearms without the hassle of going through an FFL.

    I'm starting to see a trend. It seems more laws are being passed to lessen the restrictions on firearms. Another trend I see is crime still falling. Next thing you know, Illinois will be passing bills allowing concealed carry. oops, looks like their already doing that, I just posted the story on my blog

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  2. I can also buy a book in a New Mexico store, and New Mexico residents may buy books in other states.

    But since we're talking about guns, does it really matter where I buy a rifle? In most states, I am allowed to buy as many as I want. What laws like this will do is allow Californians, et al., to buy long guns that they want. I have no problem with that.

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  3. Not My Real NameMarch 8, 2012 at 3:46 PM

    Minor victory. Major victory. Who cares? As long as they keep coming.

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  4. I don't even consider it a real victory, at least not more than a yeah-keep-them-coming victory anyway. Most states have already relaxed contiguous border and out-of-state purchases. Even New York allows you to buy a long gun from a dealer in any other state.

    Before anyone jumps on the guns-flowing-to-criminals meme, Federal law is still in place and FFL transfers for sales between states will continue. Just now, someone in NM can go to a gun store in AZ and buy a rifle from a dealer with a NICS check instead of needing it shipped from an AZ FFL to a NM FFL.

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    1. Is that how it works, FWM? In the first comment Bill said this means they don't have to go through an FFL guy.

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    2. I was referring to private sales whereas FWM is referring to retail sales.

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    3. We are talking about purchasing a long gun from an FFL. What this law does is make it okay to buy a long gun from an FFL in another state even if they do not share a contiguous border with NM. This is for over the counter purchases where both states allow this. If the firearm is shipped, then it has to be shipped to a FFL in your home state and a NICS check done there.

      For example: I live in Ohio but am 40 minutes from a large gun retailer in Kentucky. Because Ohio and Kentucky law permit it, I can go there and buy a long gun, fill out form 4473 and have a NICS check run and bring my long gun home. I cannot do the same with a handgun due to Federal law. If I go to the KY store and buy a handgun, they will take my money and make the sale, but I cannot take my gun home. Instead they must drive or ship it to a local FFL in Ohio where I will fill out form 4473 and have a NICS check done before taking my handgun home.

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    4. Yes sir, you are correct. After referring to 922(a)(5) it seems that I am incorrect. In short:
      922
      (a) It shall be unlawful -
      (5) for any person (other than an FFL) to transfer... any firearm to any person (other than an FFL) who the transferor knows or has reasonable cause to believe does not reside in..the State in which the transferor resides;

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