The Senate Health and Public Affairs Committee passed legislation on Friday that would require a 14-day waiting period before the finalization of a firearm purchase. During that time period, the seller would need to remain in possession of the firearm.
The legislation, SB 69, excludes people who have valid state concealed carry licenses or have valid federal firearms licenses or are law enforcement from that requirement.
The bill passed on a 5-to-3 party-line vote.
Bill sponsor Sen. Joseph Cervantes, D-Las Cruces, acknowledged that the 14 day waiting period will not stop mass shootings like the one that happened in May in Farmington. But it could still save lives by preventing deaths by suicide.
He said the 14-day time period is based on the longest wait time that has withstood court challenges. Hawaii adopted a 14-day wait period in 2015.
The debate began with Cervantes and Sen. Gregg Schmedes, R-Tijeras, discussing the 2022 U.S. Supreme Court Bruen decision. In that decision, Justice Clarence Thomas asserted that gun regulations are unconstitutional if it is not based on historic tradition.
Cervantes, who is a lawyer, argued that he believes the Supreme Court will backtrack on that stance within the next six months. He said there are examples of restrictions on guns that are not based on historic precedence, such as not allowing guns in the state capitol building or in court and not allowing felons to possess firearms.
He said the Supreme Court is now tasked with determining whether someone who has a domestic violence protection order can be restricted from owning firearms.
Schmedes disagreed with Cervantes on those points. He said the opinion issued by the Supreme Court lists some examples of historic traditions such as not allowing guns in sensitive areas and no dangerous or unusual weapons.
Cervantes said both those are subject to interpretation.
“What you and I may consider to be a dangerous and unusual weapon is going to be a source of disagreement,” he said.
Sen. Antoinette Sedillo Lopez, D-Santa Fe, argued that SB 69 will save lives.
“Maybe not, not a lot of lives, but you’ll save some,” she said.
Some of the opponents to the bill said they appreciated the intention and many parts of the legislation, but felt that 14 days was too long and that a shorter wait time of three to five days may be more appropriate.
The bill now heads to the Senate Judiciary Committee, of which Cervantes serves as chairman.
On Thursday, a House committee passed a bill that would impose a 14-business-day waiting period on firearms purchases