February 8, 2024

Firearm waiting period bill moves to Senate floor

The Senate Judiciary Committee passed the House’s version of a firearm waiting period bill. The vote was a party-line 6-to-3 vote. HB 129 aims to establish a seven-day waiting period for firearm purchases and to close a loophole in state law that allows firearm sellers to hand over a firearm prior to a background check […]

Nicole Maxwell

The Senate Judiciary Committee passed the House’s version of a firearm waiting period bill. The vote was a party-line 6-to-3 vote.

HB 129 aims to establish a seven-day waiting period for firearm purchases and to close a loophole in state law that allows firearm sellers to hand over a firearm prior to a background check being completed.

“We are in an epidemic of gun violence,” bill sponsor Andrea Romero D-Santa Fe, said. “We have seen gun violence rise to 80 percent in the past decade. We are also… have one of the most terrifying rates of suicide in the nation. That critical waiting period will help, we know, lower the numbers.”

The seven days begin when the purchase is initiated, however, the time could be longer if a firearm had to be shipped or was on backorder, Senate Judiciary Chairman Joseph Cervantes, D-Las Cruces, said.

One of the issues opponents had was that it did not include an exception for those with concealed carry licenses as they must undergo training to get the license. One public commenter said, “you don’t know us because we never break laws and we never kill ourselves.”

The New Mexico Department of Justice, formerly known as the New Mexico Attorney General’s Office, wrote in the bill’s fiscal impact report that legislation imposing a mandatory waiting period on firearm possession following a federal instant background check raises constitutionality issues.

Amendments, friendly and otherwise

Cervantes proposed an amendment that he said would fix the constitutionality issue and include exceptions for concealed carry license holders and federal firearms license holders.

Romero considered the amendment unfriendly due to some of the included exceptions.

Despite her opposition, the committee unanimously approved the amendment, which brought HB 129 closer to the language in the Senate version,of which Cervantes is the sponsor.

Cervantes proposed another amendment that would put the waiting period back to 14 days.

He chose 14 days since Hawaii enacted a 14-day waiting period in 1994 that has not been struck down, Cervantes said.

The amendment was considered unfriendly and failed.

Romero proposed her own amendment that if the federal instant background check was not completed in 30 days, the firearm seller may “transfer the firearm to the buyer and report the incomplete federal instant background check to a law enforcement agency.”

“We’re just trying to, in good faith, sort of try to figure out how to identify for both the firearms dealer and for the public or for the law enforcement agency in that community to understand this person wasn’t able to pass a background check. It’s been 30 days and now (the buyer has) been sold a firearm,” Romero said.

The amendment was not moved and therefore died.

Senate Minority Floor Leader Gregory Baca, R-Belen, proposed an amendment to add active duty military or National Guard to the list of those exempt from the waiting period.

Romero considered it an unfriendly amendment and it failed.

The bill now goes to the Senate floor.