Senate committee advances gun bills on waiting period, advertising

By Nathan Brown, The Santa Fe New Mexican

nbrown@sfnewmexican.com

Another bill to impose a 14-day waiting period on gun purchases made it out of the Senate Health and Public Affairs Committee on Sunday. Senate Bill 427 passed on a 6-1 vote. It would do the same thing as House Bill 100, which made it out of two committees with a do-pass recommendation last month but hasn’t yet been brought to the House floor. New Mexico does not currently have a waiting period to buy a firearm. The bill’s sponsor, Sen. Joseph Cervantes, D-Las Cruces, said 14 days would put New Mexico at the high end of waiting periods.

Senate passes 1st major gun control law of session

By Daniel J. Chacón, The Santa Fe New Mexican

A bill that would hold adults responsible for keeping guns out of the hands of children passed the Senate largely along party lines Friday. Sen. Benny Shendo Jr., D-Jemez Pueblo, joined Republicans in voting against House Bill 9, which creates two new crimes related to negligently making a firearm accessible to a minor. The bill is one of several gun control measures lawmakers are considering in this year’s 60-day legislative session and the first to pass both chambers. HB 9 says a gun owner would be liable if the firearm is kept or stored “in a manner that negligently disregards a minor’s ability to access” the weapon. “These child access prevention laws do work,” said Senate President Pro Tem Mimi Stewart, an Albuquerque Democrat who is among the sponsors of HB 9.

NM group files suit against Sec. of State and AG over referendum process

A group of New Mexicans filed a lawsuit Thursday afternoon against two state officials who rejected numerous attempts to start the process to overturn laws passed in this year’s legislative session.   

The lawsuit, filed by former Libertarian attorney general candidate Blair Dunn on behalf of a group called the New Mexico Patriot Advocacy Coalition, asks a state district court judge in Curry County to deem actions taken by the two elected officials as unconstitutional. The lawsuit claims New Mexico Secretary of State Maggie Toulouse Oliver, in consultation with state Attorney General Hector Balderas, violated the rights of New Mexicans by denying 10 attempts to overturn recently passed laws. The state constitution allows for a referendum process in which petition signatures are gathered to overturn laws, though the process is rarely used and has only been successful once in state history. 

Previous attempts by House Minority Leader Jim Townsend, R-Artesia, to overturn gun restriction laws were also rejected. Townsend’s three attempts were denied by Toulouse Oliver for what she called technical errors and on the grounds that the state’s process for referendums to reverse laws does not apply to laws “providing for the public peace, health and safety.” One of Townsend’s attempts to overturn a gun background check law is among the ten instances the coalition says Toulouse wrongfully denied. The other petition attempts, filed by the coalition, aimed to overturn laws ranging from the recent minimum wage increase, election changes and a law that shot down the ability for local governments to enact right-to-work laws.

SOS says no to third attempt calling for referendum to reverse gun background check law

The third time was not the charm. For the third time in just over a month, Secretary of State Maggie Toulouse Oliver rejected a Republican petition for a referendum to overturn the law that would require background checks for nearly all gun purchases. Minority Leader Jim Townsend, R-Artesia, submitted the second amended petition on April 12. The petition fixed a technical problem related to the filing. But the Secretary of State found the larger issue is still that the law is not eligible for a referendum under the state constitution according to Toulouse Oliver.

Gun violence prevention takes center stage, with Giffords in town

When retired U.S. Navy Captain and astronaut Mark Kelly asked nine high school students how many knew someone who had been shot, all of them raised their hands. The students were from Albuquerque, Rio Rancho, Santa Fe and two schools on tribal land. He said that’s the first time every student raised a hand; it’s usually closer to 50 percent when he asks that in other states—and closer to zero percent in other developed nations. Three of the students later said they had been shot at themselves . Kelly appeared with his wife, former congresswoman Gabby Giffords in Albuquerque on Tuesday.

At Capitol, Giffords urges N.M. lawmakers to ‘come together’ on gun control

Partially paralyzed and speaking in just a few simple sentences, a former U.S. congresswoman shot in the head six years ago during a rampage that left a half-dozen people dead delivered the most high-profile endorsement yet of two gun-control bills being considered in the New Mexico Legislature. “I’ve seen great courage when my life was on the line,” Gabrielle Giffords told a crowd of reporters and gun-control advocates at the Capitol on Wednesday. “Now is the time to come together — to be responsible. Democrats, Republicans, everyone.” Giffords’ appearance at the Legislature demonstrated the campaign for gun control is not letting up during the final weeks of the session.

Gun control advocacy group: Felons buy firearms online to skirt background checks

A 29-year-old Albuquerque man was accused of firing a .45-caliber pistol multiple times at a car carrying a couple and their 2-month-old baby. Last year, the man was charged with several felonies stemming from the September 2015 incident in Northern New Mexico. He pleaded not guilty and was released from jail on bond. One of the conditions of his release prohibited him from possessing firearms.

Just two weeks later, however, the suspect responded to an online ad for an AK WASR-10 rifle. He repeatedly called and texted the would-be seller, offering to pay $300 in cash.

New Mexico Legislature, Congress diverging on gun sales checks

A House committee on Saturday advanced a bill that would expand required background checks to include most gun purchases in New Mexico. After a hearing that lasted more than three hours, the Consumer and Public Affairs Committee voted 3-1 along party lines in favor of House Bill 50, sponsored by Rep. Stephanie Garcia Richard, D-Los Alamos. The committee’s action mirrored that of a Senate panel that last week approved an identical proposal, Senate Bill 48. While the New Mexico Legislature is moving toward expanding mandatory background checks, Congress is heading in the other direction. The U.S. House of Representatives last week voted 235-180 to scuttle an Obama-era rule requiring background checks for gun purchases by some Social Security recipients with mental disabilities.

NM Dems take part in ‘#NoFlyNoBuy’ sit-in

House Democrats staged a sit-in that lasted well into Thursday morning. The two Democrats in hte U.S. House from New Mexico took part in the sit-in. The Democrats sought a vote on a piece of legislation related to guns dubbed “no fly, no buy” which would bar those on terror watchlists from purchasing guns

The Democrats did not get their way when it came to a vote on the bill before the House adjourned for a recess for the 4th of July, but did get a likely secondary objective: a confrontation with House Republican leadership. Sen. Udall, Rep. Lujan Grisham and I on floor calling for vote to keep guns out of the hands of suspected terrorists pic.twitter.com/ZkCE4nxcWA
— Ben Ray Lujan (@repbenraylujan) June 22, 2016
The bill itself has a New Mexico connection—U.S. Sen. Martin Heinrich is one of those who negotiated the compromise with Republican Senator Susan Collins of Maine. Heinrich said the sit-in could be helpful.