Virginia isn’t the only state where Democrat lawmakers are trying to ram through a bill banning commonly owned guns and magazines this year. In New Mexico, where lawmakers are 10 days in to their 30-day session, several Democrats are pushing SB 17; a bill that would not only ban all gas-operated semi-automatic centerfire rifles and pistols that can accept detachable magazines, but would subject the state’s federally licensed gun dealers to an onslaught of state-level mandates as well.
SB 17 passed out of its first committee earlier this week on a party line vote, despite the fact that the state Department of Justice has warned that the bill is on shaky legal ground. New Mexico Republicans have pointed to that report in their objections, but they’re also hoping that the federal DOJ will weigh in as well.
The report from the state Department of Justice notes the proposed law regarding the sale or transfer of “extremely dangerous weapons” would likely face challenges, noting a 2022 U.S. Supreme Court ruling “places the justification requirement squarely on the government to demonstrate constitutionality, rather than requiring challengers to prove restrictions are unconstitutional.”
The 2022 ruling, commonly referred to as Bruen, was cited, among others, in the 10th Circuit Court of Appeals’ ruling that struck down New Mexico’s seven-day waiting period for gun purchases last year.
The attorney general’s analysis also noted SB 17’s definition of “gas-operated firearm” may be “broader than anticipated,” as it includes “several commercially-available handguns commonly used for self-defense,” including the Walther CCP M2, Desert Eagle pistol and Smith & Wesson M&P.
New Mexico Republicans, in a letter to U.S. Department of Justice officials Wednesday, requested a statement from the federal agency on the constitutionality of SB 17. The letter referenced a statement by Assistant Attorney General Harmeet Dhillon doubting the constitutionality of a proposed weapon ban in Virginia, stating “your clear statement that such proposals represent a blatant violation of Supreme Court precedent and will not withstand constitutional scrutiny was both timely and important.”
I don’t know if SB 17 is really broader than Democrats anticipated, but if enacted it would be the most sweeping “assault weapon” ban in the United States.
The DOJ will almost certainly respond to the Republicans’ request, though I don’t know if it will make much of a difference to Democrats in the legislature, who’ve previously rejected similar legislation that did not include the new mandates for gun dealers. The Senate sponsors are clearly hoping to convince reluctant Dems to support the bill on those grounds even if they aren’t on board with the gun ban, but at this point it’s hard to tell if that strategy is paying off for them.
Sen. Heather Berghmans, D-Albuquerque, a sponsor of SB 17, said the absence of regulations for gun sellers allows for a “retail-to-street pipeline” for firearms to be sold legally and then trafficked to teens, convicted felons and others who use them to commit crimes in the state — a practice known as “straw purchasing.”
A report released last month by the national nonprofit gun control advocacy group Everytown for Gun Safety found over 77% of firearms used in crimes in New Mexico were initially purchased legally, and about 60% came from a business in the state.
SB 17 would require gun dealers to implement certain security measures, including video surveillance and alarms; to keep records of sales and purchases, which must be provided to law enforcement upon request; and to notify state officials of any purchases of multiple firearms, as well as thefts and losses. It also would require employees of gun stores to be at least 21 years old and pass a background check, along with new training requirements.
I’m surprised the number of firearms used in crimes that were initially purchased legally isn’t higher than 77%, since the vast majority of guns in this country were originally sold at retail. That 77% figure isn’t indicative of straw purchases or illegal gun trafficking. It also includes firearms that were stolen by criminals, many of which are sold on the black market. This is like blaming liquor stores for drunk drivers, since most spirits are purchased at retail and not made with still at home.
Rep. Andrea Romero told the Senate committee that the state regulates alcohol and cannabis more strictly than it regulates gun dealers, but that’s because there’s a federal agency tasked with overseeing the gun industry. Yes, that same agency has “alcohol” in its name, but the ATF’s enforcement efforts involving intoxicating beverages deals primarily with bootlegging and violations of the Federal Alcohol Administration. It’s not doing spot-checks at liquor stores or restaurants that serve alcohol. Those efforts are largely left to state and local law enforcement.
As for the state’s regulations surrounding cannabis, they haven’t stopped a thriving black market. One report suggests New Mexico’s legal market makes up only 1/3rd of all marijuana sales in the state. Mexican cartels and Chinese criminal enterprises are generating thriving profits while the state’s Democrat majority is largely turning a blind eye to the problem.
SB 17 isn’t about public safety or accountability for federally licensed firearm retailers. It’s about prohibiting the sale of commonly owned firearms and subjecting FFLs to so much red tape that many smaller shops won’t be able to afford to comply, and will instead shut down their business.
I hope that the DOJ does weigh in, but New Mexico gun owners need to keep pressure on Senate Democrats and urge them to reject SB 17 just like they rejected the last attempt to pass a gun ban. There’s no doubt that violent crime is a serious problem in the Land of Enchantment, but targeting responsible gun owners and a federally-regulated industry isn’t the cure.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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