New Mexico - HB402 Restricting the ownership of assault weapons & mags

Discussion in 'Legal and Activism' started by Bigcountry02, Feb 2, 2013.

  1. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    Just dropped 1 Feb 2013. :mad:

    http://www.nmlegis.gov/Sessions/13 Regular/bills/house/HB0402.html

    HOUSE BILL 402

    51st legislature - STATE OF NEW MEXICO - first session, 2013

    INTRODUCED BY

    Stephen Easley











    AN ACT

    RELATING TO CRIMINAL LAW; RESTRICTING THE OWNERSHIP OF ASSAULT WEAPONS AND LARGE-CAPACITY AMMUNITION-FEEDING DEVICES; ENHANCING GUN SAFETY; PROVIDING PENALTIES.



    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

    SECTION 1. A new section of the Criminal Code is enacted to read:

    "[NEW MATERIAL] UNLAWFUL POSSESSION OF AN ASSAULT WEAPON OR LARGE-CAPACITY AMMUNITION-FEEDING DEVICE--PENALTY.--

    A. Unlawful possession of an assault weapon or a large-capacity ammunition-feeding device by a person consists of a person knowingly having an assault weapon or a large-capacity ammunition-feeding device in that person's possession or knowingly transporting an assault weapon or a large-capacity ammunition-feeding device, except in the following cases:

    (1) the person owned the assault weapon or large-capacity ammunition-feeding device in New Mexico prior to July 1, 2013;

    (2) the person is a peace officer who is certified pursuant to the Law Enforcement Training Act and who possesses an assault weapon or large-capacity ammunition-feeding device pursuant to the peace officer's official duties;

    (3) the person is an active-duty or reserve member of the armed services of the United States or of the national guard of New Mexico who possesses an assault weapon or large-capacity ammunition-feeding device pursuant to the member's official duties;

    (4) the person is a gun dealer licensed in New Mexico who possesses an assault weapon or large-capacity ammunition-feeding device for use by customers exclusively at a firing range owned and operated by that gun dealer and the assault weapon or large-capacity ammunition-feeding device is located on the premises of the firing range; or

    (5) the person possesses an assault weapon or large-capacity ammunition-feeding device for use exclusively at a firing range owned and operated by a gun dealer licensed in New Mexico and the assault weapon or large-capacity ammunition-feeding device is located on the premises of the firing range.

    B. A person whose possession of an assault weapon or large-capacity ammunition-feeding device is not within one of the exceptions set forth in Subsection A of this section shall bear the burden of proving that the person owned the assault weapon or large-capacity ammunition-loading device before July 1, 2013.

    C. A person possessing an assault weapon shall store the weapon in a securely locked gun safe except when the weapon is being transported or used.

    D. A person transporting an assault weapon shall ensure that while the weapon is being transported, the weapon is:

    (1) not loaded with ammunition;

    (2) disconnected from any detachable magazine; and

    (3) rendered inoperative by a secured trigger lock.

    E. A person shall not transfer possession or ownership of an assault weapon or large-capacity ammunition-feeding device except under the auspices of a purchase program of a law enforcement agency.

    F. If a law enforcement officer finds probable cause that a person is in unlawful possession of an assault weapon or a large-capacity ammunition-feeding device or is in violation of the provisions of Subsection C, D or E of this section, the law enforcement officer shall impound the assault weapon or large-capacity ammunition-feeding device. The law enforcement officer or the officer's law enforcement agency shall maintain possession of the involved assault weapon or large-capacity ammunition-feeding device until such time as the charges against the person allegedly in violation are either dismissed or that person is acquitted of those charges. If a person is found guilty of unlawful possession of an assault weapon or a large-capacity ammunition-feeding device or of violating the provisions of Subsection C, D or E of this section, the involved assault weapon or large-capacity ammunition-feeding device shall be destroyed at the direction of the law enforcement agency in possession of the involved assault weapon or large-capacity ammunition-feeding device.

    G. A person who commits unlawful possession of an assault weapon or a large-capacity ammunition-feeding device or who violates the provisions of Subsection C, D or E of this section is guilty of a misdemeanor.

    H. As used in this section:

    (1) "assault weapon" means:

    (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics: 1) a folding or telescoping stock; 2) a pistol grip that protrudes conspicuously beneath the action of the weapon; 3) a thumbhole stock; 4) a second handgrip or a protruding grip that can be held by the non-trigger hand; 5) a bayonet mount; 6) a flash suppressor, muzzle break, muzzle compensator or threaded barrel designed to accommodate a flash suppressor, muzzle break or muzzle compensator; or 7) a grenade launcher;

    (b) a semiautomatic shotgun that has at least one of the following characteristics: 1) a folding or telescoping stock; 2) a thumbhole stock; 3) a second handgrip or a protruding grip that can be held by the non-trigger hand; 4) a fixed magazine capacity in excess of seven rounds; or 5) the ability to accept a detachable magazine;

    (c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics: 1) a folding or telescoping stock; 2) a thumbhole stock; 3) a second handgrip or a protruding grip that can be held by the non-trigger hand; 4) the capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip; 5) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer; 6) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned; 7) a manufactured weight of fifty ounces or more when the pistol is unloaded; or 8) is a semiautomatic version of an automatic rifle, shotgun or firearm; or

    (d) a revolving cylinder shotgun;

    (2) "assault weapon" does not mean:

    (a) any rifle, shotgun or pistol that: 1) is manually operated by bolt, pump, lever or slide action; 2) has been rendered permanently inoperable; or 3) is an antique firearm as defined in 18 U.S.C. 921(a)(16);

    (b) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;

    (c) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or

    (d) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to 18 U.S.C. 922, as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon;

    (3) "large-capacity ammunition-feeding device" means a magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily restored or converted to, accept more than ten rounds of ammunition or that contains more than seven rounds of ammunition and includes an attached tubular device designed to accept, and is capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A large-capacity ammunition-feeding device that is a curio or relic is defined as a device that was manufactured at least fifty years prior to the current date and is capable of being used exclusively in a firearm, rifle or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof;

    (4) "pistol" means a weapon that is designed or redesigned, is made or remade and is intended to be fired while being held by hand and that is designed or redesigned and is made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a barrel for each single pull of the trigger and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches;

    (5) "rifle" means a weapon that is designed or redesigned, is made or remade and is intended to be fired from the shoulder and that is designed or redesigned and is made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger;

    (6) "semiautomatic" means any repeating rifle, shotgun or pistol, regardless of barrel or overall length, that utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and to chamber the next round and that requires a separate pull of the trigger to fire each cartridge or shell; and

    (7) "shotgun" means a weapon that is designed or redesigned, is made or remade and is intended to be fired from the shoulder and that is designed or redesigned and is made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either ball shot or a single projectile for each single pull of the trigger."

    SECTION 2. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

    SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

    - 8 -
     
  2. longunner

    longunner New Member

    1,176
    0
    0
    Wow New Mexico of all places that's surprising....
     

  3. AR10

    AR10 New Member

    2,264
    0
    0
    Well, Texas ain't that far to move to.

    Fight this, tooth and nail. Call your NRA contact person and get involved.

    What looks like is happening, is our gov is imploding the economy on purpose, for the reason, of turning assets over to creditors, mainly China. One thing that stops this from happening, would be gun owners, that would resist new Chinese landlords.
     
  4. John_Deer

    John_Deer New Member

    6,624
    1
    0
    I don't think the bill will pass. Gun owners are a well organized group. Anti-gun people are splintered. The state legislature will vote the bill down. I do find it startling the bill made it to the floor to be voted on.
     
  5. aandabooks

    aandabooks New Member

    1,598
    0
    0
    Seems to me that Mr. Easley should be prepared to look for a new line of work come next election cycle.
     
  6. nitestalker

    nitestalker New Member

    6,489
    0
    0
    New Mexico has a Liberal leaning due to the California invasion of Santa Fe. Don't forget the ole California Lefty Bill Richardson was Gov. of New Mexico.
    The good news was that the Repubs forced him to sign the CCW bill in N.M. That said the strong NRA base will likely kill this B.S. bill.:)
     
  7. locutus

    locutus Well-Known Member Supporter

    16,385
    234
    63
    Remember, NM voted for the scumbag Caliph.:mad:
     
  8. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    I agree; but, working with the Tea Party until work took number 1 spot, anyway we did functions at UNM and few other areas. UNM is heavy liberal, one of the members got into a heated discussion with a so-called Commie professor!
     
  9. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    Information on legislator that introduced HB 402

    This guy is so left from center, you can not touch it!

    http://www.abqjournal.com/main/2012/05/08/nm-election-2012/house-district-50-democrat.html

    House District 50 (D) — Stephen Easley

    POLITICAL PARTY: Democratic (Should be commie)

    Candidate questionnaire

    1. Do you support or oppose repeal of the New Mexico law that allows illegal immigrants to obtain driver’s licenses?

    1. I oppose the repeal of the law, although I support the very reasonable compromise amendment that will be introduced into the next legislative session.

    2. Do you support or oppose addressing solvency problems of the state’s two public retirement systems by reducing certain benefits?

    2. Solvency is important. Reducing certain benefits may be necessary, as long as the reduction is part of a balanced package of changes that don’t put the burden entirely on public employees.

    3. To address solvency problems with the state’s two retirement systems, do you support or oppose raising the minimum retirement age for current or future employees?

    3. Slightly raising the retirement age for future retirees may make sense, as long as this approach is part of a balanced package.

    4. Should the taxpayer-funded state contributions to public employee pension funds be increased?

    4. Yes, as part of a balanced package.

    5. After the recent U.S. Supreme Court ruling on the Affordable Care Act, do you support or oppose the state’s spending up to $500 million more by 2020 to expand Medicaid rolls by an estimated 170,000 people?

    5. I support the Affordable Care Act, as did the U.S. Supreme Court. I also support full health care coverage for all New Mexicans, which I believe is a laudable goal.

    6. Do you support or oppose elimination of “social promotion” in public schools – that is, allowing third-graders to advance to fourth grade despite reading deficiencies?

    6. I do not believe that the elimination of “social promotion” as currently proposed will have any positive benefit on New Mexico education. Better early childhood and K-3 intervention is likely to be more helpful.

    7. Do you support using student progress as a measure for evaluating performance of teachers in public schools? If so, do you support paying top-performing teachers more?

    7. Student progress could be a carefully measured and weighed component in overall teacher evaluation, but not the largest component. Of course I am in favor of incentivizing top-performing teachers with money and other rewards

    8. To provide more general fund revenue for state government and schools, would you support or oppose increasing the state personal income tax rate on higher-income residents, which was reduced from 8.2 percent to 4.9 percent in 2003?

    8. I support the repeal of the 2003 income tax cuts for higher-income residents. The cuts were a bad idea in 2003 and a bad idea today. They have had no productive effect on our economy.

    9. Would you support or oppose a law allowing same-sex marriage in New Mexico?

    9. I support same-sex marriage in New Mexico and have done so for years.

    10. Do you support or oppose legislation that would require parents or legal guardians to be notified before a minor is allowed to have an abortion?

    10. I oppose the parental notification laws that have been passed in many other states.

    11. Have you or your business, if you are a business owner, ever been the subject of any state or federal tax liens?

    11. No.

    12. Have you ever been involved in a personal or business bankruptcy proceeding?

    12. No.

    13. Have you ever been arrested for, charged with, or convicted of drunken driving, any misdemeanor or any felony in New Mexico or any other state? If so, explain.

    13. No.
     
  10. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    Found this article from the Santa Fe New Mexican online site.

    Always lying liberals! (Rep Easley and his secretary lie)

    The officer in charge and state police stated that no reports of such an incident happened.

    I am just sick of these trash!

    http://www.santafenewmexican.com/Local News/021213xgrGUNS

    On Friday, before the House Judiciary Committee discussed HB 77, a gun rights group called Stand Your Ground New Mexico held a rally outside the Capitol. Some participants carried handguns, hunting rifles and semi-automatic rifles.

    Rep. Steve Easley, D-Santa Fe, who is sponsoring HB 402, which would ban assault rifles and large-capacity magazines in New Mexico, said Monday that on Friday there was a “steady stream” of gun-rights advocates who came by his office demanding to see him while he was on the House floor. Some of the visitors, he said, were angry and insisted on debating the bill with the staff in his office.

    One man became angry and tried to intimidate a secretary, Easley said. “She called the state police, who escorted him out. … Unfortunately, we have no rules that prevent weapons in the Roundhouse.”

    One of the rally’s organizers, Bob Mitzel of Roswell, said he was surprised to hear about this incident. He said he talked to state police on Friday and there were no reports of any problems.

    State police spokesman Tony Lynn said the officer in charge of Capitol security during the Legislative session told him there were no reports of such an incident.

    However, Easley’s receptionist on Monday said she did call for police help with an angry, intimidating gun-rights supporter.

    Easley said he expects his bill will be heard by the House Consumer & Public Affairs Committee next week.
     
  11. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    Update for all New Mexicans

    New Mexico: House Committee to Hear HB 402, New York-Style Gun and Magazine Ban, this Thursday, February 21!

    The House Consumer and Public Affairs Committee will hold a public hearing on House Bill 402 this Thursday, February 21, at 1:30 pm (or upon adjournment of the House) in Room 315 of the State Capitol. Please attend this hearing and voice your opposition to HB 402. If this measure advances from this committee, it will go to the House Judiciary Committee. Please also call AND e-mail committee members and urge them to oppose HB 402.
     
  12. 7point62

    7point62 Lifetime Supporting Member Lifetime Supporter

    2,188
    0
    0
    Here's hoping you NM gun-owners jam room 315 to overflowing.
     
  13. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    I am heading up in the morning, might be a slow drive with the possible chance of snow.

    http://www.nraila.org/legislation/s...osition-to-looming-“assault-weapons”-ban.aspx

    Yesterday, the New Mexico House Republican Caucus sent this letter to state House Consumer and Public Affairs Committee Chairman Eliseo Alcon and Democratic committee members, outlining their firm opposition to House Bill 402. This NRA-opposed New York-style ban on commonly owned semi-automatic firearms and standard capacity magazines will be heard in the House Consumer and Public Affairs Committee tomorrow, February 21, at 1:30 pm (or upon adjournment of the House) in Room 315 of the State Capitol.

    The following state Representatives comprise the House Republican Caucus -- please contact and thank them for urging their colleagues to reject these ineffective, invasive restrictions on law-abiding citizens and focus, instead, on enforcing existing state and federal firearms statutes against the criminals who violate them. More information on House Bill 402 can be found here. Contact information for state representatives can be found here.

    Rep. Nate Gentry (HD 30-ABQ)

    Rep. Jimmie Hall (HD 28-ABQ)

    Rep. Jim Smith (HD 22-Sandia Park)

    Rep. David Gallegos (HD 61-Eunice)

    Rep. James R.J. Strickler (HD 2-Farmington)

    Rep. Nora Espinoza (HD 59-Roswell)

    Rep. Yvette Herrell (HD 51-Alamogordo)

    Rep. Alonzo Baldonado (HD 8-Los Lunas)

    Rep. Candy Spence Ezzell (HD 58-Roswell)

    Rep. Bob Wooley (HD 66-Roswell)

    Rep. Sharon Clahchischilliage (HD 4-Kirtland)

    Rep. Terry McMillan (HD 37-Las Cruces)

    Rep. Zach Cook (HD 56-Ruidoso)

    Rep. Paul Bandy (HD 3-Aztec)

    Rep. Kelly Fajardo (HD 7-Belen)

    Rep. Monica Youngblood (HD 68-ABQ)

    Rep. William Gray (HD 54-Artesia)

    Rep. Don Tripp (HD 49-Socorro)

    Rep. James White (HD 20-ABQ)

    Rep. Anna Crook (HD 64-Clovis)

    Rep. Larry Larranaga (HD 27-ABQ)

    Rep. Jason Harper (HD 57-Rio Rancho)

    Rep. Tom Taylor (HD 1-Farmington)

    Rep. Paul Pacheco (HD 23-ABQ)

    Rep. Tom Anderson (HD 29-ABQ)

    Rep. Tim Lewis (HD 60-Rio Rancho)

    Rep. Dennis Roch (HD 67-Texico)

    Rep. Jane Powdrell-Culbert (HD 44-Corrales)

    Rep. Don Bratton (HD 62-Hobbs)

    Rep. Bill Rehm (HD 31-ABQ)



    * Reps. Dianne Hamilton (HD 38-Silver City) & Cathrynn Brown (HD 55-Carlsbad) were excused from the Legislature when the letter was circulated for signature, but both also oppose HB 402.
     
  14. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    Last edited: Feb 22, 2013
  15. bamashooter68

    bamashooter68 Member

    623
    0
    16
    Good job citizens of New Mexico. Stay vigilant, they will never stop trying to take away our rights unless we meet them at the door in force everytime they try.

    If you can find or afford some ammo you guys should go shooting this weekend to celebrate. I will pop off a few rounds for you guys here in Bama.
     
  16. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    7,232
    37
    48
    Thanks! Pop a few rounds and conserve the rest!