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Wednesday, January 11, 2023

NM Anti-Gunners Start 2023 Legislative Session


Lunatic Democrats are targeting our Second Amendment rights (again) in New Mexico.

A new bill was introduced by Rep. Patricia Roybal-Caballero that would make possessing high-capacity magazines a felony in New Mexico.

The Piñon Post reported:

On Monday, far-left New Mexico state Rep. Patricia Roybal-Caballero (D-Bernalillo) dropped the Democrats’ first anti-gun bill of the 2023 Legislative Session, H.B. 50. The bill is a magazine ban that would make violations of the bill if passed, felons.

The bill reads, “It is unlawful for a person to possess or transfer a large-capacity magazine within New Mexico, except when the person is: a resident of another state who transports a large-capacity magazine into New Mexico for use exclusively in an established shooting competition” or “a peace officer, in accordance with the policies of the peace officer’s law enforcement agency,” with multiple caveats. Other minor exceptions include being a member of the armed forces, certain manufacturers, certain armored vehicle operators, or those displaying such weapons in government-run museums or exhibits. 

It continues, “A person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.”

The bill ignores the current status of similar magazine bans. 

In an article in the San Diego Union-Tribune of June 30, 2022, it stated such bans have been stayed by the U.S. Supreme Court:

In the New York case, the court’s conservative majority gave lower courts new guidance about how to evaluate gun restrictions. The justices rejected a two-step approach that appeals courts had previously used as having one step too many. They said courts assessing modern firearms regulations should just ask whether they are “consistent with the Second Amendment’s text and historical understanding.”

Sending other gun cases back to lower courts gives them the opportunity to apply that new guidance.

In its order Thursday, the Supreme Court ordered the 9th U.S. Circuit Court of Appeals to revisit its 7-4 ruling last year that upheld California’s law banning magazines that hold more than 10 bullets. The order adds to the San Diego-based lawsuit’s lengthy path through the courts.

A 2018 New Jersey law limits most gun owners to magazines that hold up to 10 rounds of ammunition instead of the 15-round limit in place since 1990. A lower court upheld the law.

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