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Thread: NM SHERIFFS REFUSING TO ENFORCE NEW GUN LAWS

  1. #11
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    It's official. The governor signed the law banning private gun sales in New Mexico.

    I'm sure the gang-bangers will immediately comply, aren't you?

  2. #12
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    Quote Originally Posted by Doc Safari View Post
    It's official. The governor signed the law banning private gun sales in New Mexico.

    I'm sure the gang-bangers will immediately comply, aren't you?
    For what it's worth, I don't see any changes happening for normal face to face transactions. The local FFL holders I have spoken with don't even know how to process any of this since the NICS check is done at the federal level with ATF paperwork. Also, the FFL holders are not really interested in accepting a gun into their bound book then showing it transferred out within 5 to 10 minutes. It adds to the work load. Is there a separate report that has to be sent to the State? Nobody knows any of this.
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  3. #13
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    Quote Originally Posted by OH58D View Post
    For what it's worth, I don't see any changes happening for normal face to face transactions. The local FFL holders I have spoken with don't even know how to process any of this since the NICS check is done at the federal level with ATF paperwork. Also, the FFL holders are not really interested in accepting a gun into their bound book then showing it transferred out within 5 to 10 minutes. It adds to the work load. Is there a separate report that has to be sent to the State? Nobody knows any of this.
    Facts:

    1. Doing a private gun sale without a background check under the new law is a misdemeanor. I don't know what the penalty is.
    2. All guns I've sold over the past few years to private individuals, I've asked the buyer to accompany me to the LGS where he pays (or I pay) $25 to have the person do a 4473. I think that's how this new law would have to work.
    3. On the other hand, the law is utterly unenforceable if you sell to someone you know and that person is not going to rat you off to law enforcement.
    4. The net effect is that you won't be able to sell to someone "out of the blue" like you would meet for the first and only time at a gun show. You would have to tell that person, "Let's go get this FFL to do a background check then I can sell you the gun." So it might turn the gun shows into "dealer only" affairs.

    Bottom line: It's just an incovenience to gun owners but we already have enough of those to contend with.

    I'm more worried about a proposed ban on semi-autos and standard cap mags that will probably come up later in another session (since this one is almost over). We need to start organizing to push back against that one ASAP.
    Last edited by Doc Safari; 03-13-19 at 14:35.

  4. #14
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    Quote Originally Posted by Doc Safari View Post
    Facts:

    1. Doing a private gun sale without a background check under the new law is a misdemeanor. I don't know what the penalty is.
    2. All guns I've sold over the past few years to private individuals, I've asked the buyer to accompany me to the LGS where he pays (or I pay) $25 to have the person do a 4473. I think that's how this new law would have to work.
    3. On the other hand, the law is utterly unenforceable if you sell to someone you know and that person is not going to rat you off to law enforcement.
    4. The net effect is that you won't be able to sell to someone "out of the blue" like you would meet for the first and only time at a gun show. You would have to tell that person, "Let's go get this FFL to do a background check then I can sell you the gun." So it might turn the gun shows into "dealer only" affairs.

    Bottom line: It's just an incovenience to gun owners but we already have enough of those to contend with.

    I'm more worried about a proposed ban on semi-autos and standard cap mags that will probably come up later in another session (since this one is almost over). We need to start organizing to push back against that one ASAP.
    But where is the reporting verification to the State? If Party A wants to sell a gun to Party B, they go to an FFL holder. The gun is logged into the bound book of the FFL, Party B does the 4473 and the background check is done. The 4473 does not record the serial number, only the type of firearm. The bound book is the record of the serial number. A fee up to $35.00 is charged to Party B. Nothing is reported to the State.

    If the firearm is involved in a crime and it is an older firearm, it may not show up on any record. Even if the transfer is made with an FFL, there is no database it has been reported to as long as the FFL is in business - it's record is in the bound book. Seems like a "feel good" bill with really no teeth.
    Last edited by OH58D; 03-13-19 at 19:34.
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  5. #15
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    Quote Originally Posted by Doc Safari View Post
    Facts:

    1. Doing a private gun sale without a background check under the new law is a misdemeanor. I don't know what the penalty is.

    2006 New Mexico Statutes - Section 31-19-1 — Sentencing authority[;] misdemeanors; imprisonment and fines; probation.

    31-19-1. Sentencing authority[;] misdemeanors; imprisonment and fines; probation.

    A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

    B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.

    C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.

  6. #16
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    Quote Originally Posted by OH58D View Post
    But where is the reporting verification to the State? If Party A wants to sell a gun to Party B, they go to an FFL holder. The gun is logged into the bound book of the FFL, Party B does the 4473 and the background check is done. The 4473 does not record the serial number, only the type of firearm. The bound book is the record of the serial number. A fee up to $35.00 is charged to Party B. Nothing is reported to the State.

    If the firearm is involved in a crime and it is an older firearm, it may not show up on any record. Even if the transfer is made with an FFL, there is no database it has been reported to as long as the FFL is in business - it's record is in the bound book. Seems like a "feel good" bill with really no teeth.
    "Feel good" is what I'm thinking is the purpose behind all the laws they're working on. Next is the domestic violence one from what I hear.

    I have not actually seen the text of the private sale law yet. I've gotten my info from a couple of knowledgeable people that do their best to keep up with the legislature.

    So I don't know yet if there's actually any reporting requirement. But I agree the law is toothless without it. Supposedly in Dona Ana county the cops are allowed to ask "where did you get your gun" if they pull you over and see a firearm in your vehicle, but you are not under any obligation to answer the question.

  7. #17
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    Quote Originally Posted by Doc Safari View Post
    "Feel good" is what I'm thinking is the purpose behind all the laws they're working on. Next is the domestic violence one from what I hear.

    I have not actually seen the text of the private sale law yet. I've gotten my info from a couple of knowledgeable people that do their best to keep up with the legislature.

    So I don't know yet if there's actually any reporting requirement. But I agree the law is toothless without it. Supposedly in Dona Ana county the cops are allowed to ask "where did you get your gun" if they pull you over and see a firearm in your vehicle, but you are not under any obligation to answer the question.
    I just got off the phone with two different gun dealers in Albuquerque, and they indicated there is no reporting of anything to the State. Their records in their bound books are between them and the ATF. State has no input on this.

    Their feeling is that once this goes into effect, at some point in the future they will say this is not working and try some kind of registration bill. Both dealers predict a huge amount of non-compliance.
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  8. #18
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    Quote Originally Posted by OH58D View Post
    Both dealers predict a huge amount of non-compliance.
    Could be a bellweather for the proposed semi-auto and standard cap mag ban. I will not state publicly what I will do before I surrender my AR's, but you can best believe that it's on my mind.

  9. #19
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    Quote Originally Posted by Doc Safari View Post
    "Feel good" is what I'm thinking is the purpose behind all the laws they're working on. Next is the domestic violence one from what I hear.

    So I don't know yet if there's actually any reporting requirement. But I agree the law is toothless without it. Supposedly in Dona Ana county the cops are allowed to ask "where did you get your gun" if they pull you over and see a firearm in your vehicle, but you are not under any obligation to answer the question.
    Or, one of your trusted shooting buddy's sons get popped for drugs. Cops lean on him. Shooting buddy/dad comes to the rescue. DA offers a deal.

    Shooting buddy contacts you to buy/sell a firearm one of you knows the other would like. Controlled buy goes down.

    You are looking at one year, a $1k fine, plus attorneys' fees for your defense.

  10. #20
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    I'm thinking the libs in Santa Fe secretly have a registration bill stashed away that they will spring at a later date--IF most of the other horseshit gets passed. The registration bill has got to be the "Grail", so they won't do it until they get everything else. WE MUST START FIGHTING BACK NOW.

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