NM SHERIFFS REFUSING TO ENFORCE NEW GUN LAWS

[OH58D]

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.

[Doc Safari]

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.

[OH58D]

"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.

[Doc Safari]

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.

[jack crab]

"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.

[Doc Safari]

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.

[Co-gnARR]

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.

I'm seriously concerned that Armslist, etc, will now be loaded with sting operations. Given how leftist the judges here are, I'm sure many decent people will be made examples of once the first arrests are made. Mean while, the cholos will be swapping guns & ammo just like always, and will continue their violent burglarizing, car jacking and drug dealing, just like always.


DOC- I'm afraid you are spot on. The Dems and faceless money in Fanta Se have been stacking the deck with politicians and legislators for a long time to start the gun grab. Look at California & New York- that is the template these people are following. This governor and her cronies are just warming up with this UBC garbage.

[Doc Safari]

https://gunwatch.blogspot.com/2019/0...to-people.html

The New Mexico Republicans are leading a movement to repeal the offending law using the power of the people.

New Mexico has a provision in its Constitution, rather similar to that in Switzerland. If the legislature passes a law offensive to the people, they can demand a referendum be held. If the law is not approved of in the referendum, the law is annulled. The Republican party in the New Mexico House released this notice: From nmhousegop.com:
Santa Fe – House Republicans joined New Mexico’s Sheriffs to begin the process of overturning radical anti-2nd Amendment laws on Thursday. Joining thousands of New Mexicans who rallied against anti-2nd Amendment bills across the state, House Republicans announced they will begin the formal process to annul Senate Bill 8.

Under the New Mexico Constitution, the people have the power to “disapprove, suspend and annul” laws enacted by the Legislature. The process begins with a petition of New Mexico voters and requires several different actions depending on the number of signatures. The number of required signatures is based on the voters who cast a ballot in the 2018 General Election and actions to be taken include:
1. If 10% of voters sign a petition, the law is placed on the ballot for approval or rejection of all voters.
2. If 25% of the voters sign the petition within 90 days after adjournment of the session, the law is immediately suspended and it is placed on the ballot for approval or rejection of all voters.

“The response to this bill and others like it all around New Mexico is unprecedented, and we need to listen to the people,” said House Republican Leader Rep. Jim Townsend (R-Artesia). “What is happening in Santa Fe does not reflect what an overwhelming number of New Mexicans want, so we’re going to make sure they are heard.”

“New Mexicans in 25 counties have made it clear that they do not support restrictions on their 2nd Amendment rights,” said House Republican Whip Rod Montoya (R-Farmington). “Clearly Santa Fe is out of touch …This is not my New Mexico.”
Rep. Townsend sent a letter to the Secretary of State requesting the petitions for Senate Bill 8. The petitions will then be circulated across New Mexico for signatures.

My take: This portends well for other draconian laws the Santa Flush liberals want to pass, like a semi-auto ban. I wonder now many New Mexicans own AR-15's?

[kerplode]

That could be a dangerous plan...

[Co-gnARR]

The problem is the majority of New Mexico’s population reside between Santa Fe and Albuquerque. Most of the money is here, as well. The leftists are deeply entrenched and well funded. It is symbolic that we are seeing this rally against the progressofascists but it will be an uphill struggle, without any implication of ballot tampering or manipulation of petitions. And we all know how corrupt the bureacrats and elected officials are.