Which types of guns would face restrictions under bill in New Mexico Legislature
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SANTA FE, N.M. — New Mexico state lawmakers are debating a gun control bill that its sponsors say is aimed at preventing mass shootings.
The Democrat-backed HB 101, called the Assault Weapons Regulation Act, has support from the governor. It is similar to laws passed in 11 U.S. states, and it’s nearly identical to a law Illinois recently passed – though that is facing challenges in court.
On Friday, a legislative committee didn’t take action on it, saying the bill’s sponsors need more time to make changes.
It would restrict hundreds of guns in New Mexico, and anyone who already has one would have to register it with the state.
Most people would not be able to have, make, or sell the kinds of guns in the bill without registering them by March 1 of next year. The charge would be a felony.
“As we’ve seen with the scourge of gun violence across the country and those being perpetrated with weapons of war that are tending to murder more people because of the capacity of these weapons and the way that they’re designed to kill, we’re seeking to prevent that in New Mexico,” a sponsor of the bill said.
The bill would restrict certain rifles and handguns, including the popular AR-15 and rifles of a similar style. It targets many attachments and modifications people use, including additional grips.
Many popular handguns would not be restricted.
Sponsors said a goal of the bill would be to not restrict guns typically only used for hunting or competitions. The New Mexico Department of Public Safety would make a list of which guns would be restricted.
Some members of the public pushed back during the committee meeting, giving public comments. One man pointed out people use some of the guns that would be restricted to protect their livestock from predators.
“Many people here in New Mexico use an AR-15 and other semi-automatic weapons to go after groups of coyotes, groups of hogs.”
There are exceptions in the bill.
Many people can still have the restricted guns, including current or former law enforcement officers, military members or licensed private security.
There would be ways to legally transfer a gun out of state, and people who don’t live in New Mexico can pass through the state with the restricted guns.
The bill has not made it to the floor or either chamber.
Below is what the bill would define as an assault weapon.
“assault weapon” means any of the following:
(1) a semiautomatic rifle that has the capacity to accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
(a) a pistol grip or thumbhole stock;
(b) a feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(c) a folding, telescoping, thumbhole or detachable stock or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size or any other dimension or otherwise enhances the concealability of the weapon;
(d) a flash suppressor;
(e) a grenade launcher; or
(f) a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(2) a semiautomatic rifle that has a fixed magazine with the capacity to accept more than ten rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;
(3) a semiautomatic pistol that has the capacity to accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
(a) a threaded barrel;
(b) a second pistol grip or another feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(c) a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(d) a flash suppressor;
(e) the capacity to accept a detachable magazine at some location outside of the pistol grip; or
(f) a buffer tube, arm brace or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder;
(4) a semiautomatic pistol that has a fixed magazine with the capacity to accept more than fifteen rounds;
(5) a shotgun with a revolving cylinder;
(6) a semiautomatic shotgun that has one or more of the following:
(a) a pistol grip or thumbhole stock;
(b) a feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(c) a folding or thumbhole stock;
(d) a grenade launcher;
(e) a fixed magazine with the capacity of more than five rounds; or
(f) the capacity to accept a detachable magazine;
(7) a semiautomatic firearm that has the capacity to accept a belt ammunition feeding device;
(8) a firearm that has been modified to be operable as an assault weapon as defined in this subsection; or
(9) a part or combination of parts designed or intended to convert a firearm into an assault weapon, including a combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person;
“assault weapon” does not include:
(1) a firearm that is an unserviceable firearm or has been made permanently inoperable;
(2) an antique firearm or a replica of an antique firearm; or
(3) a firearm that is manually operated by bolt, pump, lever or slide action, unless the firearm is a shotgun with a revolving cylinder;