Bill that would have banned 'extremely dangerous weapons,' tightened dealer security confirmed dead

SANTA FE — A Senate bill that would have outlawed certain semi-automatic firearms capable of discharging dozens of rounds per minute and imposed new security measures on gun dealers has died, a lead sponsor of the legislation confirmed.

Sen. Debbie O’Malley, D-Albuquerque, told the Journal on Wednesday that the sweeping gun control bill, Senate Bill 17, will not advance further in the current 30-day session, which ends at noon Thursday.

"There’s so many bills, and they can get delayed because of, you know, a lot of questions, sadly,” she said. “But we’re not giving up.”

Rumors that SB 17 would not advance to the House floor began to circulate after the chamber's Judiciary Committee failed to vote on the measure in a late-night hearing Monday that extended into the early hours of Tuesday morning.

"Over 500 New Mexicans are killed by guns every year, and every single year we find more assault weapons in the commission of a crime in New Mexico," said Rep. Andrea Romero, D-Santa Fe, who co-sponsored the bill, which passed the Senate with a 21-17 vote last week following hours of debate.

Romero called for additional time to review eight new amendments lawmakers filed for the bill, delaying a vote early Tuesday morning and casting doubt on whether SB 17 would move forward as the session entered its final days.

One of the proposed amendments sought to reconcile a conflict between federal law and the proposed legislation, which would have inadvertently restricted individuals from retrieving firearms stored temporarily at pawn shops.

"As drafted, Senate Bill 17 creates an unintended conflict that could limit a law-abiding citizen's ability to redeem their own personal property," said Tony Tanner, owner of T&R Trading in Gallup. "We look forward to continue working with the sponsors to resolve these issues."

Several members of the public who attended the late-night hearing spoke against the bill, arguing it imposed unfair restrictions on average citizens and added unreasonable new security measures for gun dealers, such as requiring the retention of up to two years of video surveillance to assist in the investigation of crimes, such as firearm thefts.

The bill would have required gun dealers to retain inventory records and implement new security measures, such as those required at cannabis dispensaries across the state.

"The video surveillance mandate alone could destroy my business," said Amanda Flores, a second-generation New Mexico gun dealer. "Requiring two years of video retention places an extreme burden on small businesses."

Sponsors of the bill said tightened security at gun shops was crucial to combatting illegal firearms trafficking, which several gun dealers said rarely involves their businesses, despite cases of break-ins at gun stores across the state.

Moms Demand Action and Students Demand Action counterprotested firearms rights groups at the Roundhouse as SB 17 moved through the session this year.

"SB 17 is a critical gun trafficking bill designed to stop the flow of trafficked guns, hold irresponsible gun dealers accountable, and keep the most dangerous weapons out of the hands of criminals and teenagers," reads a news release Moms Demand Action issued after the bill advanced out of the Senate last week.

Zachary Fort, president of the New Mexico Shooting Sports Association, echoed guns rights advocacy groups from across the country who have taken a hard line against firearms regulations, arguing that SB 17 would not have gotten to the heart of rising rates of gun violence across the U.S.

"We are firmly opposed to specific bans on specific firearms," he told the Journal in a phone interview Wednesday afternoon. "We strongly believe that accountability needs to be for the people who commit acts of violence. The best way to do that is to ... hold people accountable and not just kind of try to attempt to ban broad categories of firearms."

A Federal Assault Weapons Ban enacted by Congress in 1994 expired in 2004, leaving the question to states, several of which have outlawed specific types of high-firepower semi-automatic weapons, including Washington, D.C.

O'Malley said despite the uphill battle SB 17 faced this session that she will try again in the future.

"I don't feel we can give up," she said. "I really feel like we need to do it on behalf of our communities and children, families."

 News Editor Matthew Reisen contributed to this report.

John Miller is the Albuquerque Journal’s northern New Mexico correspondent. He can be reached at jmiller@abqjournal.com.