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Gov. signs four bills aimed at reducing gun violence
New Mexico Governor Michelle Lujan Grisham signs Senate Bill 5 into law as co-sponsor Senate Maj. Floor Leader Peter Wirth, D-Santa Fe, left, applauds during a ceremony at West Mesa High School in Albuquerque on Monday. SB5 bans firearms near polling places, with an exception granted for concealed carry permit holders.
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A new joint fire, police and Albuquerque Community Safety center. A possible special session focused on crime and public safety. The signing of four bills geared at reducing gun violence and closing the “revolving door” of crime.
Monday was a busy day for public safety in Albuquerque and beyond.
Monday afternoon at West Mesa High School, Gov. Michelle Lujan Grisham signed a slew of public safety initiatives — including several bills she personally advocated, like a seven-day waiting period on firearm purchases and a pretrial detention bill.
But she said she hasn’t yet made up her mind about calling legislators back for a special session focused on reducing crime. She’s been speaking with leadership at the Roundhouse, she said, but cautioned that calling a session for the wrong reasons could have consequences.
“You likely get nothing in return,” Lujan Grisham said. “That’s not fair to New Mexicans.”
Albuquerque Mayor Tim Keller, a speaker at the bill signing, seemed enthusiastic about the idea of a session focused on public safety, clapping when Lujan Grisham said she was still “leaning” towards calling the session.
One of the measures Lujan Grisham said she would pursue during a special session would be a “civil competency” bill, which could require someone to seek behavioral health treatment – regardless of whether a crime was committed.
Lujan Grisham said the state already has “mandatory outpatient treatment,” but said it currently only applies to a narrow set of circumstances.
“There are individuals you see go through the ERs who we think are dangerous to themselves and others,” Lujan Grisham said. “A bill like that, I think, needs to be expanded with new definitions.”
When asked if the state’s behavioral health care system would be able to handle the changes, she said she believed so.
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She also brought up changes to criminal competency standards – which decide if someone accused of a crime is able to stand trial – and a ban on panhandling as policies she would push for in a special session. In 2019, an ordinance to ban panhandling passed by Albuquerque City Council was ruled unconstitutional by a senior U.S. District Judge.
Public safety bills signed
Lujan Grisham signed two gun control bills and two bills focused on the judicial system.
Seven-day waiting period for firearm purchases: The new law requires a weeklong cool-down period before a gun purchase goes through, which proponents say closes a loophole allowing guns to be sold before a buyer’s federal background check has been returned.
“That means a lot to those who have been affected by those who committed suicide,” said Rep. Andrea Romero, D-Santa Fe and one of the bill’s sponsors.
Banning guns from polling places: In a year with both presidential and state legislature races on the ballot, the new law bans guns within 100 feet of polling places, with a few exceptions. One major amendment included a carve-out for concealed carry permit holders.
Sen. Peter Wirth, D-Santa Fe, one of the bill’s sponsors, called it a “very important step as we head into this election cycle.”
“Guns and voting just don’t mix,” Wirth said.
Higher penalties for second-degree murder: The new law increases penalties for second-degree murder. One of the bill’s sponsors, Sen. Antonio “Moe” Maestas, D-Albuquerque, said this :
“Murder does not just affect the decedent, but it affects the family for three generations,” Maestas said. “... There’s a fine line between first- and second-degree murder – now, in our criminal code in New Mexico, first-degree murder and second-degree murder are the two worst penalties.”
Pretrial detention: If someone charged with a felony is released before trial and picks up another felony charge, that person can be held without bond until both charges are tried, according to the new law. When asked about a 2021 University of New Mexico report that found 95% of defendants in Bernalillo County released before trial did not pick up additional violent crime charges, Lujan Grisham had this to say:
“I don’t want to be one of those 5% where … my business has been robbed, my car has been stolen,” Lujan Grisham said. “We have to end the cycle.”
New public safety center headed for Albuquerque West Side: Monday morning, Keller and Lujan Grisham celebrated the groundbreaking of a public safety center on the West Side, which will house Albuquerque Community Safety, Albuquerque Fire Rescue and the Albuquerque Police Department.
Fire chief Emily Jaramillo said it was the first new fire station built in the city since 2005. City Councilor Klarissa Peña, who championed the center, was joined by several state senators and representatives who contributed state funding to its construction.
Peña described her personal experience with slow – and even confusing – emergency response times in the area. Jaramillo said the new center could reduce response times by at least four minutes.
