Gun bill sparks emotional debate at Roundhouse

SANTA FE — New Mexico lawmakers’ latest push to keep guns out of dangerous hands is causing a ruckus at the Roundhouse.

A Senate committee heard emotional pleas from supporters and opponents alike Wednesday on a Democratic-backed bill aimed at slowing the state's illegal gun trade by increasing security requirements for gun dealers and barring the sale of certain types of firearms.

After several hours of debate, the committee voted 6-4 along party lines — with Democrats voting in favor and Republicans in opposition — to advance the bill to its next assigned committee.

But the battle over the bill's fate could be just beginning. 

Republicans insisted the legislation would be unconstitutional if enacted, and House Republicans sent a letter to U.S. Assistant Attorney General Harmeet Dhillon on Wednesday asking the U.S. Department of Justice to closely monitor the legislation and weigh in if necessary.

"These restrictions directly conflict with established Supreme Court precedent recognizing that arms in common lawful use are protected by the Second Amendment," said the letter, which was signed by all 26 House Republicans.

On the other side, a group of advocates wearing red Moms Demand Action T-shirts, pleaded with legislators to support the bill, which they said would prevent illegal gun trafficking and keep firearms out of the wrong hands by strengthening dealer securities, among other measures.

"Increasing the accountability of licensed dealers to reduce illegal firearm distribution will reduce both the senseless loss of life and economic costs," said Amy Butel, one of the advocates who testified.

Several lawmakers also cited the 2023 attacks on several elected officials' homes in Albuquerque. The chairman of the Senate Health and Public Affairs Committee, Sen. Linda Lopez, D-Albuquerque, was among the officials targeted.

A former GOP state House candidate, Solomon Peña, was sentenced last year to 80 years in prison after being convicted of orchestrating the attacks.

Specifically, the bill, Senate Bill 17, would require licensed gun dealers to keep inventory records and implement security measures. Those regulatory requirements are similar to requirements imposed on recreational cannabis dispensaries authorized by the state.

It would also prohibit the sale or possession of certain "military-grade weapons," which include machine guns and gas-operated semiautomatic firearms.

The bill is sponsored by a group of Democratic lawmakers, including Sens. Debbie O'Malley and Heather Berghmans of Albuquerque.

Tony Long, chief deputy district attorney in Santa Fe, said the bill would provide both gun dealers and law enforcement the tools to prevent the flow of illegal firearms in and out of the state. He added that the bill would force gun owners to provide documents to law enforcement officials to better help solve crimes and find out more information about shootings.

However, critics of the bill say firearms dealers already must comply with strict federal tracking requirements for all guns. They have also cited existing federal and state laws targeting “straw purchases” of firearms, which occur when someone is paid to buy guns for another person.

The bill was prompted by a report issued last year by the New York-based Everytown for Gun Safety that found that of the 4,847 guns used in crimes in New Mexico that were recovered and traced by law enforcement officials, about 78% were originally purchased from licensed firearm dealers, primarily within the state.

Local gun dealers describe bill as misguided

Local gun shop owners insisted Wednesday the bill does nothing but harm the rights of citizens, while also being a detriment to firearms businesses in the state. 

“This is a way for them to impose undue regulations and undue stress,” said Arnie Gallegos, owner of Albuquerque gun shop ABQ Guns. “They’re basically wanting to shut down all gun shops and take away the ability for law-abiding citizens to defend themselves.”

Gallegos, a law enforcement officer who has owned the gun shop for 14 years and also offers concealed carry classes, said the bill would only propagate “anarchy” and promote the sale of firearms on the black market.

Gallegos said the cost and burden of complying with the proposed law would land on gun shop owners with little help or support.

“It’s going to cost anywhere from $20,000 to $30,000 to set up the security in the shop the way they want it, because they don’t even know how they want it,” he said. “There’s no guidelines or anything and then the law enforcement agency that’s going to run it can make up anything they want at any time and force us to follow up.”

The New Mexico Shooting Sports Association called the bill one of the “most sweeping gun control bills” in recent years and said it would do nothing to address criminal misuse of firearms, according to a statement posted on the association’s Facebook page.

“These provisions target law-abiding gun owners and small businesses, not criminals,” NMSSA said. “Public safety is achieved through enforcement, accountability and education — not blanket bans and overregulation.”

Bill latest in series of high-profile firearm proposals

The Legislature has already enacted several new laws dealing with guns since Gov. Michelle Lujan Grisham took office in 2019. That includes bills expanding mandatory background check requirements for firearm purchases and allowing guns to be seized from individuals deemed to pose a threat to themselves or others. 

However, the state’s 2024 law implementing a seven-day waiting period for gun purchases is in legal limbo after a Denver-based federal appeals court ruled last year the law was unconstitutional.

Lujan Grisham has thrown her support behind this year’s legislation, saying in her State of the State address to lawmakers last week that “nobody needs a body-shredding weapon for hunting or self-defense.”

Meanwhile, New Mexico’s firearm death rate was the nation’s fourth-highest as of 2023, according to research from Johns Hopkins’ Bloomberg School of Public Health. 

Of the 530 gun-related deaths in the state that year, there were slightly more suicides than homicides. In addition, firearm-related deaths represented the largest cause of death for state children between the ages of 1 and 17.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com. 

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.