2A Watch: New Mexico is attempting to fast track a ban on 'gas-operated' semi-automatic firearms

The recent introduction of New Mexico House Bill 137 bans the sale of "gas-operated" semi-automatic firearms, and it will force current firearm owners to register their guns with the state.

Instead of calling it an assault weapons ban, they got creative and are calling it the "Gas-Operated Semi-automatic Firearms Exclusion Act." The act would make all semi-automatic gas-operated rifles, shotguns, and handguns illegal unless you register them or convert the firearm to have a bolted-in magazine that you cannot "easily" remove. It also makes "large capacity" magazines over 10 rounds for a rifle and 15 for handguns illegal.

Legislators are trying to fast-track it this month, and it is already being discussed in the Judiciary Committee over the next few days.

Last September, New Mexico Governor Grisham tried to ban carrying firearms because she personally thought it was a public health emergency. Raul Torrez, New Mexico's attorney general (AG), said he would not back or defend her in this case.

This time, New Mexico's Public Defender's Office (LOPD) said HB-137 would, "If enacted, the bill would prohibit a wide swath of semi-automatic weapons currently in use in the U.S. (such as the AR-15 rifle), even "virtually every type of semi-automatic rifle and many AR-type pistols."
 

Supporters say it is a much-needed step towards reducing gun violence, but critics question how a piece of legislation aimed at law-abiding citizens could effectively prevent criminals from obtaining firearms.

The bill would create a gun registry, which might lead to the government infringing on the privacy and rights of gun owners. Not to mention, a registry under federal law is illegal, but we all know criminals will run out and be the first to register their guns.

The state of Illinois required gun registration for what it refers to as "assault weapons" by the beginning of the year, but there was widespread noncompliance.

New Mexico's Public Defender's Office (LOPD), in their review, said, "Given widespread non-compliance should the bill be enacted (even 'civil disobedience'), there is potentially a substantial, but unquantifiable, increase in public defender workload and concomitant expenses," and they continued by pointing out that all this bill creates new crimes.

Instead of putting more effort into prosecuting criminals, they think adding more hurdles for people already following the laws will work better.

This type of ban goes against the Second Amendment Article II, § 6 of the Constitution of New Mexico, which provides: "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use, and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

Yet according to New Mexico's Department of Public Safety, "this bill does not run afoul of the Second Amendment" because it is "focusing on particularly dangerous weapons." Then again, the agency referenced a magazine as a clip, so you have to wonder how much they know about firearms.

The bill will only make it more difficult for law-abiding citizens to protect themselves and their families. Once again, Governor Grisham is coming for your guns.