HB 114: Promoting Reckless Lawsuits That Could Destroy the Lawful Firearms Industry in New Mexico
Dear editor, House Bill 114, a measure currently making its way through the legislative process, sweeps up lawful and legitimate firearms industry members in a web of subjective, vague civil law that applies only to them and no other industry – for now. HB 114 provides a model that can be used to bankrupt any industry disfavored by certain elected officials and activist groups.
Bad actors in any industry who engage in unfair or deceptive business practices are already held to account by the state’s Unfair Trade Practices Act. Federally licensed gun manufacturers and retailers who violate firearms laws commit federal felonies and face prison time, heavy fines, and revocation of their license by ATF.
HB 114 creates inventive public and private causes of action that could bankrupt the firearms industry. The bill declares the failure to exercise undefined “reasonable controls and practices” to be a public nuisance, terms that would be left up to the courts to interpret. The state attorney general or any district attorney may bring a civil action to abate the nuisance and seek civil penalties of $5,000 per violation. Lawsuits brought by private citizens would have no award limitations, nor would those legal actions require a show of actual harm or damages by the plaintiffs. Court costs and attorney fees would be awarded to prevailing plaintiffs, but not to successful defendants, setting up a low-risk-high-reward playing field for trial lawyers and anti-gun activists.
Lawmakers should focus on enforcing current laws against criminals and bad actors, and stop promoting reckless lawsuits to bankrupt legitimate firearms industry partners, Your constituents depend on local gun stores to exercise their Second Amendment right to purchase and own firearms.
Tom Kaye, Secretary of the New Mexico Firearms Industry Association New Mexico Firearm Legislation
Dear Editor Legislation should have the goal of clarity in leadership. Current proposed firearm legislation is divisive and deceitful.
House Bill 137 Gas-Operated Semiautomatic Firearm Exclusion Act is subdividing ownership of a firearm with a specific operating mechanism or appearance, with the purpose of excluding a popular AR-style firearm utilized by many New Mexicans in their recreation and daily lives. 'AR' does not mean 'assault rifle'. AR is an abbreviation for Armalite, the original manufacturer. The AR style firearm available to the public does not have an automatic firing mode that a military automatic firearm would have. It is not a 'machine gun'.
HB137 will from exclude ownership, manufacture, importation and transfer of ARstyle firearms. The divisiveness of this legislation, patterned after national legislation co-authored by Senator Martin Heinrich, is in the exceptions. The proposed exclusions would be applicable to currently owned firearms prior to January 1, 2025. Certain exclusions would include, 1) transfer of an excluded firearm to an immediate family member; 2) transferring an excluded firearm out of New Mexico or to a licensed firearm dealer. The use of the excluded firearms would be restricted to private lands, licensed firing ranges or sport shooting competition venues, excluding their use on public lands open to hunting.
Currently there is no clear identification of the firearms to be excluded. The legislation leaves the development of such a list to the Attorney General.
Lastly, the requirement of certification of each subject firearm to the State of New Mexico. The certification or registration of all legal ARstyle firearms in New Mexico owned or possessed prior to January 1, 2025. What purpose would such a certification/registration serve? Those individuals who possess and transfer the excluded firearms illegally will continue to do so. Failure to certify/register excluded firearms will make the lawabiding New Mexican guilty of a misdemeanor crime.
The AR-style firearm does have some positive attributes over the non-excluded bolt-action/ lever-action firearms. There is a marked reduction in the discharge recoil. For those individuals with certain medical conditions or of light stature, the reduction of discharge recoil and firearm weight is more easily tolerated in the neck and shoulders. and more easily handled and transported.
HB137 is an awkward attempt to copy national trends in dividng public opinion (i.e. virtue signaling). It does not bring more security or safety to the New Mexico population but divides us deeper.
Norman White Albuquerque, NM