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By Robert Nott, The Santa Fe New Mexican | Little has stirred up legislative debate this year more than the issue of guns — particularly at the intersection where gun rights and gun safety often collide.
“This bill will save lives, and we look forward to passing this bill in commemoration of all the memories of those who have passed,” said Rep. Andrea Romero, D-Santa Fe, one of the main sponsors of a bill to impose a seven-day waiting period on the sale of any firearms in New Mexico.
The House passed House Bill 129 on a 37-33 vote Friday, as eight Democrats joined the 25 Republicans in opposing it. The bill — the second of numerous gun control proposals introduced this year to clear one full chamber of the Legislature — now goes to the Senate for consideration.
Republicans who spoke against it called it yet another attempt to penalize law-abiding gun owners while doing nothing to sway criminals from getting their hands on firearms.
“You keep coming for us and never the criminals,” said Rep. Stefani Lord, R-Sandia Park, an avid proponent of gun rights.
As it was, House Republicans worked to draw out the debate for as long as they could in an effort to stall Democrats — who outnumber them 45-25 in the chamber — from moving forward on the bill, one of several contentious pieces of legislation aimed at dealing with gun violence.
After almost three hours of debate, Rep. Bill Rehm, R-Albuquerque, issued a “call of the House,” a procedural maneuver that requires every member of the chamber to be present for a vote. Such actions usually bring a touch of flurry to floor debates as legislative aides scramble to find missing lawmakers and lock the doors to the chamber so no one can get out.
Senate Republicans pulled a similar move last week over a bill prohibiting carrying of a firearm within 100 feet of a polling site. The Senate eventually voted to pass that bill out of its chamber.
The original HB 129 called for a 14-day waiting period, but midway through Friday’s floor debate on the bill, the House accepted the seven-day amendment pitched by Rep. Art De La Cruz, D-Albuquerque.
“I am inclined to support the waiting period,” he said. “It is the length of time that is concerning.”
That amendment survived a narrow vote of 35-34 as nine Democrats joined the House Republicans in opposing it while one lawmaker — Rep. Anthony Allison, D-Fruitland — was absent during the vote.
HB 129 is one of several controversial gun control measures that have dominated much of the discussion during this year’s 30-day legislative session as lawmakers grapple with gun violence and crime.
It would require a gun seller to keep the firearm in question until a federal background check of the buyer is completed — ideally within that seven-day waiting period.
According to the bill’s fiscal impact report, the state Department of Health reported 550 firearm-related deaths in New Mexico in 2022, including 295 suicides.
The fiscal impact report says according to a “2023 meta-analysis of research evidence on the effects of gun policies in the United States from the Rand Corporation,” there is “moderate evidence” waiting periods decrease firearm suicides and overall homicides and “limited evidence” they “decrease total suicides and decrease firearm homicides.”
Any sale violating the provisions of the bill, if it becomes law, would result in a misdemeanor charge — punishable by up to a year in jail and/or a $1,000 fine — for each offense. An exception is carved out for gun sales between immediate family members.
Romero said HB 129 will help close the “loophole” in federal law that lets a gun seller turn over a gun if a background check isn’t completed within three days and ensure authorities have enough time to conduct background checks on people trying to buy guns.
Supporters of HB 129 said it can save lives when it comes to stopping people from acting impetuously to buy a gun to hurt themselves or others. Opponents said the extra waiting period could put people who want to protect themselves at risk against criminals, stalkers or partners in a domestic violence situation.
Rep. John Block, R-Alamogordo, said there are some people who may feel a sense of immediate threat from someone who want to purchase a firearm quickly to protect themselves.
“That’s a huge hole in the bill,” he said.
Other House Republicans argued bill — regardless of it being a seven or 14-day waiting period — infringes on the rights of law-abiding, responsible gun owners.
Rep. Jim Townsend, R-Artesia, said it might be best if they imposed a waiting period on the Legislature before acting on the bill.
“Maybe we are the ones who are acting illogically,” Townsend said, adding perhaps some lawmakers believe “criminals are going to pay attention to this law. They don’t pay attention to the rest of them, but they’re going to pay attention to this one.”
According to data from the Giffords Law Center to Prevent Gun Violence, a number of other states have imposed waiting periods to buy firearms. Those range from three days in Colorado to 14 days in Hawaii.
Last year Minnesota extended the waiting period for purchases of handguns and assault weapons from dealers from seven days to 30 days.
Previous efforts to impose longer waiting periods for firearm sales in the Legislature have failed, as have other gun control measures such as proposed assault weapons bans.