Democratic state lawmakers in New Mexico have proposed a bill that would ban semiautomatic rifles.
State Sen. Debbie O’Malley is among several lawmakers championing the legislation, which would prohibit the sale or transfer of gas-operated semiautomatic rifles. She told reporters that the bill “allows people who already own assault weapons to keep their firearms, but you do have to go through a certification process, which they’ll basically have 10 months to complete.”
The bill, known as the “Gas-Operated Semiautomatic Firearms Exclusion Act, also prohibits large-capacity magazines, which it defines as devices that hold more than ten rounds. Of course, there are exceptions for members of law enforcement and the military.
The proposed measure states that “it is unlawful for a person to import, sell, manufacture, transfer or receive,” the forbidden firearms. The attorney general would be responsible for compiling a list of firearms that are to be banned.
Those who already own these types of guns can keep them only if they go through the certification process O’Malley mentioned. They must carry the certification forms on their person when they are using them outside of private property.
The attorney general would be tasked with developing the certification process. It would involve completing a certification form and submitting it to a licensed firearm dealer in the state or to the attorney general. This would essentially create a state registry of gun owners.
The measure also mandates that “Whoever commits or attempts to commit a felony offense while in possession of a gas-operated semiautomatic firearm or large-capacity ammunition feeding device… is guilty of a fourth degree felony.”
Those who own forbidden rifles when they move into New Mexico would have to complete the certification process within 60 days.
Democrats currently dominate the state House and Senate, meaning there is a decent chance the bill will pass unless residents make enough of a fuss about it. This is what happened when Gov. Michelle Lujan Grisham imposed a ban on carrying firearms in the city of Albuquerque in 2023.
A crowd of gun rights advocates showed up to protest the unconstitutional move. Even the local sheriff indicated he refused to enforce it. The governor was later forced to rescind most of the measure.
New Mexico gun owners rallied in Albuquerque today in open defiance of the NM Governor banning open and concealed carry firearms.
— Rochellemaryn 🌹🕊️ (@RochelleAz) September 10, 2023
Seems appropriate considering she openly DEFIED their Constitutional Rights.
This isn’t going to end well for Grisham.
pic.twitter.com/GgEQsCsdwf
The proposed legislation would be one of the most restrictive gun control laws in the nation, and it just might pass given the makeup of New Mexico's legislature.
However, even if the bill does pass, there is a high chance that it will succumb to legal challenges using the Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen, which requires local, state, and federal governments to prove that there is a historical precedent for banning these types of firearms.