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New Mexico Waiting Period Bill Heads To Governor

Mark Chesnut - comments No comments

We told you recently about a measure under consideration in New Mexico that would place a waiting period on gun purchases even after the buyer had passed the federal background check.

On Feb. 12, a somewhat watered down but equally unconstitutional background check bill, which had been amended in the state Senate, was approved by the state House of Representatives and is now headed to anti-gun Gov. Michelle Lujan Grisham’s desk for nearly certain approval.

The final version of HB 129 sent to Gov. Lujan Grisham mandates a seven-day waiting period on any gun buyer, other than a concealed handgun license holder, who clears an FBI background check to purchase a gun.

The legislation also states: “If the required federal instant background check has not been completed within twenty days, the seller may transfer the firearm to the buyer.” Under current federal law, if there is a NICS delay and it doesn’t respond within three days of the background check, the FFL can choose to complete the transaction.

One thing the N.M. legislature apparently failed to consider in fast-tracking the measure is that waiting periods do not change the background check process. No additional investigative measures are taken no matter how long of a waiting period is imposed.

Also, according to NRA-ILA’s fact sheet on waiting periods, there is no evidence that waiting periods reduce suicides, homicides or mass shootings. No studies that identify causal effects have been identified by any of the independent literature reviews conducted since 2004.

Unfortunately for New Mexico gun owners and future gun owners, Gov. Lujan Grisham will almost certainly sign the measure. She listed a 14-day gun purchase waiting period on her extensive wish list of anti-gun legislative at the start of the legislative session last month.

Most readers will likely remember Gov. Lujan Grisham as the tyrant who last year instituted, and re-instituted, a 30-day ban on concealed and open carry of firearms in parks in Albuquerque and surrounding Bernalillo County.

Another anti-gun measure is also making its way through the legislation process in the Land of Enchantment. Senate Bill 5 would create “gun-free” zones around polling places, alternative voting locations, mobile voting sites and ballot drop boxes, including for citizens who have a concealed handgun permit.

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