The New Mexico Senate Judiciary Committee gathered recently to find out how much latitude they have to regulate guns after last year’s bombshell Second Amendment ruling from the Supreme Court.
Most sound confused. Some seem to be unaware that the law passed may not hold up in court if similar regulations were not on the books in the 18th century. One lawmaker called the ruling “remembering.” Others asked whether their authority is now limited to regulating firearms “where you have to manually load gunpowder.”
New Mexico’s legislative session last month opened with gun reform on the agenda. After a series of politically motivated shootings at the homes of Democratic legislators in Albuquerque, Gov. Michelle Luján Grisham (D) called series Firearms restrictions, including a ban on assault weapons, in his State of the State address in January.
But with weeks left to go before the session ends, lawmakers are cautiously approaching the gun bill and are wary of passing laws that will run afoul of the Supreme Court, which has taken a firm stand on the side of gun rights. The Legislature is likely to pass some gun reform before the session ends, but lawmakers say assault weapons bans won’t hold up in court, and they’re unsure about proposals to raise the age to buy some types of firearms. 18 to 21.
“What I hope we don’t do is lead the public to believe that we’re doing something, knowing full well that what we’re doing is having no effect,” said Joseph Cervantes, chairman of the state Senate Judiciary Committee. at a hearing last month. “I think it hurts people.
The push for reform in New Mexico highlights how the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen, who overturned a narrow provision of New York’s concealed carry law, not only repealed the gun ban — it also prevented people from passing it in the first place.
“That Bridge ruling will hurt us for decades,” said Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence. “This will be an excuse for every conservative Democrat who doesn’t want to pass common sense gun laws.”
The majority opinion, authored by Justice Clarence Thomas, directed federal courts not to consider state government security issues when considering the constitutionality of gun bans.
However, judges must examine the text of the Second Amendment alone to judge whether gun restrictions violate the Constitution. The main exception that Thomas envisions is a gun ban with historical precedent, ideally one that dates back to the Bill of Rights in 1791.
The Supreme Court then sent the four gun cases back to lower courts for retrials. The cases, which have yet to be decided, cover magazine limits in California and New York, assault weapons bans in Maryland and concealed-carry laws in Hawaii — raising the possibility that the court will strike down several other important reform laws common in blue states. .
Facing a more conservative Supreme Court, some Democratic-led states like New York and California are still tougher on gun restrictions, suggesting that states with more gun control also have lower rates of gun violence and mass shootings.
But while Democrats dominate both chambers of the New Mexico legislature and hold the governorship, guns remain popular in the sparsely populated and largely rural state. So it was a tall order when Luján Grisham demanded a comprehensive gun reform package, ending with a ban on assault weapons — even before the chilling effects of Bruen..
However, a bill holding adults responsible for releasing firearms into the hands of children will pass. Others who require a 14-day waiting period to buy a gun can squeak through. And the bill increasing the responsibility for gun manufacturers also still has a chance.
Luján Grisham, for his part, has unwilling to admit defeat on the assault weapons ban, hinting last week during a speech to a group of school children in the possibility of calling a special session to push it through. The New Mexico legislature usually meets once a year for two and a half months.
“How many of you have a constitutional right to be safe in school?” Luján Grisham asked the children. “I have that right too.”