New Mexico steps up on preventing gun violence
When Gov. Michelle Lujan Grisham declared a state of emergency in September, placing a temporary suspension on open and concealed carry of guns in Albuquerque and across Bernalillo County, the backlash was severe. One gunrights group filed a federal lawsuit within 24 hours of the order, hoping to block it from taking effect, according to The Associated Press. Bernalillo County Sheriff John Allen declared he would not enforce the executive order.
“This ban does nothing to curb gun violence,” he said during a news conference in September.
Though Lujan Grisham’s approach to checking gun violence in New Mexico was met with resistance, it is an issue the state needs to address; the governor declared an “epidemic” of gun violence for good reason.
In late summer and fall last year, three deaths shook New Mexico. On July 28, 13-year-old Amber Archuleta was shot and killed in Questa; police say a 14-year-old boy shot her while playing with his father’s gun. In Albuquerque, 5-year-old Galilea Samaniego was fatally shot in August; police say five teens opened fire on the trailer where she was sleeping. Most recently, 11-yearold Froylan Villegas was fatally shot in September as he left a baseball game at Albuquerque’s Isotopes Park.
The 2023 legislative session saw Lujan Grisham sign the Bennie Hargrove Gun Safety Act into law. The act requires gun owners to responsibly store their weapons, to keep their firearms out of the hands of their teens and children. Bennie Hargrove was only 13 when he was killed by a 14-year-old classmate, who shot him using his father’s gun at Washington Middle School in August 2021. Just months after its March 2023 passage, William Brown, the father of the 14-year-old boy accused in the Questa shooting, was charged under the act. Brown faces trial in June, according to KRQE.
In the 2024 legislative session, lawmakers passed additional measures in hopes of combating gun violence, though other legislation did not make it to the governor’s desk.
Senate Bill 5, sponsored by Sen. Peter Wirth and Rep. Reena Szczepanski of Santa Fe, Sen. Brenda G. McKenna of Corrales and Sen. Joseph Cervantes of Las Cruces, all Democrats, prohibits carrying firearms within 100 feet of a polling place.
“Guns and voting are a toxic mix. As elections have become known targets for threats and intimidation, it’s important we are enacting this legislation ahead of the upcoming election cycle,” lead sponsor Wirth said in a March news release from the Governor’s Office.
House Bill 129 was sponsored by Reps. Andrea Romero, D-Santa Fe; Dayan Hochman-Vigil, D-Albuquerque; and Cristina Parajon, D-Albuquerque; along with Sens. Linda M. Lopez, D-Albuquerque, and Cervantes. The bill originally outlined a law that would establish a 14-business-day waiting period to purchase a firearm. The bill was amended and passed establishing a seven-day waiting period.
“This seven-day cooling-off period will help prevent impulsive acts of violence and self-harm and give law enforcement the time they need to complete necessary background checks to keep New Mexicans safe,” Romero said in a March news release.
Other bills failed during the session, including House Bill 114, which would have established civil penalties for gun manufacturers and dealers for false advertising or failing to secure firearms in their shops. Those who opposed it warned the legislation could hurt the firearms industry.
In a column for the Albuquerque Journal published during the legislative session, New Mexico Firearms Association President Erik Rasmussen warned the bill “would destroy the firearms industry in New Mexico, and with it, [gun owners’] ability to lawfully exercise their Second Amendment rights to purchase and own firearms.”
House Bill 127, which also failed, pushed to increase the legal age to purchase firearms from 18 to 21. And House Bill 137, requiring semi-automatic rifles to have permanently fixed magazines of no more than 10 rounds, also failed.
Though only two of five significant gun law bills were passed in the 2024 legislative session, they represent a move in the right direction for New Mexico. As of 2021, New Mexico ranked third for most gun deaths per capita, according to the Centers for Disease Control and Prevention. Preventing further gun-related deaths and injury in our state should be a priority, especially considering the children and teens who have lost their lives to irresponsible gun ownership. American citizens have a right to bear arms; children have a right to live.