Home  >  New Mexico  >  Miguel Garcia to introduce gun control bill

Miguel Garcia to introduce gun control bill

By   /   January 4, 2013  /   No Comments

gun showDiane Feinstein is introducing a bill in the US Senate to try to ban assault weapons.

Now, here in New Mexico, state Rep. Miguel Garcia (D-Albququerque) says he’ll introduce his own bill aimed at closing what gun control advocates call the “gun show loophole.”

“Our Wild West days are over,” Rep. Garcia said in a statement Friday (Jan. 4) promoting his legislation that would require background checks for those who have felony records or have been adjudicated as mentally incompetent.

“This will help curb the flow of readily available guns and assault weapons,” Garcia said at a Roundhouse news conference.

But if the bill passed would it really prevent mass shootings such as the incident last month in Newtown, Conn.? After all, Connecticut has very strict gun control laws on the books.

“If we’re able to keep one individual from being injured,” Garcia said, “one individual from being killed because of our lack of intestinal fortitude to provide for background checks on the purchaes of a weapon at gun show, to provide background checks upon the purchase of a weapon by an individual seller, if it’s just one person who is not injured or one person is who not killed, that itself is an accomplishment.”

Garcia’s proposed bill — called the Firearm Transfer Act — would require background checks at gun shows in New Mexico as well as instituting background checks on those who buy guns in private transactions.

The legislation would have the Department of Public Safety establish a hotline that would be open seven days a week to respond to background checks made at gun shows and private transactions.

Garcia said he didn’t have an approximate figure on the cost of his bill but “we have a sense it will not be that expensive,” he said. “There’s already a focus on the part of the (Department of Public Safety) to address the key elements.”

The 60-day legislative session begins on Jan. 15 and Garcia says he will introduce his bill Jan. 16.

Gun control laws haven’t had much of any success in New Mexico in recent years. When asked to judge his bill’s chances of becoming law, Garcia said, “We’re hopeful for the best outcome. That’s not to say there won’t be obstacles (but) we’re willing to work with the opposition.”

***

Here’s our video of Garcia talking about the bill and being asked about whether it would really make a difference:

 

Click here to LEARN HOW TO STEAL OUR STUFF!

Rob Nikolewski is an investigative reporter for Watchdog.org based in Santa Fe, N.M. Contact him at rnikolewski@watchdog.org and follow him on Twitter @NMWatchdog.

  • L.E. Liesner

    The only thing Mr. Garcia hasn’t figured out is, if this country is going to suvive , it is not only the wild west that has to come alive, but the rest of the country too. Government creates problems not solutions and liberalism can only servive on the problems they create.

  • John J

    This person has not Idea there is no gunshow loop hole. And to have Department of Public Safety establish a hotline to do back ground checks is a joke there is already the NCIS check that every gun owner has to go thru when they buy a weapon

  • Wag

    John J, it’s NICS check.

    In private sale transactions, no NICS check is currently required. I think people are pretty stupid to buy or sell a gun without it but that’s just a practicality, not a legality.

    It’s a mixed issue. On the one hand, if we require NICS checks in a gun store, there is a rationale behind that. Consistency demands that we require them for private sales as well. Or that we stop requiring them at gun stores.

    No matter what, though, it won’t stop criminals. Laws don’t stop criminals. That doesn’t mean we stop making laws but they really do need to be more well thought out than emotional gut reactions by lawmakers.

    –Wag–

  • John

    LOL thanks Wag I really should watch TV while typing

  • Rick

    Apart and aside from Mr. Garcia’s naked pandering, his choice of an emotional argument over an intellectual one is no surprise. He’s just the latest lib to jump on the bandwagon. C’mon, Miguel, you’re better than that… OK, maybe not.

    A couple of questions Representative Garcia: Where do you get your firearms knowledge? Do you know what an “assault weapon” is or do you just parrot what you hear on MSNBC? Did you get the “Wild West is Over” rhetoric from the Brady Campaign or from Illegal Mayors against Guns? As a New Mexican, are you aware of the difference in actual power between your so-called “assault weapons” and the average firearm used by every deer and elk hunter in the State of New Mexico?

    Your second emotionally charged but factually vacuous statement:

    If we’re able to keep one individual from being injured, one individual from being killed because of our lack of intestinal fortitude to provide for background checks on the purchase of a weapon at gun show, to provide background checks upon the purchase of a weapon by an individual seller, if it’s just one person who is not injured or one person is who not killed, that itself is an accomplishment.

    …Is nonsense.

    Using that logic, we need to ban and confiscate every car, truck, motorcycle and bicycle in the State because I can guarantee you that someone would be saved from the next DWI offender if you did. I promise. Let’s see you sponsor legislation to that effect, Mr. Garcia. We could go on for awhile about common sense vs. NM DWI laws and the lame analogies to motor vehicles used by the anti-Second Amendment contingent every time the subject arises…but we won’t.

    I’m going to surprise(and likely upset) some Second Amendment supporters and say that I actually do not have a problem with private sales being required to have a NICS clearance. However, if we are going to legislate that, it should also be required that all transactions go through a Federal Firearms Licensee (FFL). That is the only way a NICS clearance can be accomplished without requiring the State of New Mexico to establish its own background check system as some other states have because NICS is only available to FFLs. The last thing this state needs is another agency and more bodies on the payroll. (Full disclosure: I am an FFL-holder and make my living as such)

    If you really want to help, and not just be the first one on your legislative block to put forth a “me too” anti-gun bill, why don’t you ask the experts…the LEGAL and RESPONSIBLE gun owners in the State of New Mexico? While some politicians are posturing, we who cherish our freedom could be the best allies in any effort to stem the illegal sale and the misuse of firearms. No responsible firearms owner ever wants to see any harm come to our fellow citizens – least of all to our children – than the legal and responsible firearms owner.

    Yours in Freedom,

    Rick

    Rio Rancho

  • Rick

    A couple of questions Representative Garcia: Where do you get your firearms knowledge? Do you know what an “assault weapon” is or do you just parrot what you hear on MSNBC? Did you get the “Wild West is Over” rhetoric from the Brady Campaign or from Illegal Mayors against Guns? As a New Mexican, are you aware of the difference in actual power between your so-called “assault weapons” and the average firearm used by every deer and elk hunter in the State of New Mexico?

    Your second emotionally charged but factually vacuous statement:

    If we’re able to keep one individual from being injured, one individual from being killed because of our lack of intestinal fortitude to provide for background checks on the purchase of a weapon at gun show, to provide background checks upon the purchase of a weapon by an individual seller, if it’s just one person who is not injured or one person is who not killed, that itself is an accomplishment.

    …Is nonsense.

    Using that logic, we need to ban and confiscate every car, truck, motorcycle and bicycle in the State because I can guarantee you that someone would be saved from the next DWI offender if you did. I promise. Let’s see you sponsor legislation to that effect, Mr. Garcia. We could go on for awhile about common sense vs. NM DWI laws and the lame analogies to motor vehicles used by the anti-Second Amendment contingent every time the subject arises…but we won’t.

    I’m going to surprise (and likely upset) some Second Amendment supporters and say that I actually do not have a problem with private sales being required to have a NICS clearance. However, if we are going to legislate that, it should also be required that all transactions go through a Federal Firearms Licensee (FFL). That is the only way a NICS clearance can be accomplished without requiring the State of New Mexico to establish its own background check system as some other states have because NICS is only available to FFLs. The last thing this state needs is another agency and more bodies on the payroll. (Full disclosure: I am an FFL-holder and make my living as such)

    If you really want to help, and not just be the first one on your legislative block to put forth a “me too” anti-gun bill, why don’t you ask the experts…the LEGAL and RESPONSIBLE gun owners in the State of New Mexico? While some politicians are posturing, we who cherish our freedom could be the best allies in any effort to stem the illegal sale and the misuse of firearms. No responsible firearms owner ever wants to see any harm come to our fellow citizens – least of all to our children.

    Yours in Freedom,

    Rick

    Rio Rancho

  • Dave

    Well said Rick, it’s terrible that these empty suits have taken the government into their own hands. To feel that the Constitution no longer applies to the ones that have fought for their freedom to be so ignorant in front of a camera. This is the very ignorance and elitist attitude that is driving the true American people to a viable solution to removing the problem.

    Mr. Garcia, how many armed guards are following you around everywhere you go? I am sure that for your protection, there is no gun too dangerous to use.

    If you could possibly get someone to read the Constitution to you one word at a time so you can comprehend, we have the right to protect ourselves from your will to control us. We have made America the greatest country in the world, and we are going to keep it that way, with or without the ignorance of you and the like.

  • Tim

    Seriously, I commend those who are actively seeking a way to prevent another lunatic from using a gun to kill some innocent(s). However, Mr Garcia’s proposal is a non-starter. First off, we can’t afford to have another state sponsored “jobs program” that adds more expenditure to an already challenged budget. Secondarily, how in the world could you possibly hope to enforce this proposal? How could anyone know whether I sold a gun to my neighbor, or not. Third, will this also function as a method of seeing if the guy down the street is a nut job?

    Since this would theoretically be voluntary compliance might I ask how many criminals voluntarily comply with existing laws? Will we be creating more criminals by enacting some lame, feel good legislation that has no potential to actually fix anything?

    Please tread carefully on this path. There is a tar pit at the end of it…

    Regards

    Tim

    I submit that we deliberately and actively enforce/prosecute existing guns laws. If the judiciary would quit playing with criminals and start hammering them then maybe, just maybe some of this nonsense would stop.

  • George

    Laws are only as good as though willing to obey them – prohibition ring any bells? If government wants to curb things, start by putting money into prisons so that when those that are arrested can be convicted and serve real sentences; continue by stopping the support of illegal substances by offering excuses and subsidies for drug abuse; finish by applying our tax dolalrs to support legislation on the books instead of continually reinventing the wheel. Guns don’t kill people, people kill people and the push to disarm American citizens from any direction possible does nothing more than continue to gut the Constitution of the United States of America.

  • perlhaqr

    Rick: I’ll agree to forcing transactions between private individuals to go through a third party (like an FFL) for an NICS check if the law includes a provision requiring FFLs to provide the service for free.

    Hey, if you’re going to gore my ox a litte, I want to make sure your ox gets gored a bit too.

    Alternatively, we could just agree to not turn on each other like starving dogs, and go after the real enemy; The folks who want to restrict our natural right to self-defence, and the tools with which to accomplish that.

  • Dale

    NICs checks can’t be used by anyone other than a FFL holder so this would force all private sales through a FFL. You would not be allowed to sell your firearm without paying a third party for the privilege. Rep. Garcia suggests handing the check off to DPS and they don’t have the funding or the manpower to handle that task.

x

Join other concerned citizens who get the latest updates from Watchdog.org on government waste, fraud, or abuse.


Read stories like:

Enter your email and stay on top of the news that matters.