If enacted, SB427 would impact existing state laws governing firearm transactions by adding a layer of verification before sales can be finalized. This law would affect all sales except those conducted by federal firearms license holders and specific exemptions, such as transfers between law enforcement officers or immediate family members. The bill aims to close gaps in the current gun sale regulations and fortify the requirements for background checks. By mandating background checks before firearm transfer, the legislation would aim to reduce instances of firearms falling into the wrong hands and mitigate gun violence in the state.
Summary
Senate Bill 427, introduced by Joseph Cervantes, proposes the imposition of a mandatory waiting period for firearm sales in New Mexico. Specifically, the bill mandates that sales cannot be completed until a minimum period of fourteen days has passed from the initiation of a federal instant background check. This provision aims to enhance public safety by allowing time to ensure that potential buyers do not have prohibitive criminal backgrounds before they acquire a firearm. Further, the legislation outlines the responsibilities of sellers and buyers and establishes a framework for conducting background checks, including the collection of fees not exceeding $35.00 for these checks.
Contention
Notably, the bill has generated significant debate among lawmakers and the public. Supporters argue that the waiting period and mandatory checks are essential in preventing gun-related crimes and enhancing the safety of communities. Critics, however, contend that such measures could be construed as an infringement on Second Amendment rights and could create unnecessary hurdles for lawful gun purchasers. Additionally, opponents may argue that the bill does not effectively address underlying issues related to gun violence, suggesting that resources could be better spent on mental health initiatives or community safety programs.