Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Gun Owner Liability Legislation Introduced This Week in New Mexico

Friday, January 13, 2023

Gun Owner Liability Legislation Introduced This Week in New Mexico

On the heels of House Bill 50, NRA-opposed magazine limit legislation alerted on earlier this week, comes House Bill 9, gun owner liability legislation filed by State Rep. Pamela Herndon (D-ABQ).

A repeat bill from the 2022 session, House Bill 9 creates a fourth-degree felony penalty for a person who keeps or stores a firearm in a manner that negligently disregards a minor's ability to access that firearm and the minor accesses that firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person. If the same circumstances existed and the minor displays or brandishes the firearm in a threatening manner or causes injury to himself or another person not resulting in great bodily harm or death, the person is guilty of a misdemeanor. A person does not violate the provisions of the act if a minor obtained the firearm as a result of an illegal entry to the person's property; if the firearm was kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by the minor; if the firearm was carried on one's person or within close proximity of the person; if the firearm was locked with a firearm safety device that rendered the firearm inoperable; or if the minor obtained the firearm in the course of self-defense or defense of another person.

With no exception for consent or authorized use of firearms to offer protection from criminal liability, this measure could have a chilling effect on youths accessing firearms to engage in activities such as hunting or 4-H shooting sports and competitions. New Mexico law allows minors to own and possess long guns, and even handguns in some cases, for such activities.

There is also no educational or community outreach component to House Bill 9, such as NRA's Eddie Eagle child accident prevention program or the National Shooting Sports Foundation's Project ChildSafe firearms safety kit giveaways. New Mexico already has laws on the books to hold adults accountable for endangering a child. (NMSA Section 30-6-1, New Mexico’s Child Abuse/Abandonment statute). Under the law, it is a felony for a responsible person to knowingly, intentionally, or negligently, and without justifiable cause, cause or permit a child to be placed in a situation that may endanger the child’s life or health. Prosecutors have the tools, in appropriate cases, to hold parents, guardians or other custodians of children accountable when a child gains unauthorized access to a firearm and commits a crime or injures himself or someone else.

The New Mexico Legislature convenes on January 17, and will meet for 60 calendar days. Contact information is not yet available on http://www.nmlegis.gov for members of the 2023 House of Representatives. NRA-ILA will alert you as to when the website is updated and when HB 9 is set for a committee hearing!

TRENDING NOW
Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

News  

Monday, February 24, 2025

Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

“Lawfare” is the misuse of the legal system to damage political or business opponents, either through frivolous lawsuits in which the cost of defending becomes too much to bear or through the pursuit of political ...

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

News  

Monday, February 24, 2025

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

As NRA-ILA pointed out last week, the U.S. Supreme Court’s landmark ruling in New York State Rifle & Pistol Association v. Bruen (2022) has prompted a long-overdue reappraisal of the federal law as it pertains ...

Hogg Roasted Over Using DNC Resources to Raise Funds for His Own Project (and Employer)

News  

Monday, February 24, 2025

Hogg Roasted Over Using DNC Resources to Raise Funds for His Own Project (and Employer)

A few weeks ago, we noted that anti-gun activist David Hogg wanted to be a Democratic National Committee (DNC) vice chair.  We suggested caution be exercised before the DNC put an impulsive, often ill-informed individual with little ...

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Monday, February 24, 2025

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Today, Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, was removed from the hearing scheduled in the House Judiciary on March 4th.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Defending the Indefensible: Court Strikes Illinois FOID Card Law

News  

Tuesday, February 18, 2025

Defending the Indefensible: Court Strikes Illinois FOID Card Law

Lawmakers in Illinois have a long track record of irrational gun bans and restrictions based on the idea that public safety is best served by disarming criminals and law-abiding citizens alike, even if that means ...

New Jersey: Democrats Kick Gun Control Hornets’ Nest and This Time They May Get Stung

Wednesday, February 19, 2025

New Jersey: Democrats Kick Gun Control Hornets’ Nest and This Time They May Get Stung

Anti-gun Democrats in Trenton have wasted no time getting back to politics, again ignoring real issues faced by the citizens of New Jersey.  The Assembly Judiciary Committee has posted several gun control bills for a ...

Colorado: Semi-Auto Ban Turned Permit-to-Purchase Passes Senate

Tuesday, February 18, 2025

Colorado: Semi-Auto Ban Turned Permit-to-Purchase Passes Senate

On Tuesday, February 18th, the Senate passed the amended Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, by a vote of 19-15 with bipartisan opposition.

Colorado: Final House Vote on Age Restriction Bill Imminent

Saturday, February 22, 2025

Colorado: Final House Vote on Age Restriction Bill Imminent

Late Friday night, House Bill 25-1133 passed its second reading on the House floor, and is expected to come up for a final vote on Monday, February 24th.

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.