RECENT COURT DECISIONS ON THREE KEY SECOND AMENDMENT ISSUES   From felony bans to waiting periods and permit fees, courts across the country are addressing the limits of an individual’s rights under the Second Amendment, with varying outcomes. In Vincent v. Bondi, the Court of Appeals for the Tenth Circuit (with jurisdiction over the Mountain West and Plains States and headquartered in Colorado) reaffirmed its stance that felons — violent or not — can still be barred from firearm possession. Meanwhile, in Beckwith v. Frey, a federal district court in Maine granted a preliminary injunction against the state’s 72-hour waiting period law, finding it an unconstitutional burden on an individual’s rights. And finally, in People v. Brown, an Illinois state court struck down the state’s Firearm Owner’s Identification (“FOID”) card requirement, holding that forcing law-abiding citizens to pay fees to exercise their Second Amendment rights is unconstitutional. These cases highlight ongoing legal battles shaping the future of Second Amendment related rights in America as a result of two recent cases decided by the United States Supreme Court.   In Vincent v. Bondi, the plaintiff challenged her prohibition on firearm possession under 18 U.S.C. § 922(g)(1) due to her conviction for bank fraud, a non-violent crime. The Tenth Circuit, which had previously upheld the prohibition, heard the matter again because the Supreme Court had agreed to review the first decision, but then sent it back to the Tenth Circuit to review again following the Supreme Court’s holding in United States v. Rahimi. Ultimately, the Tenth Circuit panel reaffirmed its prior decision finding that longstanding prohibitions on felons, violent or non-violent, possessing firearms is constitutional. The Tenth Circuit panel further found that Rahimi did not change its analysis, and ultimately rejected Vincent’s argument.   In Beckwith v. Frey, a judge from the U.S. District Court for Maine was asked to review whether the state’s new law requiring a 72-hour waiting period before delivery of a firearm was unconstitutional. The plaintiffs, including firearm dealers and individuals seeking to purchase firearms, sought a preliminary injunction and argued that the law violates the Second Amendment. The court ruled that the law lacks narrow, objective, and definite standards, and that its blanket application contradicts constitutional protections. Significantly, the court found that even this temporary deprivation of the Second Amendment would result in irreparable injury. While the plaintiffs were able to secure the early injunction, the matter will now continue into discovery, and ultimately, a final decision.   Finally, in People v. Brown, a state court judge was asked to review an Illinois law that requires any person who possesses a firearm to hold a FOID card. The defendant, who had no criminal record and was otherwise eligible to have and possess a firearm and obtain a FOID card pursuant to Illinois law, was charged with possession of a firearm in her own home without having a FOID card. Ultimately, the court found these requirements unconstitutional “on their face and as applied to law-abiding citizens,”  and that defendant’s activity of simply possessing a firearm within the confines of her home is an act protected by the Second Amendment, for which she cannot be criminally charged. Significantly, the court even took issue with the fees associated with the FOID card and held that “any fee associated with exercising the core fundamental constitutional right of armed self-defense within the confines of one’s home violates the Second Amendment.”   Renzulli Law Firm will continue to monitor these cases and provide future updates as they are received. If you have any questions about cases involving the Second Amendment or the firearms industry, please contact John F. Renzulli or Christopher Renzulli. Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on the Firm’s website.    Our firearms legislation updates are available here.  Additional information about the Firm’s litigation, counseling and consulting services for the Firearms Industry is available here.

After two weeks of relative calm, gun bills are once again moving quickly around the Roundhouse as we enter the fast-moving second half of the sixty-day session. After being introduced last minute and scheduled quickly for its first committee hearing, SB507, a significant rewrite of New Mexico’s Concealed Handgun Carry Act, will be in its second committee tomorrow afternoon. The bill proposes changes to concealed carry laws we have supported in the past, including eliminating the two-year refresher requirement, but we are concerned that the bill could interfere with reciprocity agreements as it strikes much of that language from the act. The bill will be in the Senate Judiciary Committee tomorrow, 2/26, in Room 321 after the floor session ends in the afternoon (times can widely vary at this point in the legislative session) (Zoom Link). A new bill on the House Side, HB470, was also introduced right at the filing deadline. The bill would add a section to New Mexico’s child abuse statues to make it a crime of child abuse for a minor to have access to a firearm without supervision by their parent, guardian or authorized adult. That bill will be in the House Consumer and Public Affairs Committee on Thursday February 27, in Room 317 after the House Floor session (Zoom Link). After sitting on the House Floor for weeks, HB12, the “red-flag” gun confiscation law expansion was brought up for a vote today (vote count). The bill was passed and now heads to the Senate Side. Senate Judiciary Committee Senate Judiciary Committee Senator Joseph Cervantes – (D) joseph.cervantes@nmlegis.gov 505-986-4861 Senator Katy M. Duhigg – (D) katy.duhigg@nmlegis.gov 505-986-4270 Senator Mimi Stewart – (D) mimi.stewart@nmlegis.gov 505-986-4734 Senator Peter Wirth – (D) peter.wirth@nmlegis.gov 505-986-4727 Senator Antonio Maestas – (D) antonio.maestas@nmlegis.gov 505-986-4373 Senator Crystal Brantley – (R) crystal.brantley@nmlegis.gov 505-986-4369 Senator Debbie O’Malley – (D) debbie.o’malley@nmlegis.gov 505-986-4301 Senator Nicholas A. Paul – (R) nicholas.paul@nmlegis.gov 505-986-4395 Senator Anthony L. Thornton – (R) anthony.thornton@nmlegis.gov 505-986-4274 House Consumer and Public Affairs Committee Joanne J. Ferrary – (D) 505-986-4844 joanne.ferrary@nmlegis.gov Angelica Rubio – (D) 505-986-4210 angelica.rubio@nmlegis.gov Stefani Lord – (R) 505-986-4453 info@lord2020.com John Block – (R) 505-986-4453 John.Block@nmlegis.gov Catherine J. Cullen – (R) catherine.cullen@nmlegis.gov Andrea Romero – (D) 505-986-4243 andrea@andrearomero.com Elizabeth “Liz” Thomson – (D) 505-986-4425 liz.thomson@nmlegis.gov

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Three new gun control bills have been filed, including one of the bills we have been anticipating. First, SB279, a ban on the sale or transfer of semiautomatic rifles was filed today. The bill would also ban the sale or transfer of all magazines that hold more than ten rounds. The first stop for the bill will be the Senate Judiciary Committee. Second, SB244, a ban on minors possessing firearms with exemptions was filed. That bill is also before the Senate Judiciary Committee. Third, SB255, modifies New Mexico’s private firearm sale background check law to attempt to create criminal liability for social media companies or websites that “facilitate” unlawful firearm transfers. That bill has been sent to the Senate Health and Public Affairs Committee.  Tomorrow, Wednesday 2/5, HB12, the expansion of New Mexico’s “red-flag” gun confiscation law will be heard in the House Judiciary Committee. Here is a pre-written email to send to committee members asking them to oppose the bill. The meeting is at 1:30pm in Room 309 (Zoom link). On Friday, 2/7, the House Judiciary Committee will be hearing HB38, the “weapon conversion device” ban. The meeting will be at 1:30pm in Room 309 as well (Zoom link). Today, in the House Consumer and Public Affairs Committee, HB83, permitless concealed carry, was tabled on a party-line vote. Those voting against the bill didn’t debate the bill or ask questions of the sponsor, Representative Block. Finally, yesterday in the House Commerce & Economic Development Committee, HB202, the gun safe tax credit bill, was unanimously passed. The next stop for the bill is the House Taxation and Revenue Committee. Senate Judiciary Committee Senator Joseph Cervantes – (D) joseph.cervantes@nmlegis.gov 505-986-4861 Senator Katy M. Duhigg – (D) katy.duhigg@nmlegis.gov 505-986-4270 Senator Mimi Stewart – (D) mimi.stewart@nmlegis.gov 505-986-4734 Senator Peter Wirth – (D) peter.wirth@nmlegis.gov 505-986-4727 Senator Antonio Maestas – (D) antonio.maestas@nmlegis.gov 505-986-4373 Senator Crystal Brantley – (R) crystal.brantley@nmlegis.gov 505-986-4369 Senator Debbie O’Malley – (D) debbie.o’malley@nmlegis.gov 505-986-4301 Senator Nicholas A. Paul – (R) nicholas.paul@nmlegis.gov 505-986-4395 Senator Anthony L. Thornton – (R) anthony.thornton@nmlegis.gov 505-986-4274

On Thursday, 1/30, the House Consumer and Public Affairs Committee passed HB38 on a party-line vote. The bill would make it a felony to own a “weapon conversion device.” The sponsor of the bill acknowledged the bill’s vague language and stated they would be bringing amendments to the bill in the House Judiciary Committee to duplicate federal law on automatic firearms. We will be carefully watching to see what transpires. On Wednesday 2/5, HB12, the expansion of New Mexico’s “red-flag” gun confiscation law will be heard in the House Judiciary Committee. Here is a pre-written email to send to committee members asking them to oppose the bill. The meeting is at 1:30pm in Room 309 (Zoom link). Additionally, two bills we support are being heard this week as well. On Tuesday 2/4, HB83 which would make New Mexico a permitless carry state will be in the House Consumer and Public Affairs Committee at 1:30pm in Room 317 (Zoom link). Also, on Monday 2/3, HB202 will be in the House Commerce & Economic Development Committee. The bill would create a tax credit for purchasing a qualifying gun safe. The meeting starts at 1:30pm in room 317 (Zoom link). The deadline for bill introduction is February 20, so there is still time for more bills to be introduced. We are expecting more gun control bills to be filed by the deadline. House Consumer and Public Affairs Committee Joanne J. Ferrary – (D) 505-986-4844 joanne.ferrary@nmlegis.gov Angelica Rubio – (D) 505-986-4210 angelica.rubio@nmlegis.gov Stefani Lord – (R) 505-986-4453 info@lord2020.com John Block – (R) 505-986-4453 John.Block@nmlegis.gov Catherine J. Cullen – (R) catherine.cullen@nmlegis.gov Andrea Romero – (D) 505-986-4243 andrea@andrearomero.com Elizabeth “Liz” Thomson – (D) 505-986-4425 liz.thomson@nmlegis.gov House Judiciary Committee Christine Chandler – (D) christine.chandler@nmlegis.gov 505-986-4411 Andrea Romero – (D) andrea@andrearomero.com 505-986-4243 Javier Martínez – (D) javier.martinez@nmlegis.gov 505-986-4782 Matthew McQueen – (D) matthew.mcqueen@nmlegis.gov 505-986-4423 Andrea Reeb – (R) Andrea.Reeb@nmlegis.gov 505-986-4215 Reena Szczepanski – (D) reena.szczepanski@nmlegis.gov 505-986-4777 Michelle Paulene Abeyta – (D) michelle.abeyta@nmlegis.gov 505-986-4254 Nicole Chavez – (R) nicole.chavez@nmlegis.gov 505-986-4214 William A. Hall II – (R) bill.hall@nmlegis.gov 505-986-4336 Dayan Hochman-Vigil – (D) dayan.hochman-vigil@nmlegis.gov 505-986-4777 Alan T. Martinez – (R) Alan.Martinez@nmlegis.gov 505-986-4758

NMRA 2025 Legislative Session Webinar   Join us on February 5th at 3 PM for an informative webinar that will keep you up-to-date on the latest developments from the New Mexico Legislature. The 2025 Legislative session is already in full swing, and the New Mexico Restaurant Association (NMRA) is actively working on the issues that matter most to our industry. Key Priorities: We’ll be discussing the following crucial topics that could significantly impact your business: Paid Family Medical Leave: Understand the proposed changes and how they may affect your operations.Liquor Tax Increases: Learn about the potential tax hikes and their implications for your business.Minimum Wage Increase: Stay informed about the proposed wage increases and how to prepare. Interchange Fee Prohibition Act: Discover how this act could impact your business and what you can do to mitigate its effects. Take Action and Be a Changemaker Don’t miss this opportunity to learn about our efforts and how you can make a difference during this legislative session. Join us to: Stay updated on the latest developmentsUnderstand the potential impact on your businessLearn how to take action and be a part of shaping the future of our industry Mark your calendars for February 5th at 3 PM and join us for this important webinar. We look forward to seeing you there!   Register NOW     We Need Your Voice!   Legislators need to hear from New Mexicans before the PFML bill HB 11 is discussed Monday morning at 9:00 AM! Want to speak at the committee meeting remotely? Here’s the info: Zoom link: https://us02web.zoom.us/j/86178202695 To provide written comments please email: HHHC@nmlegis.gov

Today in the House Consumer and Public Affairs Committee, HB12  passed on a party-line vote. The bill would expand New Mexico’s “red-flag” gun confiscation law, and was passed without any amendments. The next stop for the bill is the House Judiciary Committee. On Thursday 1/30, HB38 will be heard in Room 317 at 1:30pm (or later). The bill would make it a felony to own a “weapon conversion device.” The bill is just two pages of ambiguous language that is not clear what would actually be banned, despite the felony charge for possession of a “part or combination of parts designed and intended to convert a semiautomatic weapon into a fully automatic weapon.” Additionally, HB39, the expansion of juvenile records in NICS will also be heard in the same committee meeting, Zoom Link. House Consumer and Public Affairs Committee Joanne J. Ferrary – (D) 505-986-4844 joanne.ferrary@nmlegis.gov Angelica Rubio – (D) 505-986-4210 angelica.rubio@nmlegis.gov Stefani Lord – (R) 505-986-4453 info@lord2020.com John Block – (R) 505-986-4453 John.Block@nmlegis.gov Catherine J. Cullen – (R) catherine.cullen@nmlegis.gov Andrea Romero – (D) 505-986-4243 andrea@andrearomero.com Elizabeth “Liz” Thomson – (D) 505-986-4425 liz.thomson@nmlegis.gov House Judiciary Committee Christine Chandler – (D) christine.chandler@nmlegis.gov 505-986-4411 Andrea Romero – (D) andrea@andrearomero.com 505-986-4243 Javier Martínez – (D) javier.martinez@nmlegis.gov 505-986-4782 Matthew McQueen – (D) matthew.mcqueen@nmlegis.gov 505-986-4423 Andrea Reeb – (R) Andrea.Reeb@nmlegis.gov 505-986-4215 Reena Szczepanski – (D) reena.szczepanski@nmlegis.gov 505-986-4777 Michelle Paulene Abeyta – (D) michelle.abeyta@nmlegis.gov 505-986-4254 Nicole Chavez – (R) nicole.chavez@nmlegis.gov 505-986-4214 William A. Hall II – (R) bill.hall@nmlegis.gov 505-986-4336 Dayan Hochman-Vigil – (D) dayan.hochman-vigil@nmlegis.gov 505-986-4777 Alan T. Martinez – (R) Alan.Martinez@nmlegis.gov 505-986-4758

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, denounces the coordinated “lawfare” effort by Democratic state attorneys general to abuse the judicial system through frivolous claims against a firearm manufacturer. New Jersey Attorney General Matt Platkin, joined by Minnesota’s Attorney General Keith Ellison along with 13 other states and the District of Columbia, are coordinating and repeating the unfounded claims against GLOCK, Inc., filed by the City of Chicago, which wrongfully colluded with the Biden-Harris White House Office of Gun Violence Prevention and the gun control group Everytown for Gun Safety. That improper collusion is currently under investigation by the U.S. House of Representatives Oversight and Government Accountability Committee.   “This is clearly an abuse of the courts to attempt to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA),” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Attorneys General Platkin and Ellison, along with the other colluding states, are attempting to extend the frivolous claims that have no foundation in law and abuse taxpayer dollars to advance an unconstitutional gun control agenda. These claims are a devious manipulation of the courts by attempting to force a gun control agenda through judicial fiat and are contrary to the will of lawmakers and are expressly prohibited by federal law. This is the very definition of ‘lawfare’ and should be rejected by the courts.”   NSSF previously applauded the House Oversight and Government Accountability Committee for investigating allegations that The White House Office of Gun Violence Prevention collaborated with the antigun billionaire Michael Bloomberg’s Everytown for Gun Safety and the City of Chicago to target GLOCK, Inc., with a frivolous lawsuit, alleging the company is responsible for the criminal misuse of firearms when criminals unlawfully attach an illegal “switch” to handguns. Everytown for Gun Safety is representing the City of Chicago in the lawsuit. In previous demands for information, House Oversight Chairman James Comer (R-Ky.) noted, “On the very day the suit was filed, Everytown for Gun Safety President John Feinblatt posted on X, ‘Federal officials recently contacted Glock to discuss implementing new ways to modify Glock pistols to make it harder for Glock switches to be installed. Rather than help, Glock falsely insisted there is nothing they can do.’”   The devices are “autosears,” which are illegal to make, import, possess and attach to a firearm or use without compliance with the 1934 National Firearms Act (NFA). Attorneys General Platkin and Ellison and the other colluding states ignore the fact that these devices aren’t produced by GLOCK, Inc., or any other firearm manufacturer. In fact, they are largely illegally imported from China or illegally manufactured by criminals. GLOCK, Inc., has actively cooperated with federal, state and local law enforcement to combat this illegal activity.    About NSSF NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

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FEDERAL COURT STRIKES DOWN ILLINOIS ASSAULT WEAPONS AND HIGH CAPACITY MAGAZINE BANS   On November 8, 2024, the United States District Court for the Southern District of Illinois issued a decision holding that the Illinois “assault weapons” and “high capacity” magazine bans violate the Second and Fourteenth Amendments. These bans were part of the Protect Illinois Communities Act (“PICA”), which was enacted in response to the Highland Park shooting during a July 4th parade. The stated goal of PICA “was to impede violent criminals from deploying semiautomatic firearms and ammunition magazines designated as ‘high capacity.’” It banned semi-automatic “assault weapons,” including AR- and AK- type rifles and pistols, .50 cal. rifles, and designated shotguns. It also banned pistol magazines with a capacity of fifteen or more cartridges, and rifle magazines with a capacity of ten or more cartridges.    District Judge Stephen McGlynn issued the opinion and opened his 168-page opinion with a philosophical observation regarding the AR-15 rifle, “Often, the different perspectives are defined by whom they picture using the weapon — either a menacing criminal or a law-abiding citizen involved in a dangerous confrontation.” The court relied upon New York State Rifle & Pistol Association, Inc. v Bruen, 597 U.S. 1 (2022), as well as other recent Second Amendment opinions from the U.S. Supreme Court, and completed a detailed analysis finding that the firearms and magazines banned in PICA were protected “arms” covered by the Second Amendment. Judge McGlynn held that “law-abiding citizens choose semiautomatic AR- and AK-type rifles, semiautomatic shotguns, various machine pistols, large-capacity magazines, and assorted firearm attachments for self-defense” and “all of these weapons, magazines, and attachments are bearable, not dangerous or unusual, and are in common use.” After this finding, the court determined, “the Government has not met its burden to prove that the history and tradition of firearm regulations supports PICA’s expansive sweep,” and found the law unconstitutional.   After Judge McGlynn concluded that “PICA is an unconstitutional affront to the Second Amendment,” he eloquently stated, “sadly, there are those who seek to usher in a sort of post-Constitution era where the citizens’ individual rights are only as important as they are convenient to a ruling class.”  The court stayed its decision for 30 days to allow Illinois time to file an appeal, which it did the same day the decision was issued. We anticipate the Illinois Attorney General filing a motion to stay the injunction issued by Judge McGlynn while its appeal is pending.  In the meantime, PICA remains in effect.   Renzulli Law Firm will continue to monitor the implementation of this law, related litigation, and its potential impacts.  If you have any questions about the law, please contact John F. Renzulli or Christopher Renzulli.

Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative and legal developments affecting the industry and publishing regular updates which are available by e-mail and on the Firm’s website.    Our firearms legislation updates are available here.  Additional information about the Firm’s litigation, counseling and consulting services for the Firearms Industry is available here.

Republican Party of New Mexico Contact: Ashley Soular Email: ash@gopnm.org Phone: (505) 298-3662 newmexico.gop NM DEM Reps Vote Against Bill to Deport Illegal Immigrants Who Commit Sex Crimes Against Women & Children ALBUQUERQUE, SEPTEMBER 19—On Wednesday, 158 Democrats in Congress shocked many by voting against the Violence Against Women by Illegal Aliens Act, which would ensure that illegal immigrants who have admitted to or are convicted of sexual offenses or domestic violence against women and children would be deemed inadmissible and deportable. New Mexico U.S. Democratic Representatives Melanie Stansbury (CD 1) and Teresa Leger Fernandez (CD 3) were among those Democrats who opposed the resolution.   The act was passed by a vote of 266-158, with every present Republican voting in favor.   This isn’t the first time Rep. Stansbury and Leger Fernandez have voted to protect illegal immigrants who commit crimes in the U.S. They, along with Rep. Gabe Vasquez, voted against the Laken Riley Act, which would allow the Department of Homeland Security to detain certain illegal immigrants who have been arrested for burglary, theft, larceny, or shoplifting. The legislation was named after Laken Riley, who was tragically murdered by an illegal immigrant who was convicted of crimes in New York and Georgia but was re-released into the U.S. by the Biden/Harris administration.   All three New Mexico Democratic representatives have refused to condemn Biden and Harris’s open-border policies, which have led to numerous female and child victims, including the following: Jocelyn Nungaray, a 12-year-old girl, was brutally and sexually assaulted for two hours before being murdered by two Venezuelan illegal immigrant suspects. Dayana Garcia, a 25-year-old woman, was found in her house murdered by an illegal immigrant suspect who entered the country under the Harris/Biden administration. Kayla Hamilton, a 20-year-old woman, was raped and strangled to death by an illegal immigrant suspect with ties to the MS-13 gang. Rachel Morin, a 37-year-old mother of five, was raped, beaten to death, and stuffed in a drain pipe by an illegal immigrant suspect who came into our country during the Harris/Biden administration. Recently, a Venezuelan gang member was charged with Domestic Disorderly Conduct, two counts of Domestic Battery, Strangulation/Suffocation, Physical Abuse to a Child, Disorderly Conduct, and two counts of 2nd Degree Sexual Assault. A Salvadorian illegal immigrant was arrested after it was discovered he had kept two young boys locked up in chains inside a home. A Bolivian illegal immigrant was arrested and released multiple times over the last few months was finally arrested by ICE officials for seven felony counts of child pornography and possession of obscene material with a minor.   “Anyone with common sense and decency is wondering how someone could vote to protect illegal immigrants from deportation who have committed violent and sexually abusive acts against women and children while denying their victims the right to safety and justice,” said Republican Party of New Mexico Spokeswoman Ash Soular.“Democratic Representatives Melanie Stansbury and Teresa Leger Fernandez should be ashamed of themselves for putting the rights of illegal immigrants who commit horrendous crimes above the safety of New Mexico women and children. They have proven themselves unfit to represent our state, and New Mexicans must hold them accountable with their vote at the ballot box this November.” ### The Republican Party of New Mexico (RPNM) advances the ideals of individual liberties for the advancement of its citizens and the greater prosperity of our communities throughout New Mexico. Led by an Executive Board and its Chairman, former NM Congressman Steve Pearce, RPNM serves all New Mexicans via its headquarters in Albuquerque and can be contacted at (505) 298-3662. Copyright (C) 2024 Republican Party of New Mexico. All rights reserved. You opted in to receive emails from the Republican Party of New Mexico. Our phone number is: 505-298-3662 Our mailing address is: Republican Party of New Mexico 5150 San Francisco Rd NE # A Albuquerque, NM 87109-4640 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe