Chairwoman Joanne J. Ferrary
By PHILL CASAUS
The Santa Fe New Mexican
Two pieces of public safety legislation created heat and testy exchanges between legislators during a lengthy committee hearing Tuesday — and could be a sign of things to come on the emotional subject of guns.
House Bill 27 proposes changes to the state’s Extreme Risk Firearm Protection Order, including adding health care professionals to the list of people who can ask law enforcement officers to file a petition for the order.
Meanwhile, House Bill 114 would impose potential civil penalties on gun manufacturers for a number of actions, including false advertising and failing to secure a firearm in their shop.
The House Consumer and Public Affairs Committee debate over HB 27, which ran nearly two hours, ended with chairwoman Joanne J. Ferrary, and Rep. John Block battling over ending the debate.
When Ferrary, (D-Las Cruces), moved to end discussion and call for a vote on the bill, Block countered he had the right to continue questioning and said she was “out of order.”
“No, sir, you are out of order,” Ferrary responded.
When Block attempted to speak, she cut him off with, “That’s all.”
“OK, but you’re out of order,” Block, (R-Alamogordo), replied.
The measured moved forward 4-2 on a party line vote and will head to the House Judiciary Committee.
The testy exchanges during the hearing may set the tone for an upcoming hearing on three gun-safety bills that could prove even more contentious.
The House Consumer & Public Affairs Committee is scheduled to hear those bills — a prohibition on assault weapons, the imposition of a 14-day waiting period before a gun sale is complete and the raising of the minimum age to legally buy a gun from 18 to 21 — Thursday afternoon.
The Extreme Risk Firearm Protection Order, signed into law in 2020, has been sparingly used. According to a fiscal impact report, only 48 petitions related to the state’s so-called Red Flag Law had been filed, primarily in Bernalillo County.
HB 114, also known as the Firearm Industry Accountability Act, would potentially make firearms businesses liable to a civil lawsuit if they engage in the unlawful sale, creation, distribution or marketing of firearms.
The legislation also allows the state Department of Justice, district attorneys and private citizens to bring a civil action against any firearms dealers who violate the law and allows the court to award a civil penalty up to $5,000 for each violation.
Debate over HB 114 lasted about an hour as Block asked a number of questions — including how one could prove a gun dealer “knowingly” lost a gun or had it stolen without properly storing or protecting it.
At one point, when an expert witness for the bill left the room, Block noted he “ran away” — leading the bill’s sponsor, Rep. Christine Chandler, (D-Los Alamos) to say Block was being disrespectful.
Ferrary told Block not to be “so snarky” in his tone.
As with the first bill, the four Democrats voted to support HB 114 while the two Republicans opposed it. That bill also will go to the House Judiciary Committee.
Both pieces of legislation are part of a 21-measure public safety initiative Gov. Michelle Lujan Grisham supports.
Several gun-rights advocates spoke out against the two bills during the hearing, arguing the measures could violate their right to own a gun and leave law-abiding residents vulnerable to criminals.
Supporters said they are necessary steps to take to curb gun violence and ensure people who should not have guns don’t get them — particularly those who might want to take their own lives.
