Governor backs novel assault rifle legislation; AG wants enforcement and prevention for public safety

With the upcoming 30-day legislative session nearly a month away, Gov. Michelle Lujan Grisham on Monday said she will propose novel legislation for New Mexico that would mirror a new federal proposal aimed at limiting the damage inflicted by assault weapons.

The idea is to limit a shooter’s ability to fire off dozens of rounds in seconds and keep them from being able to attach a new magazine to keep shooting.

“That’s a game-changer for a lot of places, including New Mexico,” said the governor at a press conference that focused on other gun violence-related legislation she is considering to put on her “call” for the session. Typically, such short sessions are devoted primarily to the budget and bills proposed by the governor.

U.S. Sen. Martin Heinrich, D-N.M. is among the senators proposing federal legislation that would focus on the internal delivery system of such weapons, rather than trying to ban assault weapons outright. Such guns would have permanently fixed magazines, limited to 10 rounds for rifles and 15 rounds for some heavy-format pistols.

“I’ve got a set of lawmakers that are more likely than not to have a fair debate about guns, gun violence, weapons of war and keeping New Mexicans safe than members of Congress are,” said Lujan Grisham. “We will have to see how those votes all shake out.”

Meanwhile, state Attorney General Raúl Torrez on Monday released eight proposals distilled from two recent summits he convened this fall with law enforcement officials, those who work trying to prevent gun violence, and treatment providers.

He said in a letter to legislative leaders and the governor, “We strongly encourage you to include both the enforcement and preventative services components that contribute to public safety on the call.”

In particular, Torrez advocated more effective juvenile justice interventions for youth caught with guns, enhancing the consequences for gun crimes, eliminating regulatory obstacles that impede treatment and prevention, and building “the missing system” to address mental health, behavioral health, and substance use disorders.

A legislative courts, corrections and justice committee on Tuesday is set to review its own proposed wish-list for the session that would include addressing crime in the state, among other issues.

Fatal shooting

The backdrop to the governor’s press conference on Monday was the apparent accidental fatal shooting of a 16-year-old in the parking lot of Atrisco Heritage Academy Friday night by another student. The two youths pulled out guns after watching a basketball game at the high school and began “playing” with them when one went off, striking and killing one of the teens.

Lujan Grisham decried the incident at the press conference Monday, and said she intended to keep the existing public health order aimed at combating gun violence “so we don’t lose a 16-year-old to gun violence or a gun accident.” Calling gun violence a public health epidemic, state Department of Health cabinet secretary Patrick Allen in September instituted a slate of measures aimed at reducing crime and improving public health, such as testing of wastewater near schools for the presence of drugs. Currently, under the revised order, firearms are banned at parks and playgrounds in the Albuquerque area.

Lujan Grisham noted that 439 guns were surrendered at a gun buyback event organized by New Mexico State Police and touted a recent uptick in firearms seizures, with an increase in enforcement by state police temporarily assigned to the Albuquerque-Bernalillo County area.

The governor said her office is looking at proposals from Torrez’s office along with meeting with groups interested in improving existing laws, such as the modification of the state law allowing judges to issue extreme risk protection orders.

That law, enacted in 2020, authorizes law enforcement officers to petition courts for a civil order to temporarily remove guns from a person who is found, through due process, to pose a significant imminent risk of violence to his or herself or others.

AG priorities

Among the issues Torrez cited in his report is the state’s response to adults who are prohibited from possessing guns, those accused or convicted of felony gun violence. His office concluded the response “defies logic and common sense.”

“Currently, neither our pretrial detention nor our sentencing place enough weight on the possession or use of a gun during the commission of felonies,” the report stated.

Law enforcement officials recommended recalibrating how pretrial detention weighs the presence and use of guns in felonies, requiring that individuals convicted of gun crimes serve prison time and ensuring the consequences are delivered with speed and certainty, the report stated.

Law enforcement officials and prosecutors at the summits emphasized the need for a system to be built to address individuals with mental health, behavioral health and substance use disorders whose cases take up limited police and prosecutor time.

“The challenge is that the comprehensive system for these services is not existent. Where services are offered, they are insufficient, inconsistent, and incoherent,” the report stated. “Building the missing system … is a critical part of improving public safety and reducing gun crime.”