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OpenCarry.org - Discussion Forum > Stories From The States > New Mexico > New Mexico Restaurant carry
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| OpenCarry.org - Discussion Forum > Stories From The States > New Mexico > New Mexico Restaurant carry
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| Moderated by: jpierce | ||
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RogueAussie Regular Member 
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We need to make this a reality New Mexico Restaurant Carry Legislation Needs Your Help! Monday, January 26, 2009 Please Contact the Members of the House Business & Industry Committee! State Representative John Heaton (D-Carlsbad) has introduced House Bill 105, a measure that would permit Concealed Handgun Licensees to protect themselves in establishments that are licensed to dispense alcoholic beverages for consumption on the premises IF the establishment derives more than 60% of their annual gross receipts from the sale of food. The legislature passed House Bill 588 in 2007 to open up grocery and convenience stores, which sell alcohol for consumption off the premises, to Concealed Handgun Licensees; NRA supported that bill and backs this latest effort to allow them to lawfully enter restaurants. HB 105 has been referred to the House Business & Industry Committee. Please contact the committee members listed below at their capitol offices and urge them to support HB 105. Remind them that it is already unlawful to carry a firearm while under the influence of alcohol, and that Concealed Handgun Licensees should not be denied their right to self-defense just because other patrons of a dining establishment can legally choose to consume alcoholic beverages on the premises. State Representative Debbie A. Rodella, Chair (D-41) (505) 986-4329 debbie.rodella@nmlegis.gov State Representative Thomas A. Garcia, Vice Chair (D-68) (505) 986-4242 ocate@hotmail.com State Representative Eliseo Lee Alcon (D-6) (505) 986-4254 eliseoalcon@msn.com State Representative Andrew J. Barreras (D-7) (505) 986-4243 State Representative Jose A. Campos (D-63) (505) 986-4341 Josephs@plateautel.net State Representative Keith J. Gardner (R-66) (505) 986-4757 gardners90@yahoo.com State Representative Dona G. Irwin (D-32 (505) 986-4249 donagale@zianet.com State State Representative Sandra D. Jeff (D-5) (505) 986-4543 State Representative Jane E. Powdrell-Culbert (R-44) (505) 986-4467 jpandp@comcast.net State Representative Thomas C. Taylor (R-1) (505) 986-4757 tom@tomtaylor.net State Representative Jim R. Trujillo (D-45) (505) 986-4255 jimtrujillo@msn.com State Representative Shirley A. Tyler (R-61) (505) 986-4220 sntyler@valornet.com |
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SpaceCase Regular Member
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done and done  |
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Trainer23 Regular Member 
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Let them know that it is better for the Cancelled Carry Permit holder to keep their gun under their control than to leave it in a restaurant parking lot even in the locked case that we use. |
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snoball Regular Member
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Thanks for the info. It should be noted that only 9 states that have concealed carry cannot carry in a restaurant that serves liquor. All the others PERMIT it. NM is way behind the curve on this. I had written letters to Gov. Richardson and my representative in 2007 (for the 2008 session), but it was not introduced. I was surprised to see such a bill being considered since this is supposed to be a session that concentrates on budget issues. Regardless....a letter goes out tomorrow!! |
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WVCDL State Researcher 
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This bill should be amended to permit OC as well as CC. The CHL exemptions to the liquor permit premises statute are starting to get ridiculous: CC with a CHL=legal, OC=felony, even with a CHL, with mandatory prison time and mandatory no-drop or bargaining. |
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RogueAussie Regular Member
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WVCDL wrote: This bill should be amended to permit OC as well as CC. Mate if you want you can go there in Tuesday refer the following New Mexico - [1/29/09] New Mexico Restaurant Carry Legislation [url=http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno= 105&year=09]HB 105[/url] is up in House Business & Industry Committee next Tuesday at 1:30 in Room 309. Please contact the HB&IC members to make your voice heard. If you can afford time, please come to the Roundhouse and speak to House members in the hearing. |
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Trainer23 Regular Member
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I have sent email to each Rep.  Please vote in favor for HB 105. I understand why handguns are banned in bars. I do not understand why citizens that have had background checks and training to concealed carry are not allowed to carry their sidearm into eating establishments that derive more than 60% of their annual gross receipts from the sale of food.Most accidental discharges happen during gun cleaning or when drawing or holstering. Handling a gun is even more dangerous in a parking lot when trying to make sure that I draw from my holster safely and keep others from seeing that I am storing it in my vehicle. My sidearm is safest when it is in my holster and under my direct control. It is less likely to be stolen and much less likely to have an accidental discharge. Please support HB 105.  I don't expect too much this time around with the current legislative makeup, but it doesn't hurt to let them know we care and we vote.mike |
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NMGunIt Regular Member 
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Trainer23 wrote: I have sent email to each Rep.Done |
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Recovering Californian Regular Member 
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RogueAussie wrote: WVCDL wrote:This bill should be amended to permit OC as well as CC. OK, I'll be the one her to ask the dumb question, but is it a FELONY to OC in Restaurant that serves Alcohol, or a liquor store, or both? |
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RogueAussie Regular Member
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Recovering Californian wrote: RogueAussie wrote:WVCDL wrote:This bill should be amended to permit OC as well as CC. Yes can CCW in a liquor store but not in a restaurant and you can not open carry in either |
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snoball Regular Member
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Recovering Californian wrote: RogueAussie wrote:WVCDL wrote:This bill should be amended to permit OC as well as CC. It is currently a 4th degree felony for anyone to open carry or conceal carry in a restaurant that serves liquor....hopefully House Bill 105 will permit CCW. In stores that sell liquor for off premise comsumption it is a 4th degree felony to open carry, but legal for CCW |
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Trainer23 Regular Member
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Any News on this Bill? I did not find anything on the legislative site. http://www.nmlegis.gov/lcs/_session.aspx?chamber=H&legtype=B&legno=%20105&year=09 An administrator at DPS told me today that they think it passed. By "passed" I assume that means that it made it through the committee (House Business & Industry Committee.) Would still have to be voted on in both houses and the Senate may have some committees that it must go through B4 they vote. Mike |
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SpaceCase Regular Member
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Trainer23 wrote: I have sent email to each Rep.Why is it you "understand why handguns are banned in bars"? If I am the designated driver, do I not still have the right to defend myself? I am not drinking, law says I can't. Why does my location have anything to do with it? -Space |
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SpaceCase Regular Member
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Oh...and there is no such thing as an "accendental discharge". These ideas of ADs and bars and guns not mixing are only hurting our attempt at protecting our right to carry. -Space |
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jmelvin Founder's Club Member
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Trainer perhaps you ought to come to Virginia to see how we free easterners manage to carry safely in both restaurants and bars with no incidents, OC-ing to boot! Good luck to you New Mexicans in getting your civil liberties back from your state! |
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Trainer23 Regular Member
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SpaceCase, thanks for your comments. You are correct. We share a common concern, to move 2A rights forward. I believe that we can make incremental steps toward that end. My wording was meant to help get to the next step, to move this bill through committee. My choice of words may have been better. As you point out, there are certainly times when a designated driver or a bodyguard should be permitted to carry in a bar, or just our right to protect ourselves. Unfortunately, this will not be heard during this session. If we can get this bill passed, we can prove the safety of CHL’s in restaurants and move forward with bar carry in the future. As for the question of ND or AD, I did not want to emphasize to Legislators about to vote on this bill that some permit holders may be Negligent. I don't think our Legislators appreciate the difference at this point. I welcome your support to help HB105 and your comments on this forum. I hope we can all get together and get this Bill enacted into Law. |
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Trainer23 Regular Member
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Passed Committee 11-0 now on way to House Judicary Committee See : http://www.nmlegis.gov/Sessions/09%20Regular/bills/house/HB0105BI1.pdf |
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jmelvin Founder's Club Member
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Cool beans! |
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SpaceCase Regular Member
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Trainer23, I agree 100%. After reading many letters and emails posted on other forums that read like: "I currently have a choice between breaking the law or risking discharging my gun into a crowd while disarming" I was sensitive to the language used to communicate to our legislators. I wanted to point out that the law is already very clear on alcohol and firearms and we don't need the 60% distinction. I told this to our legislators as well, but I added that this was an important bill regardless. I agree with your assessment of "negligent" in the eyes of legislators. Too often I feel that we make ourselves look bad for the sake of being politically correct. Thank you for your level headed response. After rereading my posts, I should have included a smiley so as not to come off so aggressive -Space |
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Trainer23 Regular Member
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SpaceCase, I have read your other posts and I know that you are dedicated and willing to help. Glad we are working together. I found the Fiscal Impact Report for this bill. It included info about preventing accidents. It also is favorable on budget, even saying that it may have a positive impact. http://www.nmlegis.gov/Sessions/09%20Regular/firs/HB0105.pdf Space your profile does not say where you are from. Are you up here in Northern NM? |
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SpaceCase Regular Member
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Trainer23, Not up north (although it would make it easier to attend committee meetings)! I live outside of Albuquerque. BTW, a new bill has been introduced in the senate to remove the 2 year refresher requirement for CCW. See post here: http://opencarry.mywowbb.com/forum39/21805.html -Space |
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snoball Regular Member
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Does anyone have a status on these two bills? The House bill for restaurant carry was passed, but is there a matching Senate bill to make this into law? The Senate bill to eliminate the 2 year refresher was also approved, but is there a House bill which is being considered so that this will happen? Hopefully there is someone out there more savvy on the legislation. I have searched and cannot find anything other than the original two that passed....but that is not enough to make them law. Hope these get done!! |
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Trainer23 Regular Member
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I have lost my optimism. Just 2 weeks left and I can't find anything suggesting that the Senate is even considering this issue. Anyone have info to the contrary?  |
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Trainer23 Regular Member
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See "Please Help This Along" for Senate version SB608 http://opencarry.mywowbb.com/forum39/22902.html There is still HOPE!  |
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snoball Regular Member
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The House passed a substitute HB 105 and the Senate passed SB 608 (passed 26-15), but when you go to the link for bills that have passed both houses http://www.nmlegis.gov/lcs/legRpt/legpassboth.aspx?year=09 it is not shown there or in the list of bills signed by the Governor. I have written the sponsors of both bills and chairs of the committeres, but I wonder if anyone on here knows the actual current status. The bills were to become law on July 1, 2009 if passed by both houses and signed by the governor, but I am concerned since they are not shown on the website. Any news? The Albuq. Journal did not list a status on this legislation. |
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Trainer23 Regular Member
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Apparently the House Judiciary Committee brought HB105 back to committee and amended it. The bill was slated to go to the floor when the session ended. Never passed the House. It will be two years before we get another chance.  |
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snoball Regular Member
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Lousy politicians. The committee approved the amended version, but I did not know the House did not vote on it. Thanks for the info. I will post anything the Sponsors or Chairpersons respond to me with....if they do! |
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RogueAussie Regular Member
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This sucks but there is always next session Three Pro-Gun Bills Fall Short in New Mexico as Legislature Adjourns Monday, March 23, 2009 Thank You to Those Who Answered the Call to Action! Senate Bill 608 authored by State Senator George Munoz (D-4), New Mexico’s restaurant carry legislation, and Senate Bill 507 introduced by State Senator Stuart Ingle (R-27), a bill that would have eliminated the two-hour refresher course for certain Concealed Handgun Licensees. SB 608 and SB 507 each passed two Senate committees, the full Senate, and two House committees -- only to fail to receive consideration by the full House due to a crowded calendar on the last day of session. House Bill 105, introduced by State Representative John Heaton (D-55), the House version of the restaurant carry bill, passed two House committees and the full House -- only to die in the Senate Judiciary Committee, after it failed to reach a quorum on the last day it was scheduled to consider bills. NRA-ILA will follow up later this week to give you a list of legislators who were key to the progress we made on these important issues the first-time out. We fully intend to pursue similar measures in future legislative sessions! |
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jmelvin Founder's Club Member
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Is there any way to address the law as unconstitutional within the New Mexico court system? It is my understanding that the NM law provides for the open carriage of firearms, but I know little more. |
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snoball Regular Member
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I wrote all the sponsors of the two bills and finally got responses back from two of them. Hopefully they will sponsor them again next year….if Obama doesn’t outlaw guns first. Here is what they replied:
Unfortunately neither of the bills made it through the entire process. Rep. Heaton tried to bring up SB 608 on the House Floor on Saturday, the last day of the session and was not able to. I believe HB 105 never made it out of the Senate either. Debbie
I am sorry to report that the bills failed for lack of time. Hopefully we can pass it next year. Al |
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Edgeofhtewoods Regular Member
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Folks there is still time. The Governor can still sign SB 608 and SB 507 IF THEY ARE BROUGHT TO HIS DESK BY FRIDAY at 1200PM. Call Bill Hume at 505-476-2200 and POLITELY URGE him to hand carry them to the Governor. Chuck Hudson Edgewood NM |
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Desert Dweller Regular Member
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As far as I know, neither bill made it to a final vote, and so died in session. |
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