Wednesday
March, 18

NM: Bill Would Repeal 7-Day Waiting Period

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We reported last year about this time how New Mexico lawmakers had passed a measure mandating a seven-day waiting period for gun purchases, and just how ineffective such laws are at curbing violent crime or suicides.

The final version of HB 129, which was signed into law by Gov. Lujan Grisham, mandated a seven-day waiting period on any gun buyer, other than a concealed handgun license holder, who clears an FBI background check to purchase a gun.

The legislation also states: “If the required federal instant background check has not been completed within twenty days, the seller may transfer the firearm to the buyer.” Under current federal law, if there is a NICS delay and it doesn’t respond within three days of the background check, the FFL can choose to complete the transaction.

Now, four Republican and one Democrat lawmakers have introduced a measure—House Bill 162—that would eliminate the seven-day waiting period before a firearm dealer can legally transfer ownership of a firearm and would revert back to the federal three-day waiting period for no-response transfers.

According to a report at Rdrnews.com, lawmakers introducing the bill included Republicans  Jimmy Mason, Randall Pettigrew, John Block and Jack Chatfield, and Democrat Joseph Sanchez. The measure also has 20 House co-sponsors.

The law has already had its ups and downs, with two New Mexico citizens filing a lawsuit against the state when they purchased firearms and weren’t able to take possession as soon as their background checks were approved. In July, a federal judge determined that the waiting period was “likely constitutional” and did not grant plaintiffs’ request to block enforcement of the law.

As we’ve pointed out before, according to a fact sheet on waiting periods from the National Rifle Association’s Institute for Legislative Action (NRA-ILA), there is no evidence that waiting periods reduce suicides, homicides or mass shootings. In fact, no studies that identify causal effects have been identified by any of the independent literature reviews conducted since 2004.

“Waiting periods are arbitrary impositions with no effect on crime or suicide, introduce no additional investigative avenues and only burden law-abiding gun owners without changing how or when criminals obtain firearms,” the fact sheet states.

Still, anti-gun legislatures love to propose and support such measures because they believe it makes them look good in the eyes of gun-ban groups that contribute to their campaigns and to unwitting constituents who believe they wouldn’t be lied to by someone in state government.

In fact, a Pennsylvania lawmaker plans to introduce a measure this legislative session requiring a three-day waiting period for gun purchases in the Keystone State. The measure would make all gun purchasers wait 72 hours to receive their firearm after passing their background check.

New Mexico’s HB 162 has been referred to the House Committee on Consumer and Public Affairs.

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