House Passes Bill to Restrict Firearms in Polling Places

A Senate bill to ban firearms in polling places earned approval in the House of Representatives late Tuesday with an amendment to exempt concealed-carry permit holders.

Majority Whip Reena Szczepanski, D-Santa Fe, described Senate Bill 5 as “quite a tailored legislative initiative,” and noted firearms are already not permitted in school polling places. Representatives voted 35-34 to adopt it.

“This legislation is brought with the intention of bringing uniformity to polling places and the presence of firearms in those places,” such as churches and community centers, Szczepanski said.

The Senate-passed version of the bill already included exemptions for those conducting lawful non-election business near a polling place; for certified law enforcement officers in performance of official duties; and for people in private automobiles. Rep. William R. Rehm, R-Bernalillo, introduced the amendment to add people who hold valid concealed handgun licenses to the list, which also passed on a 35-34 vote.

“Those persons who have a concealed carry license have gone through a background check prior to being issued a concealed carry license, and no one should see they have a firearm,” Rehm said, also noting the training those who hold a license must undergo.

While some Democrats such as Rep. Art De La Cruz, D-Bernalillo, who is a concealed carry license holder, supported the amendment, most Dems opposed the carve-out. Rep. Joy Garratt, D-Bernalillo, told Rehm she would vote against the amendment because “we want to hold that polling place sacred and honored.”

“I truly feel we do not need guns at our polling places, and it’s nothing against concealed carriers because I am married to one,” Garratt said. “It’s not about the efficacy of training, it’s about the fact that we don’t need firearms for that 20-minute period that we are voting.”

Several Democrats joined Republicans in voting against the bill—Reps. Anthony Allison, D-San Juan; Ambrose Castellano, D-Serrafina; Harry Garcia, D-Grants; Tara Jaramillo, D-Socorro; Wonda Johnson, D-Rehoboth; Raymundo Lara, D-Las Cruces; Patricia Lundstrom, D-Gallup; Willie Madrid, D-Chaparral; and Joseph Sanchez, D-Alcalde. Rep. Debra Sariñana, D-Albuquerque, was excused.

The Senate must concur on the amendment before the bill moves to Gov. Michelle Lujan Grisham’s desk.

Meanwhile, progress appears minimal for gun law reform that makes up part of the governor’s 21-bill public safety package for the 2024 session. The House voted Feb. 12 to concur with Senate amendments to House Bill 129—a seven-day waiting period on firearm purchases. Lujan Grisham celebrated its passage in a news release Tuesday afternoon, but noted time is running out for remaining bills.

“HB129 is an important piece of public safety legislation that will undoubtedly save lives. This legislation will help prevent gun violence and suicides—both of which are deadly public health and safety challenges in New Mexico,” the governor said in a statement. “With less than two days left in the legislative session, this is the only public safety measure to pass both chambers so far. The clock is ticking, and I urge legislators to act on behalf of the New Mexicans they serve.”

Two other bills for which she advocated, House Bill 127, which would raise the legal age for firearm purchases to 21 and House Bill 137, which would ban gas-operated semi-automatic firearms, have yet to hit the House floor, and would still require votes in Senate committees and on the floor. The session ends on Thursday at noon.

Department of Public Safety Secretary Jason R. Bowie doubled down on the administration’s agenda in his own news release Tuesday evening, saying “violent crime statistics in New Mexico make it clear that officers need more tools to protect themselves and the communities they serve.”

“Sadly, the Legislature has, so far, failed to act—or even hold hearings—on most of Gov. Lujan Grisham’s common-sense proposals to provide such tools. This is unacceptable,” Bowie said. “There is still time to prioritize public safety in the final days of the legislative session. It’s imperative that lawmakers give these bills the serious and urgent consideration they demand.”

Before representatives debated the bill prohibiting firearms in polling places, they concurred on amendments made in the Senate to House Bill 2—the Fiscal Year 2025 budget for the state. That $10.22-billion measure also moves to the governor for approval.