Bill to help stop minors from accessing firearms heads to NM governor

Megan Gleason
·2 min read
7
Family members wait to pick up students after a fatal shooting at Washington Middle School in Albuquerque, N.M., on Aug. 13, 2021. A 14-year-old New Mexico boy accused of shooting and killing classmate Bennie Hargrove in 2021 pleaded no contest to a charge of second-degree murder, prosecutors said Thursday, March 2, 2023. Bennie’s Bill, which would make it a crime for allowing a firearm to be accessible to a minor, passed with concurrence through the House by a vote of 34-28 on Wednesday, March 8, 2023. It now heads to Gov. Michelle Lujan Grisham's desk for her signature.
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This story was originally published by Source New Mexico.

Gun safety legislation is on its way to the governor’s desk for a signature.

Bennie’s Bill, which would make it a crime for allowing a firearm to be accessible to a minor, passed with concurrence through the House by a vote of 34-28 on Wednesday evening.

The bill was named after Bennie Hargove, a middle school student whose classmate fatally shot him in 2021 using his father’s gun.

This bill would make it a misdemeanor for anyone to negligently have a firearm be accessible to a minor, and a fourth-degree felony if the minor who uses the gun significantly harms another person or themself.

There’s a list of exceptions, including if the gun was kept in a locked container, securely stored or in an inaccessible location; if a firearm was used in self-defense; or in the case of an illegal entry on someone’s property.

A Senate amendment included in the bill that passed from Sen. Steven Neville (R-Aztec) last week added an exception that would allow a minor to use a firearm for hunting, recreationally or any other lawful purpose.

Rep. Stefani Lord (R-Sandia Park) asked repeated questions about the extent and technicalities of this clause.

Democratic New Mexico state Sen. Antonio Maestas of Albuquerque speaks in support of a gun control initiative on the floor of the state Senate in Santa Fe, N.M., on Friday, March 3, 2023. The Senate endorsed the bill, on a 24-16 vote, that would make it a crime to store firearms in places where children could get access. House approval of recent amendments would send the bill to supportive Gov. Michelle Lujan Grisham.

Rep. Pamelya Herndon (D-Albuquerque), the bill’s sponsor, went back and forth with her colleague about the amendment before she said Neville could better explain the proposal.

However, Sen. Neville wasn’t present at the House floor meeting.

“I’m actually trying to get honest answers so when I go home and explain this, I want to make sure that none of our parents are committing a crime,” Lord said. “I don’t want that to happen.”

Lord asked if she should just wait for Neville to come to the House floor. In response, House Speaker Javier Martinez (D-Albuquerque) told someone to call Neville.

Martinez recommended that Lord continue with her questions and reminded the representatives that the bill still has to be signed by the governor and will take several months to even become law.

“We’ve got plenty of time to get a one-pager from the senator as to the technical aspects of this amendment,” Martinez said.

Megan Gleason is a reporter for Source New Mexico.

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This article originally appeared on Las Cruces Sun-News: Bill to help stop minors from accessing firearms heads to NM governor