NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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Duplicates HB 242

SOURCES OF INFORMATION

LFC Files

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Bernalillo County Metropolitan Court

Children, Youth and Families Department (CYFD)

Criminal and Juvenile Justice Coordinating Council

Department of Public Safety (DPS)

Juvenile Parole Board

No Response

Department of Health (DOH)

SUMMARY

Synopsis of the HJC Amendment

This amendment adds pawn broker's pawn transactions as exempt from the provisions of the bill requiring safety locks when a firearm is transferred. The provision would now read:

F. The requirement set forth in this section do not apply to a pawn broker's pawn

transaction or to a firearms dealer who sells, gives, lends or transfers ownership of a firearm that is a curio or relic to another person.

Synopsis of Original Bill

This bill requires that a firearms dealer who sells, gives, lends or transfers ownership of a firearm to another person shall also provide a safety lock for the firearm. If a lock cannot be placed on the firearm, a locked box must be provided. A written form with safety information must be provided indicating a safety lock is on the firearm or a locked box is provided. If the firearms dealer fails to do so, this person will be charged with a misdemeanor. The cost of providing the safety lock or locked box may be passed on to the customer. DPS, after consultation with the DOH, shall adopt rules regarding the design for safety locks and the written form. The bill would become effective on July 1, 2001 and does not require current gun owners to purchase safety locks or a locked box.

Significant Issues

Janet Reno, former United States Attorney General states "Child safety locks are just plain common sense. We protect children by having safety locks on aspirin bottles and child safety seats in our cars. We should do everything we can to protect them from guns." According to the National Safe Kids Campaign, an estimated 1,500 children nationwide are treated in hospital emergency rooms for unintentional firearms injuries. The bill would attempt to reduce these injuries to children in New Mexico by requiring gun safety locks or locked boxes for all firearms that change ownership after July 1, 2001. According to the National Safe Kids Campaign the estimated cost for a gun lock is $12.00. No state agencies have any opposition to the bill; opposition from gun owners and dealers is anticipated.

ADMINISTRATIVE IMPLICATIONS

DPS, after consultation with DOH, will need to adopt rules regarding the design of gun safety locks and the written form.

DUPLICATION

This bill duplicates HB 242.

TECHNICAL ISSUES

The bill would exempt firearms dealers who sell, give, lend or transfer ownership of a firearm that is a curio or relic. The terms "curio" and "relic" are not defined in the act.

GAC/ar/njw