New Mexico No background checks on gifted guns in New Mexico?

[Sunky Heribeck]

 

[Peanut]

Looks like you just dropped the first 3 letters from your user name.

It's called "exaggerating for effect" but as Joseph Heller wrote in the movie Catch 22: "Just because you're paranoid doesn't mean they aren't after you."

The US Treasury Department is having credit card companies report your transactions at Bass Pro Shops and Big Five under a separate code (along with every other business that sells firearms). If someone had passed that rumor around in the pre-internet days I would have dismissed it. We already know that 4473 information is being digitized. And I suspect that lots of the "2A sale" offers in New Mexico are set-ups by the same Flying Monkeys who drive the State radio triangulation vans as their day jobs.

Last Halloween I was going to dress as the Qanon Shaman; online you could buy the hat and robe and even a tee shirt that simulated his chest tattoos. But before I pushed the Ebay "buy" button I thought the better of it. The US Treasury probably has a few flying monkeys on the payroll, too.

 

[Sunky Heribeck]

Sounds like you are letting them get to you a bit more than necessary.

 

[sithlordzitro]

I agree with you, but your answer isn't immediately useful to me. The only attorneys I have ever had on retainer were for divorce and I can't think of a specific lawyer in Mew Mexico who could or would answer unless I was charged with this and represented by him.

I'm relatively new to this forum and hope that someone here has more than anecdotal experience or actual legal knowledge of the statute. The NM Department of Public Safety may be my next go-to. They handle concealed carry licensing. Though I hate to get my name out there for obvious reasons. The NM Governor purchased a fleet of 1943 Mercedes bread vans that use radio triangulation to track conservative talk radio listeners and no doubt has a "list" of potential Conservatives to monitor that I might not be on quite yet.

For as paranoid as your are, it baffles me that you are seeking free legal advise from strangers on the internet. For all you know, you might get a legit looking answer from MLG gestapo just to throw you in jail for listening to a conservative echo chamber on the radio.

Seek real counsel, you broke joke.

 

[Peanut]

Sounds like you are letting them get to you a bit more than necessary.

View attachment 25600

While you are probably right the hits keep rollin' in.

1)Walmart quit selling guns, then quit selling the two most popular centerfire cartridges in the US (9mm & .223)
2) (Almost) all NM pawnshops quit selling guns because of a potential quarter million dollar fine for selling a pawned gun without jumping through some new regulatory hoops.
3) The requirements of the NM 7 day waiting period has made gun show sales impractical and unworkable.

Gun rights are suffering death by a thousand cuts. Keeping an inalienable right isn't winning. Surrendering any right to power-hungry leftists is losing

I don't own a bump stock and only a few polymer guns, as polymer would make a poor quality plowshare after our masters beat confiscated guns into such things. But if not for a few fortunate Supreme Court appointments Our 2A rights would be narrowly interpreted.

 

[Peanut]

For as paranoid as your are, it baffles me that you are seeking free legal advise from strangers on the internet. For all you know, you might get a legit looking answer from MLG gestapo just to throw you in jail for listening to a conservative echo chamber on the radio.

Seek real counsel, you broke joke.

By the way, if you are of average wealth I could buy and sell you a dozen times. Spend a few dollars and buy a used "hooked on phonics" course on Ebay so that you can read my post.

 

[ynotAZ]

By the way, if you are of average wealth I could buy and sell you a dozen times. Spend a few dollars and buy a used "hooked on phonics" course on Ebay so that you can read my post.

You just gave me your best answer. Since you are a dozen times wealthier than an average person, here is your best, absolutely legal advice:

Hire a constitutional attorney that has studied "hooked on phonics", get a copy of the state of New Mexico state constitution, highlight Article II section six, the following language:

"Article II, § 6 of the Constitution of New Mexico provides: "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons."

Shove it in your attorney's face, along with a wad of money, and tell the attorney you your emotional stability has been harmed because you can't buy a firearm for the legal purpose of gifting it to your girlfriend, assuming she's a legal possessor. You are also being forced to wait seven days so you are being forced to pay the highest price for the same firearm you could get much cheaper on a cash and carry basis.

You have cause to sue whichever entity in state government, including the governor's office for violating your civil rights under the state constitution.

 

[Sunky Heribeck]

If you are a wealth individual and the gun you chose to buy your girlfriend was a cheap $350.00 Charter Arms Pink Lady, I think she may want to keep looking.

 

[Sunky Heribeck]

I bought the same girlfriend a Charter Arms Pink Lady

 

[nvshooter]

Interesting reading. Beyond that, I'll just keep my piehole shut...

 

[EasyTargetRN]

Even a fool who keeps silent is considered wise; if he closes his lips, he is regarded as intelligent...

 

[Sunky Heribeck]

Or a mute

 

[nogie11b]

So when the significant other unwraps her birthday present she will find a "woman's" designed shotgun to replace the various borrowed ones she has shot for the past year or so. Because women have disproportionate necks and arms and walk funny they are supposed to shoot (shotguns) better if the guns are designed to accommodate those idiosyncrasies.

But just telling her to pick a different pony out of the corral isn't the same as giving her a gun "to have and to hold, 'til death do we part" as Charles Heston more-or-less once said. I was thinking of having a FFL transfer of the gun and wondered about the 7 day waiting period for her. Who would hold the gun during that time? The FFL? Me?

It turns out, I think, that no background check is required if a gun is given away, according to what I can find on the InterGoogle. US Lawshield and other non-definitive sources all say: "It is important to note that § 30-7-7.1 is also silent when firearms are transferred without "consideration," or in other words, are given away, gifted, or through a trust." when referring to the New Mexico law.

"Silent" is a legal term in contract language and criminal law saying if essentially "if it ain't in there then it is not in there" so my interpretation is no FFL transfer is required by State Law 30-7-7.1, as the most I expect in "consideration" is a kiss on the cheek. She has "passed" a background check in the last year so the federal requirement of not knowingly transferring a gun to a "prohibited person" is not an issue.

I'll do a little more homework, as occasionally I find something on the internet that is not accurate, but would appreciate any Legal Eagles' input!

To my knowledge they're going to be sticklers on possession regardless of gifting or not. Hopefully I'm wrong

 

[sithlordzitro]

By the way, if you are of average wealth I could buy and sell you a dozen times. Spend a few dollars and buy a used "hooked on phonics" course on Ebay so that you can read my post.

"Buy a used ""hooked on phonics"" course on ebay" coming from the individual who uses quotation marks to specify the title of something instead of apostrophes.

You're either broke or cheap, which is it? I'm still leaning on the former with the evidence that you will not hire a lawyer for ACTUAL LEGAL ADVICE.

I would also like to dive into the statement about buying and selling me. It has the implications of slavery. I think we found the boomer who was sad when Jim Crow was outlawed.