HB 318: gun litigation bill an attack on ALL New Mexico businesses
With the defeat of HB 11 and its tax hikes and other numerous bad policies over the weekend New Mexico businesses let out a collective sigh of relief. But, one set of businesses (gun stores) are squarely in the “crosshairs” of New Mexico’s “progressive” legislators. What am I talking about? SB318 just passed 21 to 18. The bill is rated “-8” (the worst rating possible) on the Foundation’s Freedom Index.
The bill is a blatant attempt to use litigation to attack gun stores. If passed, this bill could put every gun store in New Mexico out of business while providing a treasure trove for New Mexico’s rapacious trial attorneys. The bill accomplishes this by amending New Mexico’s Unfair Trade Practices Act to make it easier to sue a gun store than any other type of business and imposing harsher penalties on gun stores than any other type of business.
Further, the bill states: “proof of monetary damage, loss of profits or intent to deceive or take unfair advantage of any person is not required” to sue a gun store or manufacturer. Activist groups who hate the Second-Amendment would be given free rein to sue New Mexico gun stores until the stores are forced to close. No other state in the country targets gun stores in this extreme manner.
If other businesses, especially those that are unpopular with the political left, think that they can’t or won’t be attacked in a similar way. This legislation is a dangerous to everyone.
- SB318 expands the definition of unconscionable trade practice to include “goods or services offered for sale by an online marketplace whether directly or by a third-party seller”
- Monetary awards jumped from $300 to $30,000 per incident (holy inflation, batman!)
- Makes the filing of a class action suit easier by removing language requiring mediation
- At many points, firearms are tied explicitly to “An online marketplace, seller or third-party seller”, but at others, the “firearms” caveat is left out. This ambiguity could be exploited – at $30,000 per incident + attorneys fees – to target online sales of items that the attorney general dislikes or deems unconscionable.
The bill now heads to the House Side. We expect it will stop in the House Judiciary Committee first, followed by a floor vote if it passes that committee. Here are the House Judiciary Committee’s contacts:
House Judiciary Committee
Christine Chandler – (D) christine.chandler@
Andrea Romero – (D) andrea@andrearomero.com
Javier Martínez – (D) javier.martinez@nmlegis.
Matthew McQueen – (D) matthew.mcqueen@nmlegis.
Andrea Reeb – (R) Andrea.Reeb@nmlegis.gov
Reena Szczepanski – (D) reena.szczepanski@nmlegis.
Michelle Paulene Abeyta – (D) michelle.abeyta@nmlegis.
Nicole Chavez – (R) nicole.chavez@nmlegis.gov
William A. Hall II – (R) bill.hall@nmlegis.gov 505-
Dayan Hochman-Vigil – (D) dayan.hochman-vigil@
Alan T. Martinez – (R) Alan.Martinez@nmlegis.gov
