Confirmed victory

Stop Santa Fe’s so-called “high” capacity magazine limitation

This petition made change with 455 supporters!

Santa Fe, NM. Councilors Patti Bushee, Ron Trujillo and Mayor David Coss have proposed an ordinance to ban the future possession, sale or transfer of any ammunition feeding device that accepts, or can be readily converted to accept, more than ten (10) rounds. However, this measure can't have a positive impact in our community and violates state law. A bill with similar goals recently failed in the US Senate.

This bill is preempted by the state of New Mexico and therefore is unconstitutional. New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "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. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms." A magazine is integral to the firearm and is sold with every single firearm that uses one. THEREFORE THIS BILL IS ILLEGAL AND UNCONSTITUTIONAL!

Ordinance 2013-27, however well-intentioned, is political posturing on the parts of Bushee, Trujillo and Coss. It’s an empty gesture so they, and we, can pat ourselves on the back and think “at least we did something”, without regard for effectiveness or unintended consequences. Whether you are for gun ownership or not, it is one of your rights under the federal and state Constitution. This is surely not a municipal issue and doesn't belong in our City Council!

This bill has already wasted tax payers money and will continue to draw endless state and city resources and hinder local businesses. Our tax funded councilors, law enforcement officers and lawyers will spend countless hours enforcing and or fighting this bill. Due to the unconstitutional nature of this bill it will be tied up in legal battles indefinitely.

It’s tempting to think that a ban on specific features or equipment will save lives. Unfortunately, the issue is not that simple. The presumed public safety benefits of the ordinance are dubious at best, yet its impact on responsible gun owners in our community will be immediate and pervasive. 

Firearms are regularly used in defensive situations by law-abiding persons and it is this group that will be impacted most directly by this ordinance. A local restriction on magazine size will not stop anyone from committing a violent act. The proposed ordinance is no more than a well-intentioned but hollow attempt to fix a much larger social problem. A real solution to the problem of violence would have to be national in scope and based on solid public policy supported by research. 

Please stand up to this questionable ordinance, sign this petition and OPPOSE Bill No. 2013-27
Please show up to the City Council meeting on June 26th at City Hall, 200 Lincoln Ave (Downtown Santa Fe). For updates on the meeting day and time please visit

Here are some resources with facts on guns and gun control, history and our civil rights. Education is the answer!

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