The House voted 53 to 14 Sunday to allow individuals legally carrying concealed weapons to bring guns into restaurants that serve beer and wine, unless a restaurant opts out of the program.
A similar bill passed the Senate last week.
The legislation, sponsored by Rep. John Heaton, D-Carlsbad, provoked a debate on the House floor over the exact circumstances allowing someone with a concealed weapon to patronize a restaurant that serves beer and wine.
One of the sticking points was alcohol consumption.
“So they can consume alcohol,” Rep. Jeff Steinborn, D-Las Cruces, asked Heaton.
“They cannot be inebriated or impaired if they are legally carrying a concealed weapon,” Heaton responded.
Steinborn repeatedly asked if an armed person could drink.
And Heaton repeatedly answered the same way; an individual cannot be inebriated.
Heaton told his colleagues the legislative change was needed because individuals legally carrying concealed weapons are having their weapons stolen after leaving them in vehicles when going out to eat with their families.
Heaton acknowledged that he didn’t have statistics to back up his assertion, but added that the Bernalillo County Sheriff’s Office testified that such thefts are a problem.
Restaurants could opt out of allowing concealed weapon permit holders onto their premises by putting up a sign, Heaton said.
He added that concealed weapons permit holders couldn’t patronize restaurants that serve liquor in addition to beer and wine. The penalty for doing so is a fourth-degree felony, Heaton said.
Heaton added that permit holders must go through competency training every two years.
Opponents stressed the possible violence emanating from such a state law.
“My concern is that we don’t revert to the Old West … where things can escalate and 18 people whip out guns and we have a shootout,” said Rep. Benjamin Rodefer, D-Corrales.
Rep. Antonio Lujan, D-Las Cruces, added that he didn’t see the wisdom of allowing guns into yet another area in a country so violent.
But Rep. Kathy McCoy, R-Cedar Crest, said that individuals with concealed weapons permits are taught in training to not pull the weapon out indiscriminately.
“They teach you to be extremely, extremely responsible,” McCoy said. “The only time you would pull out your gun is if your life is in danger. I think people who are opposed to this don’t know the training is the key issue here.”
The House bill now goes to the Senate.