Bennie Hargrove Gun Safety Act Heads to Governor’s Desk

Safe storage bill clears final legislative step before being signed into law

Santa Fe, NM - House Bill 9, also known as “Bennie’s Bill,” cleared its final step in the legislature tonight. The House voted 34-28 to concur with the Senate on amendments made to the bill. The bill will now head to the desk of Governor Michelle Lujan Grisham, who has already expressed her support for it, to be signed into law by April 7th. 

House Bill 9 is a commonsense safe storage bill to protect children from gun violence and tragic accidents by making sure adults store their firearms responsibly. The bill is named in honor of Bennie Hargrove, the Albuquerque middle school student fatally shot in 2021 by a classmate who used his father’s improperly stored gun.

“While life will never be the same for Bennie’s family, House Bill 9 will help prevent other families in New Mexico from experiencing the same unthinkable tragedy,” said Representative Pamelya Herndon (D-Albuquerque). “This bill is the result of years of hard work by the families and students who have been affected by gun violence, and I am so happy to see it finally cross the finish line in the legislature and head to the Governor’s desk.” 

“Far too many young New Mexicans have been lost to senseless gun violence resulting from irresponsibly stored firearms,” said Senate President Pro Tempore Mimi Stewart (D-Albuquerque). “Keeping guns out of the reach of children is a simple and smart step we can take to keep children safe in their own homes, at school, and in our communities.” 

House Bill 9 holds adults accountable for negligently making a firearm accessible to a minor if the minor brandishes the weapon (a misdemeanor), and for making a firearm accessible to a minor if the minor uses the weapon and it results in great bodily harm or death (a fourth-degree felony).

 HB 9 is sponsored by Rep. Herndon and Pro Tem Stewart, along with Rep. Patricia Roybal Caballero (D-Albuquerque), Senator Antoinette Sedillo Lopez (D-Albuquerque), Rep. Joanne Ferrary (D-Las Cruces), Rep. Janelle Anyanonu (D-Albuquerque), and Rep. Tara Lujan (D-Santa Fe)

The bill is part of House Democrats’ slate of legislation to enhance the safety of New Mexico’s children and communities.

The Roundhouse is open to the public for the 2023 session. Members of the public can also view floor sessions and committee meetings on the New Mexico Legislature’s Webcasts tab, and provide comment via phone or Zoom as directed on the daily schedule.   

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