Senators voted 27-15 to approve Sen. George Muñoz‘ SB 40 that would allow those with concealed weapon permits to bring their guns into restaurants that serve beer and wine, unless a restaurant opts out of the program.

Legislators attempted to amend the bill five times, though each amendment was shot down. Sen. Peter Wirth, D-Santa Fe, citing law that already makes it a petty misdemeanor to carry a firearm while intoxicated, attempted to add language to make it a fourth-degree felony to have “a sip of beer” while carrying a concealed weapon into a restaurant. The amendment failed by a vote of 16-24.

If SB 40 passes — it must clear the House and get Gov. Bill Richardson’s signature — restaurant owners who do not want to allow concealed weapons into their establishments are allowed to opt out by posting signs that indicate they do not allow concealed weapons.

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