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NMFIA
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To protect, preserve and promote the firearms industry in New Mexico
During the 2023 NM Legislative Session, there were many bills introduced that would negatively impact the firearms industry and individual gun owners without providing any reduction in crime. In fact, some would only bolster the black market for firearms. Several of the bills duplicated Federal Laws already in existence.
Below is a summary of anti-gun bills introduced in the 2023 session. The governor has already said she intends to bring back the assault weapons ban, increasing the age to buy a firearm to 21 and a waiting period for the 2024 legislative session.
Below is a summary of anti-gun bills introduced in the 2023 session. If passed, seven of the bills would have a direct negative impact industry wide in NM. Text of the full bills can be found at www.nmlegis.gov
SB 44 - Prohibit Firearms at Polling Places. Did not pass.
Would make it a felony to carry a firearm within 100 feet of a polling place when voting is occurring.
SB 116 - 21 Years Old to Purchase or Posses a Firearm. Did not pass.
Would increase the age to purchase a long gun to 21 and prohibit those under 21 from possessing a firearm except in very limited circumstances.
SB 171 - Prohibit Automatic Firearm Sales. Did not pass.
Would prohibit sale or transfer of all NFA items, frangible and hollow point ammunition.
SB 427 - Firearms Sales Waiting Period. Did not pass.
Would require a 14 day waiting period after firearm purchase before it could be transferred.
SB 428 - Firearms in Unfair Practices Act. Did not pass.
The firearms industry would be subject to a penalty of $250,000 for an unfair trade practice, while any other industry (except the marijuana industry, they were exempted) would be subject to a penalty of only $10,000. Currently that penalty is $300 for all industries. The definition of an unfair trade practice is very vague in the bill. The firearms industry is the only industry that a person could sue by simply having knowledge of an alleged violation, even though that person wasn’t harmed. If a suit is brought against a firearms business and the plaintiff wins, the defendant will have to pay plaintiffs legal fees. If the defendant wins the plaintiff isn’t liable for the defendants legal fees. This bill came very close to passing. It passed the full senate and was on the house floor waiting a vote when the session expired. (Continued)
The same legislator that sponsored the medical malpractice bill, which is chasing physicians out of NM, sponsored this bill. This would only be good for trial attorneys and bad for all NM businesses, except those in the marijuana industry.
SM 67 - Gun Violence Prevention Task Force. Did not pass.
Would create a task force to study gun violence in NM and make recommendations for addressing the issue.
HB 9 - Unlawful Access to a Firearm by Minor. Passed
Requires firearms to be secured so a minor can’t gain access.
HB 50 - Possession of Large Capacity Magazines. Did not pass.
Would make it a felony to possess a magazine holding more than 9 rounds. This was rolled into HB 101 and changed to more than 10 rounds.
HB 72 - Possession of Semi-Automatic Firearm Convertor. Did not pass.
Would ban the possession or sale of a device to convert a semi-automatic firearm to automatic.
HB - 100 Waiting Period for Firearm Sales. Did not pass.
Would require a 14 day waiting period after firearm purchase before it could be transferred.
HB101 - Large Capacity Magazines and Assault Weapons. Did not pass.
Would ban the sale or transfer of arbitrarily defined assault weapons, assault weapon attachments (stocks, flash hider, hand guard, etc) and magazines holding more than 10 rounds. All such items currently owned would require registration with NM State Police.
HB 224 - Firearms in Certain Areas and Circumstances. Did not pass.
Would make it a felony to carry a firearm in a municipality of over 90,000 people if under the influence of an intoxicant or narcotic, including in your own home or on your own property.
HB 238 - Discharging Firearm in Dense Population Area. Did not pass.
Would make it a 4th degree felony to discharge a firearm in a densely populated area (which isn’t defined) and doesn’t provide an exception for self-defense or shooting ranges.
HB 306 Purchase of a Firearm for Another. Passed.
Makes straw purchases and providing a firearm to a prohibited person a felony
