New Mexico Senate passes bill to curb illegal gun sales, theft

Legislation that would curb illegal gun trafficking statewide and ban the sale of firearms capable of mass casualties passed the New Mexico Senate on Saturday, clearing the way for House consideration during the second half of the 30-day session. 

Sponsored by Sen. Heather Berghmans and Micaelita Debbie O’Malley and Rep. Andrea Romero, Charlotte Little and Patricia Roybal Caballero, Senate Bill 17, the "Stop Illegal Gun Trade and Extremely Dangerous Weapons Act," ranks among Gov. Michelle Lujan Grisham's top public safety priorities for her final year in office.  

In reaction to the passage of SB 17, Senate Republican Leader Bill Sharer (R-Farmington) issued a statement.

“Today, Democrats in Santa Fe decided that the rights of New Mexicans to protect themselves and their families should be eliminated," Sharer stated in his statement. "Listen to the words they say, they have repeatedly admitted this bill is unconstitutional, yet they are forcing it upon law-abiding citizens. New Mexicans deserve to be represented by elected officials who take their oaths of office seriously, not by activists who hate our Constitution and who promote fringe radical policies designed to undermine the very foundation of our nation.” 

SB 17 would require gun dealers to adopt reasonable inventory and training practices that will help close the retail-to-criminal pipeline that puts guns into dangerous hands.  The bill would also prohibit the sale or transfer of firearms in New Mexico that are specified as “extremely dangerous,” including .50 caliber rifles and cartridges, certain gas operated semiautomatic firearms, and machine guns, as well as detachable magazines capable of holding more than 10 rounds.

 Certain low-caliber rimfire firearms, antique firearms, manually operated firearms, specified fixed-magazine firearms and transfers to law enforcement agencies, military entities, Indian nations and federally licensed dealers and manufacturers would be exempted under SB 17. 

“New Mexicans deserve to feel safe in their communities, and that means keeping guns out of the hands of criminals,” said Gov. Michelle Lujan Grisham. “This bill holds gun dealers to the same basic standards expected of any responsible business—securing inventory, training employees, and preventing illegal sales. This is common-sense legislation that will save lives and make our state a better place to raise a family. I’m grateful for the Senate’s vote today and I encourage the House to follow suit at the earliest opportunity.” 

SB 17 is part of a broader package of public safety bills that Lujan Grisham is urging lawmakers to approve during the 30-day session. The governor’s ongoing — now years-long — push to strengthen New Mexico’s public safety laws is partially in response to an epidemic of gun violence and crime in the state.  

In addition to criminalizing certain types of firearms, this legislation also attempts to overregulate local and small business owners in the firearm retail industry who already follow strict federal guidelines. 

“This is nothing but a backdoor ban on our right to bear arms,” said Walter Bracken, the owner of BMC Tactical in Albuquerque in a statement. “Progressives in Santa Fe know they can’t outright repeal the second amendment, so instead they’re trying to destroy the small businesses that support it. By placing unreasonable restrictions on our small businesses, they are ensuring that the only people with guns in New Mexico will be the ones who buy them on the black market, where no background checks are ever run.” 

“New Mexico has a serious problem with violent crime and guns, and SB 17 will take meaningful steps to address it,” Lujan Grisham said. “I urge my fellow New Mexicans to contact members of the House of Representatives and ask them to support this bill.” 

As the bill moves to the House, Republicans pledge to oppose SB 17 at every stage of the process.

“This legislation ignores clear constitutional precedent and puts New Mexico on a dangerous legal path," said House Republican leader Gail Armstrong. "Taxpayers will ultimately be forced to pay the price for this reckless decision.” 

House Republican caucus chair Rebecca Dow said the Republicans will continue to fight the legislation.

“We will fight this bill in committee, on the House floor, and in the public square," Dow said. "New Mexicans deserve real public safety solutions that target violent criminals, not laws that strip away freedoms and hurt local businesses and law-abiding citizens.”