NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

New Mexico Attorney General

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

House Bill 179 would enact the Firearms Industry Lawsuit Reform Act, reserving the authority to file certain types of lawsuits against firearm manufacturers to the state. The Act would also eliminate liability for firearms manufacturers for failing to warn firearms users that firearms have the potential to cause serious injury, property damage or death. House Bill 179 would apply to pending lawsuits or lawsuits filed on or after the effective date of the Act.

Significant Issues

According to Attorney General analysis, Section 5 of House Bill 179 is unconstitutional because "no act of the legislature shall affect the right or remedy of either party, or change the rules of evidence or procedure, in any pending case (Article IV, sec. 34, New Mexico Constitution)." Also, Sections 3(A) and 3(B) are unconstitutional because "no person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws (Article II, sec. 18, New Mexico Constitution)."

BOC/gm