HOUSE BILL 85

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Patricia Roybal Caballero

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL POSSESSION OF A SEMIAUTOMATIC FIREARM CONVERTER; PROVIDING A PENALTY; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] UNLAWFUL POSSESSION OF A SEMIAUTOMATIC FIREARM CONVERTER.--

          A. Unlawful possession of a semiautomatic firearm converter consists of a person knowingly possessing a firearm accessory that is designed to increase the rate of fire of a semiautomatic firearm to simulate a rate of fire only otherwise achievable with an automatic firearm.

          B. A person who commits unlawful possession of a semiautomatic firearm converter is guilty of a fourth degree felony.

          C. For the purpose of this section:

                (1) "automatic firearm" means a firearm that will or is designed to or may readily be converted to expel more than one projectile by the action of an explosion, automatically and without manual reload by a single pull of the trigger;

                (2) "person" does not include an employee or person performing duties on behalf of the state or a political subdivision of the state when the possession of the semiautomatic firearm converter is directly related to that individual's duties; and

                (3) "semiautomatic firearm" means a firearm that:

                     (a) uses a portion of the energy of a firing cartridge to extract a fired cartridge case and to chamber the next round; and

                     (b) requires a separate pull of the trigger to fire each cartridge."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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