HOUSE BILL 156

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Patricia Roybal Caballero

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL POSSESSION OF A LARGE CAPACITY MAGAZINE; PROVIDING EXCEPTIONS; PROVIDING PENALTIES; MAKING AN APPROPRIATION.

 

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

     SECTION 1. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITION ON LARGE CAPACITY MAGAZINES--EXCEPTIONS--PENALTIES.--

          A. As used in this section, "large capacity magazine" means a magazine, box, drum, tube, feed strip or other container that is capable of holding more than fifteen rounds of ammunition to be fed continuously and directly into a semi-automatic firearm. "Large capacity magazine" does not mean:

                (1) a feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds;

                (2) an attached tubular device that is designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;

                (3) a tubular magazine that is contained in a lever-action firearm; or

                (4) a feeding device that was manufactured or sold solely for use by a lever-action or bolt-action rifle or shotgun, by an antique firearm or by a firearm determined to be a curio or relic by the federal bureau of alcohol, tobacco, firearms and explosives.

          B. Except as otherwise provided in this section, it is unlawful to possess, use, manufacture, import, purchase, sell, loan, borrow or transfer a large capacity magazine within the state.

          C. A person who violates this section is guilty of a fourth degree felony.

          D. The criminal offense described in Subsection B of this section shall not apply to:

                (1) a government officer, agent or employee, a member of the armed forces of the United States or a law enforcement officer who is authorized to carry a firearm in the course and scope of the duties of the government officer, agent or employee, member of the armed forces of the United States or law enforcement officer;

                (2) the manufacture of a large capacity magazine by a federally licensed firearms manufacturer for the purpose of sale to any branch of the armed forces of the United States or to a law enforcement agency for use by that agency or its employees;

                (3) a federal, state or local historical society, museum or institutional collection that is open to the public; provided that the large capacity magazine is properly housed and unloaded;

                (4) a resident of another state who transports a large capacity magazine into this state for use exclusively in an established shooting competition;

                (5) a forensic laboratory, or any authorized agent or employee of a forensic laboratory, for use exclusively in the course and scope of the agent's or employee's authorized activities; or

                (6) an entity that operates an armored vehicle business and an authorized employee of that entity while in the course and scope of the employee's employment."

     SECTION 2. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2023 to carry out the provisions of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2023 shall revert to the general fund.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.

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