HOUSE BILL 72

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Patricia Roybal Caballero and Linda M. Lopez and Eleanor Chávez

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL POSSESSION OR TRANSFER OF A SEMIAUTOMATIC FIREARM CONVERTER; PROVIDING EXCEPTIONS; PROVIDING A PENALTY; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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] UNLAWFUL POSSESSION OR TRANSFER OF A SEMIAUTOMATIC FIREARM CONVERTER--EXCEPTIONS--PENALTY.--

          A. It is unlawful for a person to knowingly possess or transfer a semiautomatic firearm converter, except when the person is performing duties on behalf of:

                (1) the state or a political subdivision of the state and the possession or transfer of the semiautomatic firearm converter is directly related to that person's duties; or

                (2) the armed forces of the United States, the army national guard of New Mexico or the air national guard of New Mexico and the possession or transfer of the semiautomatic firearm converter is directly related to that person's duties.

          B. A person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.

          C. As used in this section:

                (1) "automatic firearm" means a firearm that continuously feeds cartridges or fires, extracts and ejects cartridge cases as long as the trigger is fully depressed and the feed system contains cartridges. Actuation of the trigger may be from an internal power source such as gas pressure or recoil or an external power source such as electricity;

                (2) "firearm" means a weapon that can expel or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of a firearm; or any firearm muffler or firearm silencer;

                (3) "possess" means to actively or constructively exercise dominion over a semiautomatic firearm converter and includes use or manufacture;

                (4) "semiautomatic firearm" means a firearm that requires a separate pull or activation of the trigger for each shot fired and that uses the energy of discharge to perform a portion of the operating or firing cycle;

                (5) "semiautomatic firearm converter" means a firearm accessory or any other device, part or combination of parts that is designed or functions to increase the rate of fire of a semiautomatic firearm to simulate a rate of fire otherwise achievable only with an automatic firearm; and  

                (6) "transfer" means to move a semiautomatic firearm converter from one person or entity to another and includes receipt, purchase, sale, offer for sale, keep for sale, barter, trade, gift, give, lend, acquire or import."

     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 2024 to carry out the provisions of this act, including the funding of additional local and statewide law enforcement, court process and incarceration. Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.

     SECTION 3. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

     SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.