HOUSE BILL 100

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

INTRODUCED BY

Andrea Romero and Linda Serrato

 

 

 

 

 

AN ACT

RELATING TO FIREARMS; REQUIRING A FOURTEEN-DAY WAITING PERIOD BEFORE COMPLETION OF A SALE OF A FIREARM.

 

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

     SECTION 1. Section 30-7-7.1 NMSA 1978 (being Laws 2019, Chapter 45, Section 1) is amended to read:

     "30-7-7.1. UNLAWFUL SALE OF A FIREARM WITHOUT A BACKGROUND CHECK.--

          A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check, subject to the following:

                (1) if the buyer of a firearm is not a natural person, then each natural person who is authorized by the buyer to possess the firearm after the sale shall undergo a federal instant background check before taking possession of the firearm;

                (2) a prospective firearm seller who does not hold a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) shall arrange for a person who does hold that license to conduct the federal instant background check. A federal firearms licensee shall not unreasonably refuse to perform a background check pursuant to this paragraph; and

                (3) a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) may charge a fee not to exceed thirty-five dollars ($35.00) for conducting a background check pursuant to this section.

          B. Ownership, possession or control of a firearm shall not be transferred to the buyer earlier than fourteen calendar days after submission of the federal instant background check.

          [B.] C. The provisions of [Subsection] Subsections A and B of this section do not apply to the sale of a firearm:

                (1) by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a);

                (2) to a law enforcement agency;

                (3) between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act; or

                (4) between immediate family members.

          [C.] D. As used in this section:

                (1) "consideration" means anything of value exchanged between the parties to a sale;

                (2) "federal instant background check" means a background check that meets the requirements of 18 U.S.C. Section 922(t) and that does not indicate that a sale to the person receiving the firearm would violate 18 U.S.C. Section 922(g) or 18 U.S.C. Section 922(n) or state law;

                (3) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; and includes any handgun, rifle or shotgun; but shall not include an antique firearm as defined in 18 U.S.C. Section 921(16), a powder-actuated tool or other device designed to be used for construction purposes, an emergency flare or a firearm in permanently inoperable condition;

                (4) "immediate family member" means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle; and

                (5) "sale" means the delivery or passing of ownership, possession or control of a firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business.

          [D.] E. Each party to an unlawful sale in violation of this section may be separately charged for the same sale.

          [E.] F. Each firearm sold contrary to the provisions of this section constitutes a separate offense under Subsection A of this section.

          [F.] G. Two or more offenses may be charged in the same complaint, information or indictment and shall be punished as separate offenses.

          [G.] H. Whoever violates the provisions of this section is guilty of a misdemeanor."

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