SENATE BILL 171

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

INTRODUCED BY

William P. Soules

 

 

 

 

 

AN ACT

RELATING TO FIREARMS; PROHIBITING THE SALE OF AUTOMATIC FIREARMS.

 

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] RESTRICTIONS ON AUTOMATIC FIREARMS.--

          A. As used in this section:

                (1) "assault pistol" means a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics:

                     (a) an ammunition magazine that attaches to the pistol outside the pistol grip;

                     (b) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer;

                     (c) a shroud that is attached to or partially or completely encircles the barrel and permits the shooter to hold the firearm with the second hand without being burned;

                     (d) a manufactured weight of fifty ounces or more when the pistol is unloaded;

                     (e) a centerfire pistol with an overall length of twelve inches or more; or

                     (f) a semiautomatic version of an automatic firearm;

                (2) "automatic firearm" means any firearm that shoots, is designed to shoot or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or any combination of parts designed and intended, for use in converting a firearm into an automatic firearm and any combination of parts from which an automatic firearm can be assembled if the parts are in the possession or under the control of a single person; and

                (3) "semiautomatic" means the mode of operation by which a firearm uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of the trigger.

          B. The manufacture, sale, barter, trade, gift, transfer or acquisition of any of the following is prohibited: assault pistols; automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; mufflers, silencers or devices for deadening or muffling the sound of discharged firearms; any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capabilities to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

          C. Any person who installs, removes or alters a firearm part with intent to convert the firearm to an automatic firearm shall be deemed to have manufactured an automatic firearm in violation of Subsection B of this section.

          D. Any person who violates the provisions of this section is guilty of a fourth degree felony."

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