HOUSE BILL 137

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Andrea Romero and Linda Serrato and Patricia Roybal Caballero and Charlotte Little

 

 

 

 

AN ACT

RELATING TO FIREARMS; ENACTING THE GAS-OPERATED SEMIAUTOMATIC FIREARMS EXCLUSION ACT; PROHIBITING THE IMPORTATION, SALE, MANUFACTURE, TRANSFER, RECEIPT OR POSSESSION OF GAS-OPERATED SEMIAUTOMATIC FIREARMS; PROHIBITING LARGE-CAPACITY AMMUNITION FEEDING DEVICES; PROHIBITING DEVICES THAT MATERIALLY INCREASE THE RATE OF FIRE OF A FIREARM OR APPROXIMATE THE ACTION OR RATE OF FIRE OF A MACHINE GUN; PROHIBITING MACHINE GUNS AND MACHINE GUN ATTACHMENTS; REQUIRING THE ATTORNEY GENERAL TO LIST GAS-OPERATED SEMIAUTOMATIC FIREARMS SUBJECT TO THE PROVISIONS OF THE GAS-OPERATED SEMIAUTOMATIC FIREARMS EXCLUSION ACT; REQUIRING THE CERTIFICATION OF SEMIAUTOMATIC FIREARMS; PROVIDING EXCEPTIONS; PROVIDING PENALTIES.

 

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] SHORT TITLE.--This act may be cited as the "Gas-Operated Semiautomatic Firearms Exclusion Act"."

     SECTION 2. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Gas-Operated Semiautomatic Firearms Exclusion Act:

          A. "ammunition" means ammunition or cartridge cases, primers, bullets or propellent powder designed for use in any firearm;

          B. "cycle the action" means to extract the fired cartridge case, chamber the next cartridge and prepare the firing mechanism to fire again;

          C. "gas-operated" means any firearm that harnesses or traps a portion of the high-pressure gas from a fired cartridge to cycle the action using:

                (1) a long stroke piston, in which gas is vented from the barrel to a piston that is mechanically fixed to the bolt group and moves to cycle the action;

                (2) a short stroke piston, in which gas is vented from the barrel to a piston that moves separately from the bolt group so that the energy is imparted through a gas piston to cycle the action;

                (3) a system that traps and vents gas from either the barrel or the chamber to directly strike or impinge the bolt, bolt carrier or slide assembly to unlock and cycle the action;

                (4) a hybrid system that combines elements of a system described in Paragraph (3) of this subsection with a system described in Paragraph (1) or (2) of this subsection to capture gas vented from the barrel to cycle the action; or

                (5) a blowback-operated system that directly uses the expanding gases of the ignited propellant powder acting on the cartridge case to drive the breechblock or breech bolt rearward;

          D. "large-capacity ammunition feeding device":

                (1) means a magazine, belt, drum, feed strip, helical feeding device or similar device, including any such device joined or coupled with another in any manner, that:

                     (a) has an overall capacity of, or that can be readily restored, altered or converted to accept, more than ten rounds of ammunition; and

                     (b) is not permanently fixed; and

                (2) does not include any device designed to accept, and capable of operating only with, .22 or less caliber rimfire ammunition;

          E. "machine gun" has the same meaning as set forth in Section 5845(b) of the National Firearms Act and includes a semiautomatic firearm that has been modified in any way that:

                (1) materially increases the rate of fire of the firearm; or

                (2) approximates the action or rate of fire of a machine gun;

          F. "machine gun attachment":

                (1) means a manual, power-driven, or electronic device primarily designed or redesigned so that if the device is attached to a semiautomatic firearm, the device:

                     (a) materially increases the rate of fire of the firearm; or

                     (b) approximates the action or rate of fire of a machine gun; or

                (2) means a device, part or combination of parts that is designed and functions to materially increase the rate of fire of the semiautomatic firearm by eliminating the need for the operator of the firearm to make a separate movement for each individual function of the trigger; and

          G. "semiautomatic firearm" means any firearm that:

                (1) upon initiating the firing sequence, fires the first chambered cartridge and uses a portion of the energy of the firing cartridge to:

                     (a) extract the expended cartridge case;

                     (b) chamber the next round; and

                     (c) prepare the firing mechanism to fire again;

                (2) requires a separate pull, release, push or initiation of the trigger to fire each cartridge; and

                (3) is not a machine gun."

     SECTION 3. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITING THE IMPORTATION, SALE, MANUFACTURE, TRANSFER, RECEIPT OR POSSESSION OF GAS-OPERATED SEMIAUTOMATIC FIREARMS--PROVIDING EXCEPTIONS.--

          A. Beginning January 1, 2025, and except as provided in Subsection C or D of this section or Section 8 of the Gas-Operated Semiautomatic Firearms Exclusion Act, it is unlawful for any person to import, sell, manufacture, transfer or receive any of the following firearms, devices or combinations of parts:

                (1) a firearm that is included on the list of prohibited gas-operated semiautomatic firearms identified by the attorney general;

                (2) a modified non-prohibited firearm that, as modified, operates as a firearm included on the list of prohibited gas-operated semiautomatic firearms identified by the attorney general; 

                (3) a combination of parts that is designed and functions to modify an otherwise non-prohibited firearm so that the firearm, as modified, operates as a gas-operated semiautomatic firearm included on the list of prohibited gas-operated semiautomatic firearms identified by the attorney general;

                (4) a combination of parts that is designed to be assembled into a firearm that operates as a firearm included on the list of prohibited gas-operated semiautomatic firearms identified by the attorney general; or

                (5) a combination of parts that functions to produce a gas-operated semiautomatic cycling action.

          B. Beginning January 1, 2025, and except as provided in Subsection C or D of this section, it is unlawful for any person to possess a firearm, device or combination of parts described in Paragraphs (1) through (5) of Subsection A of this section.

          C. Subsections A and B of this section do not apply:

                (1) to the importation or manufacture by or for, sale or transfer to or possession by or under the authority of the United States or any department or agency thereof or a state or an Indian nation, tribe or pueblo or a department, an agency or a political subdivision thereof;

                (2) to the importation or manufacture for, sale or transfer to, or possession by, a licensee under Title 1 of the federal Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical security protection system and security organization required by federal law, or the transfer to, or possession by, a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

                (3) to the possession of a gas-operated semiautomatic firearm that, before January 1, 2025, was lawfully:

                     (a) manufactured;

                     (b) transferred by the manufacturer to another party; and

                     (c) certified by the owner in accordance with Section 7 of the Gas-Operated Semiautomatic Firearms Exclusion Act;

                (4) to the transfer of a gas-operated semiautomatic firearm that is lawfully possessed before January 1, 2025 in accordance with Paragraph (3) of this subsection, in which:

                     (a) the transferee is an immediate family member of the transferor; and

                     (b) upon taking possession of the firearm, the person to whom the firearm was transferred certifies the firearm in accordance with Section 7 of the Gas-Operated Semiautomatic Firearms Exclusion Act; or

                (5) to the transfer of a gas-operated semiautomatic firearm certified in accordance with Section 7 of the Gas-Operated Semiautomatic Firearms Exclusion Act to a person residing in another state or maintaining it in another state or to a licensed firearms dealer.

          D. A gas-operated semiautomatic firearm that is lawfully certified in accordance with the process established by the attorney general pursuant to Section 7 of the Gas- Operated Semiautomatic Firearms Exclusion Act may only be possessed:

                (1) on private property owned or immediately controlled by the person;

                (2) on private property that is not open to the public with the express permission of the person who owns or immediately controls such property;

                (3) while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful transfer or repair of the firearm;

                (4) while engaged in the legal use of the firearm at a properly licensed firing range or sport shooting competition venue; or

                (5) while traveling to or from the locations described in Paragraphs (1) through (4) of this subsection; provided that the firearm is unloaded and the firearm is enclosed in a case, firearm carrying box, shipping box or other container.

          E. Licensed firearms dealers shall mark all gas-operated semiautomatic firearms imported or manufactured under Paragraphs (1) and (2) of Subsection C of this section after January 1, 2025 in the manner prescribed by the attorney general before any transfer under Paragraphs (1) and (2) of Subsection C of this section.

          F. For purposes of this section:

                (1) "gas-operated semiautomatic firearm" does not include:

                     (a) any firearm designed to accept, and capable of operating only with, .22 caliber rimfire ammunition;

                     (b) a rifle that: 1) is a single-shot rifle; 2) is a breech loading rifle with a capacity not to exceed two rounds of ammunition; 3) is a muzzleloading rifle or smoothbore shoulder-fired firearm; 4) uses a bolt action, lever action or pump action to cycle the action of the rifle; or 5) has a permanently fixed magazine with a capacity not to exceed ten rounds of ammunition that cannot be converted or changed to accept more than ten rounds of ammunition;

                     (c) a shotgun that: 1) is a single-shot shotgun; 2) is a breech loading shotgun with a capacity not to exceed two rounds of ammunition; 3) is a muzzleloading shotgun; 4) uses a bolt action, lever action or pump action to cycle the action of the shotgun; 5) is a semiautomatic or autoloading shotgun that does not use detachable magazines; or 6) has a permanently fixed magazine with a capacity not to exceed ten rounds of ammunition that cannot be converted or changed to accept more than ten rounds of ammunition;

                     (d) a breech loading firearm capable of holding a single cartridge and a single shotgun shell simultaneously that must be reloaded after firing those rounds of ammunition; or

                     (e) a handgun that: 1) is a single-shot handgun; 2) is a breech loading handgun with a capacity not to exceed two rounds of ammunition; 3) is a muzzleloading or smoothbore handgun; 4) uses a bolt action to cycle the action of the handgun; 5) is a single- or double-action revolver; 6) is a single- or double-action semiautomatic handgun that uses recoil to cycle the action of the handgun; or 7) has a permanently fixed magazine with a capacity not to exceed fifteen rounds of ammunition that cannot be converted or changed to accept more than fifteen rounds of ammunition; and

                (2) "immediate family member" means:

                     (a) a spouse, parent, brother, sister or child of that person, or an individual to whom the person stands in loco parentis; or

                     (b) any other person living in the household of that person and related to that person by blood or marriage."

     SECTION 4. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITING LARGE-CAPACITY AMMUNITION FEEDING DEVICES.--

          A. Except as provided in Subsection C of this section and Section 8 of the Gas-Operated Semiautomatic Firearms Exclusion Act, on or after July 1, 2024, it is unlawful for any person to:

                (1) import, sell, manufacture, transfer or receive a large-capacity ammunition feeding device; or

                (2) possess a large-capacity ammunition feeding device manufactured after July 1, 2024.

          B. It is unlawful for any person who owns or possesses a large-capacity ammunition feeding device that was manufactured and purchased or transferred before July 1, 2024 to transfer a large-capacity ammunition feeding device after July 1, 2024.

          C. Subsection A of this section does not apply to:

                (1) the importation or manufacture by or for, sale or transfer to or possession by or under the authority of the United States or any department or agency thereof or a state or an Indian nation, tribe or pueblo or a department, an agency or a political subdivision thereof; or

                (2) the importation or manufacture for, sale or transfer to or possession by a licensee under Title 1 of the federal Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical security protection system and security organization required by federal law or the transfer to or possession by a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials.

          D. Any person in possession of a large-capacity ammunition feeding device:

                (1) shall mark such large-capacity ammunition feeding device imported or manufactured under Subsection C of this section after January 1, 2025 in the manner prescribed by the attorney general before any transfer; and

                (2) shall not obliterate or otherwise alter the serial number on such large-capacity ammunition feeding device."

     SECTION 5. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITING MACHINE GUNS AND MACHINE GUN ATTACHMENTS.--

          A. Beginning July 1, 2024, and except as provided in Subsection B or C of this section, it is unlawful for any person to import, sell, manufacture, transfer, receive or possess a machine gun or machine gun attachment.

          B. Subsection A of this section does not apply to:

                (1) the importation or manufacture by or for, sale or transfer to or possession by or under the authority of the United States or any department or agency thereof or a state or an Indian nation, tribe or pueblo or a department, an agency or a political subdivision thereof;

                (2) the importation or manufacture for, sale or transfer to or possession by a licensee under Title 1 of the federal Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical security protection system and security organization required by federal law, or the transfer to or possession by a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; and

                (3) machine guns and machine gun attachments lawfully registered with the United States bureau of alcohol, tobacco, firearms and explosives pursuant to the National Firearms Act.

          C. Whoever violates this section is guilty of a fourth degree felony."

     SECTION 6. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LIST OF REGULATED WEAPONS.--

          A. No later than December 1, 2024, the attorney general, in consultation with the department of public safety, shall identify the list of gas-operated semiautomatic firearms subject to the Gas-Operated Semiautomatic Firearms Exclusion Act that shall be published and made available on the attorney general's website. The attorney general shall update the list as necessary.

          B. The department of public safety shall:

                (1) require that each licensed firearms dealer record purchaser acknowledgment of the list published under Subsection A of this section before any sale of a firearm that is not prohibited under that list;

                (2) before removing any gas-operated semiautomatic firearm from the list required under Subsection A of this section, submit to the attorney general clear and convincing evidence that the firearm should be removed from the list; and

                (3) advise the attorney general on carrying out the authority described in Subsection A of this section.

          C. The attorney general may request any additional information from the manufacturer necessary to make the determination under Subsection A of this section.

          D. No later than December 1, 2024, the attorney general, in consultation with the department of public safety, shall publish on the attorney general's website the manner in which a large-capacity ammunition feeding device shall be marked pursuant to Subsection D of Section 4 of the Gas-Operated Semiautomatic Firearms Exclusion Act and the manner in

which gas-operated semiautomatic firearms shall be marked pursuant to Subsection E of Section 3 of the Gas-Operated Semiautomatic Firearms Exclusion Act."

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

     "[NEW MATERIAL] CERTIFICATION OF SEMIAUTOMATIC FIREARMS.--

          A. No later than October 1, 2024, the attorney general, in consultation with the department of public safety, shall develop and make available a system for certifying gas-operated semiautomatic firearms pursuant to Section 5 of the Gas-Operated Semiautomatic Firearms Exclusion Act.

          B. The certification shall include:

                (1) an affirmation that the person possessed the semiautomatic firearm pursuant to Section 5 of the Gas-Operated Semiautomatic Firearms Exclusion Act prior to January 1, 2025;

                (2) as applicable, the make, model, caliber and serial number of the firearm; and

                (3) the person's name, address, telephone number and date of birth.

          C. Information contained in the certification shall be confidential, is exempt from disclosure pursuant to the Inspection of Public Records Act and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties.

          D. The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury pursuant to Section 30-25-1 NMSA 1978.". In any administrative, civil or criminal proceeding in the state, a completed certification submitted to the attorney general by a person pursuant to this section creates a rebuttable presumption that the person is entitled to possess and transport the gas-operated semiautomatic firearm."

     SECTION 8. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NONRESIDENTS.--

          A. A nonresident may transport, within twenty-four hours, a firearm, device or combination of parts described in Paragraphs (1) through (5) of Subsection A of Section 3 of the Gas-Operated Semiautomatic Firearms Exclusion Act or a large-capacity ammunition feeding device manufactured after July 1, 2024 for a lawful purpose from a place where the nonresident may lawfully possess the firearm, device or combination of parts to another place where the nonresident may lawfully possess the firearm, device or combination of parts if, during the transportation, the firearm, device or combination of parts is unloaded and is not readily accessible or directly accessible from the passenger compartment of the transporting vehicle. In the case of a vehicle without a compartment separate from the driver's compartment, the firearm, device or combination of parts shall be contained in a locked container other than the glove compartment or console.

          B. Any nonresident who moves into the state in possession of a firearm, device or combination of parts described in Paragraphs (1) through (5) of Subsection A of Section 3 of the Gas-Operated Semiautomatic Firearms Exclusion Act shall, within sixty days, complete and submit a certification in accordance with the process established by the attorney general pursuant to Section 7 of the Gas-Operated Semiautomatic Firearms Exclusion Act.

          C. The provisions of this section shall not apply to a firearm, device or combination of parts described in Paragraphs (1) through (5) of Subsection A of Section 3 of the Gas-Operated Semiautomatic Firearms Exclusion Act or a large-capacity ammunition feeding device manufactured after July 1, 2024 that is lawfully certified within sixty days in accordance with Subsection B of this section, in which the transferee is:

                (1) an immediate family member of the transferor;

                (2) a firearms dealer or gunsmith for the purpose of lawful transfer or repair of the firearm; or

                (3) a person residing in another state."

     SECTION 9. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PENALTIES.--

          A. Unless specified otherwise in the Gas-Operated Semiautomatic Firearms Exclusion Act, whoever violates a provision of the Gas-Operated Semiautomatic Firearms Exclusion Act is guilty of a misdemeanor.

          B. Whoever commits, or attempts to commit, a felony offense while in possession of a gas-operated semiautomatic firearm or large-capacity ammunition feeding device in violation of the Gas-Operated Semiautomatic Firearms Exclusion Act is guilty of a fourth degree felony."

     SECTION 10. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SEVERABILITY.--If any part or application of the Gas-Operated Semiautomatic Firearms Exclusion Act is held invalid, the remainder or its application to other situations or persons shall not be affected."

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