HOUSE BILL 38

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Kathleen Cates

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL POSSESSION OF A WEAPON CONVERSION DEVICE; PROVIDING A PENALTY.

 

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 OF A WEAPON CONVERSION DEVICE--PENALTY.--

          A. Unlawful possession of a weapon conversion device consists of a person knowingly having in that person's possession a weapon conversion device or knowingly transporting a weapon conversion device.

          B. Each weapon conversion device found in violation of this section constitutes a separate offense.

          C. A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony.

          D. As used in this section:

                (1) "fully automatic weapon" means a weapon that shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single and continuous held pull of the trigger;

                (2) "semiautomatic weapon" means a repeating rifle, shotgun or pistol, regardless of barrel or overall length, that uses a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round and that requires a separate pull of the trigger to fire each cartridge or shell; and

                (3) "weapon conversion device" means a part or combination of parts designed and intended to convert a semiautomatic weapon into a fully automatic weapon."

- 2 -