SENATE BILL 8

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Richard C. Martinez and Peter Wirth

AN ACT

RELATING TO CRIME; REQUIRING A BACKGROUND CHECK WHEN CONDUCTING SALES OF A FIREARM; 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] 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 where the sale is made for a fee or other consideration.

          B. The provisions of Subsection A 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; or

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

          C. As used in this section:

                (1) "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;

                (2) "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; and

                (3) "sale" means the sale, 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. Each party to an unlawful sale in violation of this section may be separately charged for the same sale.

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

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

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

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

- 3 -