Bill > SB255

This bill modifies existing New Mexico law regarding firearm sales and racketeering by creating new criminal offenses related to selling firearms without conducting a background check. Specifically, the bill expands the definition of unlawful firearm sale to include "facilitation of the unlawful sale of a firearm without a background check," which means allowing an unlawful firearm sale through a publicly available platform where reasonable industry-standard steps could have been taken to prevent such a sale. The bill changes the penalty for violating these provisions from a misdemeanor to a third-degree felony, meaning individuals could face more significant legal consequences. Additionally, the bill adds unlawful firearm sales without background checks to the state's list of racketeering offenses, which means such sales could be prosecuted under broader racketeering statutes. The background check requirement applies to most firearm sales, with exceptions for sales between immediate family members, to law enforcement agencies, between law enforcement officers, and by or to federal firearms licensees. Each firearm sold in violation of these provisions constitutes a separate offense, and multiple offenses can be charged in a single legal proceeding.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=255&year=25