New Mexico Democrats are going to have to move fast if they want to enact a massive gun control bill that includes a sweeping prohibition on the sale and transfer of semi-automatic firearms, given that this year's session only lasts 30 days. At the moment it's full speed ahead for SB 17, which is scheduled for its first hearing tomorrow morning in the Senate Health and Public Affairs Committee.
As introduced, the "Stop Illegal Gun Trade and Extremely Dangerous Weapons Act" (which is an extremely stupid and misleading title) would prohibit the sale of "extremely dangerous weapons" starting on July 1, 2026. And what exactly is an "extremely dangerous weapon"?
(1) a detachable magazine that holds more than ten rounds of ammunition;
(2) a .50 caliber rifle;
(3) a .50 caliber cartridge;
(4) a gas-operated semiautomatic firearm that can accept a detachable magazine;
(5) a gas-operated semiautomatic firearm with a fixed magazine that holds more than ten rounds of ammunition; or
(6) a machine gun.
As usual, the Democrats running this bill have an exemption for sales to law enforcement, though why they'd need any "extremely dangerous weapons" is beyond me.
Unlike the old-fashioned "assault weapon' bans that prohibit semi-automatic centerfire rifles, pistols, and shotguns that have one more cosmetic features like a bayonet lug or useful features like an adjustable stock, SB 17's definition of an "extremely dangerous weapon" is really simple, and would sweep up almost every semi-automatic rifle on the market today.
The good news for gun owners is that the same language was introduced last year and failed to even get a floor vote in the Senate. The bad news is that this time around Democrats have slipped the language into a larger bill that imposes new mandates on gun stores in an attempt to give reluctant lawmakers a bit of political cover. They didn't like the gun ban portion of the bill, you see, but they went along with it because it was so important to improve public safety and ensure gun dealer "accountability.";
It's far from certain that the strategy will prove successful, and New Mexico gun owners should be as engaged as possible with their representatives and senators in opposing SB 17 for all of its efforts to chill the exercise of a fundamental right.
There are portions of the bill that aren't particularly onerous, like making potential gun store employees go through background checks before they're hired. The bulk of SB 17, however, is a massive middle finger to the firearms industry and gun owners in the Land of Enchantment.
Gun store owners would be required to install security systems with motion and sound detection; "site hardening" upgrades including bars or grates,security screens and commercial-grade metal doors; video recording devices at each point of sale and each entrance and exit to the premises, from both the indoor and outdoor vantage point, with recordings being stored for a period of not less than two years; and "other reasonable requirements, as determined by the department and the attorney general, to reduce the risk of burglaries" and thefts of firearms that are being shipped to and from an FFL.
Additionally, FFLs would have to "establish and maintain a record of purchases, sales, acquisitions and dispositions" and make that available to any law enforcement agency "at any time", and presumably without the need for a warrant or even an active police investigation into a particular crime. Dealers would also be required to report the sale of multiple firearms within a five day period to the Department of Public Safety. Additionally, gun stores would have to submit an annual report to the DPS containing the number of firearms sold or transferred, listed by make and model of the firearm, along with "any other information required by the department."
The vague language is an invitation for state officials to harass FFLs and make the cost of doing business so prohibitive that it's not worth it to keep the doors open and the lights on. And for those dealers who do decide to fight on as best they can, the gun ban portion of SB 17 makes it impossible to sell the vast majority of commonly produced and owned rifles and shotguns, as well as many semi-automatic pistols.
Again, there is a real chance to defeat this bill. Gov. Michelle Lujan Grisham has been trying for several years to get the Democrat-controlled legislature to send a gun ban bill to her desk and they've refused every time. She'll be pulling out all the stops in lobbying since this is her last year in office, but her status as a lame duck may actually make it easier for lawmakers to stand up to her bullying and say "no." New Mexico gun owners shouldn't get discouraged or give up the fight just because this bill is about to get a hearing, but they should stand up, speak out, and let their representatives know where they stand.
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