The New Mexico legislature is considering what appears to be an unconstitutional bill, SB17. The bill creates considerable red tape and records requirements for gun dealers. It also bans the sale of numerous common firearms by the simple requirement that dealers are forbidden to process background checks for the sale of those firearms. New Mexico requires background checks to be run by a dealer for nearly all sales of firearms in New Mexico. Excerpts of the bill from nmlegis.gov:
A. Beginning on July 1, 2026, a dealer shall not sell or transfer any of the following firearms, ammunition or devices to a person who is not licensed pursuant to 18 U.S.C. Section 923, nor shall a dealer process a background check pursuant to Section 30-7-7.1 NMSA 1978 for the transfer of any of the following firearms, ammunition and devices between parties that are not licensed pursuant to 18 U.S.C. Section 923;
(1) a detachable magazine that holds more than ten rounds of ammunition;
(snip)
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;
SB17 has seven sponsors as of this writing. They are six women and one man. Senators Micaelita Debbie O'Malley, Andrea Romero, Heather Berghmans, Charlotte Little, Patricia Roybal Caballero, and Peter Wirth. They are all members of the Democratic party. Senator Peter Wirth is the Majority Floor Leader. Republicans in the New Mexico House are asking the federal Department of Justice for help.
New Mexico House Republicans on Wednesday in a letter to the U.S. Department of Justice asked Assistant Attorney General Harmeet Dhillon to carefully review SB17 and offer guidance on its constitutionality.
“Among other provisions, SB17 would prohibit the sale and transfer of semiautomatic firearms in common use, ban magazines capable of holding more than 10 rounds, and outlaw entire classes of firearms based on operating mechanisms rather than criminal misuse,” the letter, signed by 26 New Mexico House Republicans, says. “At a time when New Mexico faces one of the highest crime rates in the nation, SB17 does nothing to target violent offenders. Instead, it imposes sweeping bans on law-abiding citizens, firearm dealers and sportsmen.”
Both the Attorney General in New Mexico and the Administrative Office of District Attorneys in New Mexico recognize there will be legal challenges to the portions of the bill which ban the sale of firearms and magazines over 10 rounds.
The Department of Public Safety (DPS) claims the odds are the bans would be upheld in the courts. DPS estimates a one-time cost of about $874,000 to build systems and recurring costs of about $1.6 million annually to enforce the provisions of the SB17. This correspondent did not find an estimate of the costs of defending the constitutionality of the bill in the courts.
The bill may face challenges based on the New Mexico state constitution. From NM Const art II § 6:
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
SB17 has not been voted on at present. The New Mexico Senate has 26 Democratic members and 16 Republican members. The House of Representatives has 44 Democratic members and 26 Republican members.
Gun control has not been a highly popular issue in the state. SB17 may be amended in committee.
©2026 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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