THE DISTRICT OF COLUMBIA’S HIGHEST COURT STRIKES  DOWN DC’S MAGAZINE CAPACITY BAN  

      THE DISTRICT OF COLUMBIA’S HIGHEST COURT STRIKES  DOWN DC’S MAGAZINE CAPACITY BAN        

On March 5, 2026, the District of Columbia Court of Appeals, the District’s highest court, issued a decision in Benson v. United States, holding that the District of Columbia’s ban on magazines capable of holding more than ten rounds of ammunition is unconstitutional because it violates the Second Amendment. This decision has significant implications because fourteen states have laws prohibiting the sale or possession of magazines based on their capacity. In Benson, the court concluded that magazines capable of holding more than ten rounds are “arms” for purposes of the Second Amendment, and that they are in “not only common but ubiquitous use for lawful purposes” across the United States. The court further found, using the framework articulated in the Supreme Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, that “there is no history or tradition of blanket bans on arms in such common use.” As a result, the court held that the District of Columbia’s ban on magazines capable of holding more than ten rounds is unconstitutional.   The Benson case arose from the conviction of the defendant who was stopped by law enforcement in the District and found to be in possession of a semi-automatic pistol equipped with a 30-round magazine. The defendant was charged and convicted of multiple offenses, including violation of D.C. Code § 7-2506.01(b)-(c), the District’s law prohibiting possession of magazines capable of holding more than ten rounds of ammunition. In defense of the charges against him, the defendant challenged the constitutionality of the District’s magazine capacity ban, arguing that it violated the Second Amendment. After holding that the magazine capacity restriction is unconstitutional, the Court of Appeals reversed the defendant’s convictions.   This decision is important because it recognizes that magazines capable of holding more than ten rounds are components of many commonly owned firearms and are possessed by millions of Americans for lawful purposes. Applying the Bruen test, the court found that there is no analogous historical tradition of firearm regulation that would support a ban on such magazines. The decision creates a divide among the federal circuit courts and state courts of last resort because federal Courts of Appeals have upheld similar laws in other states.  For example, the Ninth Circuit Court of Appeals last year upheld California’s magazine capacity ban in the case of Duncan v. Bonta. The court in Benson explicitly disagreed with the Ninth Circuit’s finding in Duncan that ownership statistics related to the use of magazines capable of holding more than ten rounds of ammunition are not an appropriate measurement of “common use.” The Bensen court found that ownership statistics are relevant to the Bruen analysis and that such magazines “are the most preferred type of magazine” in the United States. This split means that the constitutionality of laws prohibiting magazines capable of holding more than ten rounds of ammunition will eventually require resolution by the Supreme Court.   The Bensen decision is another example of courts attempting to interpret and apply the Bruen historical tradition test with respect to  firearms laws around the country. The Supreme Court is expected to provide more  guidance on how to apply the Bruen test when it issues a decision later  this year in United States v. Hemani, which will address the  constitutionality of 18 U.S.C. § 922(g)(3), a provision of the Gun Control Act  that prohibits the possession of firearms by anyone who is an “unlawful user of  or addicted to any controlled substance.”   Renzulli Law Firm, LLP will  continue to monitor new and developing firearms related litigation around the country. If you have any questions concerning the firearms industry, please  contact Christopher Renzulli.
Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments
Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on the Firm’s website. 
 
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  Alert New Mexico House Hearing On SB 17  Your Neighborhood Gun Store AND Gun Show Needs Your Help

  Alert New Mexico House Hearing On SB 17  Your Neighborhood Gun Store AND Gun Show Needs Your Help   On Wednesday, February 11, 2026, many New Mexico gun stores will be closed so their owners and employees can attend the hearing on SB 17. This bill threatens the survival of local, family-owned firearm businesses. If it passes, many of these stores will be forced to shut down permanently. That is why so many gun store owners will be in the hearing instead of open for business — they are fighting for their livelihoods and their employees’ jobs.    SB 17 – HOUSE COMMITTEE HEARING NOTICE Senate Bill 17 will be heard in the House Commerce & Economic Development Committee.  Wednesday, February 11, 2026
 1:30 PM
 Room 317, New Mexico State Capitol 
This is a critical stop for SB 17 in the House. Attendance, testimony, and legislator contact matter right now. We only need to turn one vote to end this unconstitutional act. Current Status of SB 17 Bill Title: Stop Illegal Gun Trade and Extremely Dangerous Weapons Act  Contact Your Legislature – What to Say When contacting legislators or providing testimony, keep it respectful, brief, and focused: Ask them to OPPOSE SB 17SB 17 places heavy new burdens on law-abiding firearm dealers without addressing criminal misuse.The bill risks job losses, higher costs, and business closures for New Mexico small businesses.Similar laws in other states have led to costly legal challenges paid for by taxpayers.Public safety can be improved by enforcing existing laws, not by restricting lawful commerce and constitutional rights.   A simple message works: “I respectfully ask you to oppose SB 17. This bill harms lawful businesses, invites costly litigation, and does not address violent crime.”    Who to Contact  Priority contacts: Members of the House Commerce & Economic Development CommitteeYour own State Representative
  How to engage: Call and/or email committee members before Wednesday’s hearingAttend the hearing in person if possibleZoom in to speak during public commentBe polite, concise, and identify yourself as a New Mexico constituent     House Commerce & Economic Development Committee
 Representative Doreen Y. Gallegos – (D) CHAIR Email: Doreen.gallegos@nmlegis.gov Office Phone: 505-986-4329   Representative Janelle Anyanonu – (D) Vice Chair Email: Janelle.Anyanonu@nmlegis.gov Office Phone: 505-986-4435   Representative Joshua N. Hernandez – (R) Ranking Member Email: joshua.hernandez@nmlegis.gov Office Phone: 505-986-4215   Representative Gail Armstrong – (R) – Minority Floor Leader Email: gail@gailfornewmexico.com Office Phone: 505-986-4758   Representative Art De La Cruz – (D) Email: art.delacruz@nmlegis.gov Office Phone: 505-986-4333   Representative Derrick J. Lente – (D) Email: derrick.lente@nmlegis.gov Office Phone: 505-986-4420   Representative Jimmy G. Mason – (R) Email: Jimmy.Mason@nmlegis.gov Office Phone: 505-986-4220   Representative Marian Matthews – (D) Email: marian.matthews@nmlegis.gov Office Phone: 505-986-4248   Representative Mark B. Murphy – (R) Email: mark.murphy@nmlegis.gov Office Phone: 505-986-4454   Representative Cristina Parajón – (D) Email: cristina.parajon@nmlegis.gov Office Phone: 505-986-4436   Representative Linda Serrato – (D) Email: linda.serrato@nmlegis.gov Office Phone: 505-986-4243   CLICK HERE TO FIND YOUR NM HOUSE REPRESENTATIVE   Concise email list, easier to copy and paste: Doreen.gallegos@nmlegis.gov Janelle.Anyanonu@nmlegis.gov joshua.hernandez@nmlegis.gov gail@gailfornewmexico.com art.delacruz@nmlegis.gov derrick.lente@nmlegis.gov Jimmy.Mason@nmlegis.gov marian.matthews@nmlegis.gov mark.murphy@nmlegis.gov cristina.parajon@nmlegis.gov linda.serrato@nmlegis.gov  

Oppose Senate Bill 17 (SB17)

Senate Judiciary Committee on Monday, February 2, 2026 at 1:30 PM. Room 321. We need to stop this bill now! ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­

logo

NEW MEXICO FIREARMS INDUSTRY ASSOCIATION

To PROTECT, PRESERVE and PROMOTE the firearms industry in New Mexico newmexicofia.org

Oppose Senate Bill 17 (SB17) The NEW MEXICO FIREARMS INDUSTRY ASSOCIATION is alerting customers and supporters to the Unconstitutional Senate Bill 17 (SB17) — one of the most sweeping gun control bills introduced in New Mexico in recent years. SB17 has been scheduled for its 2nd committee hearing in the Senate Judiciary Committee on Monday, February 2, 2026 at 1:30 PM. Room 321. We need to stop this bill now!

❌ What SB17 Does   SB17, titled the “Stop Illegal Gun Trade and Extremely Dangerous Weapons Act,” would: Ban the sale and transfer of commonly owned gas-operated semi-automatic firearms Ban standard-capacity magazines holding more than 10 rounds

Classify these lawful firearms and magazines as “extremely dangerous weapons” Impose extensive new regulations on New Mexico gun stores, including: Create a Statewide Gun Registry with your Gun information that the State has access too.

Costly security mandates Expanded reporting and record-keeping requirements Mandatory training and age requirements for dealer employees Increased inspections and civil penalties  

These provisions target law-abiding gun owners and small businesses, not criminals. They want to put Gun Stores out of Business!

⚠️ Why NMFIA Opposes SB17 SB17 does nothing to address violent crime or criminal misuse of firearms. Instead, it: Restricts constitutionally protected firearms commonly owned by New Mexicans

Places crushing regulatory burdens on local, family-owned gun stores Diverts resources away from enforcing existing laws against violent offenders Punishes responsible citizens while criminals continue to ignore the law   Public safety is achieved through enforcement, accountability, and education — not blanket bans and overregulation.

📣 TAKE ACTION NOW We need your voice.

✔️ Contact members of the Senate Judiciary Committee

✔️ Submit public comment opposing SB17

✔️ Attend or watch the hearing on Monday, February 2nd at 1:30 PM     (Room 321)

✔️ Share this alert with friends and family Your engagement matters. Bills like SB17 advance quickly when citizens stay silent. Email or Call The Senate Judiciary Committee and tell them to oppose SB17

      Senate Judiciary Committee Members       Senator Joseph Cervantes – Email: joseph.cervantes@nmlegis.gov   Office Phone: 505-986-4861 Senator Antonio Maestas – Email: antonio.maestas@nmlegis.gov   Office Phone: 505-986-4373   Senator Crystal Brantley – Email: crystal.brantley@nmlegis.gov   Office Phone: 505-986-4369     Senator Pat Boone – Email: pat.boone@nmlegis.gov   Office Phone: 505-986-4393 Senator Katy Duhigg – Email: katy.duhigg@nmlegis.gov   Office Phone: 505-986-4270       Senator Antoinette Sedillo Lopez – Email: a.sedillolopez@nmlegis.gov   Office Phone: 505-986-4389     Senator Mimi Stewart  – Email: mimi.stewart@nmlegis.gov   Office Phone: 505-986-473       Senator James G. Townsend – Email: townsend@pvtn.net   Office Phone: 505-986-4366     Senator Peter Wirth – Email: peter.wirth@nmlegis.gov   Office Phone: 505-986-4727

🧠 Stay Engaged The New Mexico Firearms Industry Association will continue to monitor SB17 closely and keep members informed as this bill moves through the legislative process. Together, we can protect the rights of law-abiding New Mexicans    

Also contact your own State Senator and tell them that you Oppose SB17 DON’T KNOW YOUR LEGISLATOR USE THE BUTTON BELOW

Rectangle: Rounded Corners: CONTACT YOUR STATE LEGISLATOR HERE  


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NMSSA Legislative Alert:SB17 Scheduled for Hearing

NMSSA Legislative Alert:SB17 Scheduled for Hearing

Oppose Senate Bill 17 (SB17)
The New Mexico Shooting Sports Association is alerting members and supporters to Senate Bill 17 (SB17) — one of the most sweeping gun control bills introduced in New Mexico in recent years.
SB17 has been scheduled for its first committee hearing in the Senate Health and Public Affairs Committee on Wednesday, January 28, 2026 at 1:30 PM.

❌ What SB17 Does
SB17, titled the “Stop Illegal Gun Trade and Extremely Dangerous Weapons Act,” would: Ban the sale and transfer of commonly owned gas-operated semi-automatic firearmsBan standard-capacity magazines holding more than 10 rounds Classify these lawful firearms and magazines as “extremely dangerous weapons” Impose extensive new regulations on New Mexico gun stores, including:
Costly security mandates Expanded reporting and record-keeping requirements Mandatory training and age requirements for dealer employeesIncreased inspections and civil penalties
These provisions target law-abiding gun owners and small businesses, not criminals.

⚠️ Why NMSSA Opposes SB17
SB17 does nothing to address violent crime or criminal misuse of firearms. Instead, it: Restricts constitutionally protected firearms commonly owned by New Mexicans Places crushing regulatory burdens on local, family-owned gun stores Diverts resources away from enforcing existing laws against violent offenders Punishes responsible citizens while criminals continue to ignore the law
Public safety is achieved through enforcement, accountability, and education — not blanket bans and overregulation.

📣 TAKE ACTION NOW
We need your voice.✔️ Contact members of the Senate Health and Public Affairs Committee
✔️ Submit public comment opposing SB17
✔️ Attend or watch the hearing on Wednesday, January 28 at 1:30 PM  
(Room 311)✔️ Share this alert with friends and family
Your engagement matters. Bills like SB17 advance quickly when citizens stay silent.
Contact the Senate Health and Public Affairs Committeeand tell them to oppose SB17

Senate Health and Public Affairs Committee
Linda M. López – Email: linda.lopez@nmlegis.gov
Martin Hickey – Email: martin.hickey@nmlegis.gov
Larry R. Scott – Email: larry.scott@nmlegis.gov
Jay C. Block – Email: jay.block@nmlegis.gov
Angel M. Charley – Email: angel.charley@nmlegis.gov
David M. Gallegos – Email: david@ramirezandsonsinc.com
Cindy Nava – Email: cindy.nava@nmlegis.gov
Shannon D. Pinto – shannon.pinto@nmlegis.gov
Harold Pope – Email: harold.popejr@nmlegis.gov
Rex Wilson – Email: rex.wilson@nmlegis.gov
🧠 Stay Engaged
The New Mexico Shooting Sports Association will continue to monitor SB17 closely and keep members informed as this bill moves through the legislative process.
Together, we can protect the rights of law-abiding New Mexicans. The New Mexico Shooting Sports Association, Inc.
is a 501c4 non-profit corporation.
Tickets and donations to NMSSA are not tax-deductible.
Copyright (C) 2026 New Mexico Shooting Sports Association. All rights reserved.

NM SB17 Summery

NSSF – SENATE BILL 17 SUMMARY

The bill imposes an unnecessary and draconian regulatory scheme on federally licensed firearm dealers in the state.  It also bans the transfer of magazines capable of holding more than ten rounds, NFA-registered machine guns, and a wide array of common semi-automatic firearms.

Directs the Department of Public Safety to promulgate rules requiring the following security measures be taken by dealers:

  • Installation of a Department-approved security system that meets minimum requirements established in the legislation
  • Use of loosely defined physical site hardening measures
  • Installation and use of video cameras at all points of sale and both sides of every external door.  All video recordings must be retained for a minimum of two years.
  • Any other “reasonable” measures the Attorney General or Department may deem reasonable.  This includes measures to prevent theft of firearms being shipped.

Authorizes the Department to impose some or all of these security requirements on gun shows, defined as an event where 25 or more firearms are offered for sale or transfer.

Prohibits dealers from hiring employees under the age of 21 who may “handle, sell, or deliver firearms.”  Dealers must perform criminal background checks on employees.  Frequency of checks is not specified.

Requires all dealer employees to complete annual training developed by the Department which includes a minimum of:

  • Familiarity with state and federal law governing firearm transfers
  • Strategies to recognize and prevent straw purchases
  • How to recognize and report “fraudulent activity”
  • How to educate customers on gun safety practices and safe storage
  • Any other material the Department “deems necessary and appropriate”

Establishes a state requirement for dealers to maintain records pertaining to all purchases, sales, acquisitions, and dispositions and details what information must be included.

Requires all dealers to perform a monthly inventory check and maintain all records of BATFE trace requests for a period of six years.

Mandates dealers allow any law enforcement officer access to all state-required records during business hours.  Other than designating it confidential, there is no prohibition against the misuse of this information, creation of gun owner registries, etc.

Specifies that a dealer who discontinues operations must transfer all state-required records to the successor dealer, or to the Department within 30 days if there is no successor.

Requires dealers to report transactions to the Department involving more than one firearm within a period of five business days, presumably transactions to the same person.

Directs that all thefts or losses of dealer firearms be reported to the Department within 48 hours of discovery.

Provides dealers a 24-hour deadline for responding to all law enforcement requests for traces or records.

Requires dealers to provide quarterly reports to the Department and Attorney General concerning the number of trace requests and details of the firearms involved.  These reports shall disclose whether a BATFE inspection has been conducted within the last ten years and provide actions taken by BATFE.

Directs dealers and manufacturers to notify the Department within 24 hours after the conclusion of a BATFE inspection and requires them to send the Department any resulting reports of violations or letters where they will be permanently retained.

Mandates dealers submit an annual report to the department detailing the number of firearms sold or transferred during the year and make and model of those firearms.  The number of completed Form 4473s during the year shall be included.

Prohibits the sale or transfer of the following firearms, ammunition, or devices after July 1, 2026:

  • Detachable magazines capable of holding more than 10 rounds of ammunition
  • .50 caliber rifles and cartridges
  • Gas-operated semiautomatic firearms that can accept detachable magazines, or that are equipped with a fixed magazine capable of holding more than 10 rounds
  • Registered machine guns

Exempts the following firearms from the sale and transfer prohibition:

  • Firearms that fire .22 and smaller caliber rimfire ammunition
  • Antique firearms
  • Firearms that are single shot, breech-loading with a capacity not exceeding 2 rounds, muzzleloading, bolt-action, lever-action, or pump-action.
  • Single or double action semiautomatic handguns that use recoil to cycle action
  • Firearms with fixed magazine not capable of holding more than 10 rounds

Specifies that government officials and federally licensed dealers, distributors, and manufacturers are exempted from the prohibition. 

Requires dealers to annually certify to the Department that they are in compliance with the law. 

Directs the Department to promulgate rules establishing an inspection process for dealers that must occur at least once every three years.  Dealers shall provide the Department unfettered access to the entire premises during the inspection.

Requires the Department to issue an annual report disclosing inspection results.  This shall include a name-and-shame campaign against all dealers who have firearms that have passed through their dealerships involved in trace requests or criminal investigations.

Creates posting requirements for all dealer premises. 

Use the Take Action link below to contact your elected officials and express your strong opposition to SB 176.

  NRA-ILA: Institute for Legislative Action   New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee     Tomorrow, the New Mexico Senate Health & Public Affairs Committee is scheduled to hold a hearing on an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. Use the Take Action link below to contact your elected officials and express your strong opposition to SB 176. Senate Bill 17, introduced by Micaelita Debbie O’Malley, Andrea Romero, and Heather Berghmans, would unconstitutionally strip law-abiding New Mexicans of their Second Amendment rights by banning common gas-operated semiautomatic firearms, .50 caliber rifles, and magazines holding more than ten rounds under the guise of “extremely dangerous weapons.” The act further targets the industry by imposing excessive and costly bureaucratic mandates on local firearm dealers, including invasive “site hardening” security measures and 24-hour response requirements for law enforcement trace requests. Finally, it compromises the privacy of peaceful citizens through centralized record-keeping of purchaser identities and serial numbers while threatening dealers with felony charges for technical compliance errors. Please stay tuned to the NRA-ILA website and your inbox for updates. NRA-ILA: Institute for Legislative Action FOLLOW NRA-ILA Facebook Twitter YouTube Instagram © 2024 National Rifle Association of America, Institute For Legislative Action. To contact NRA-ILA call 800-392-8683. Address: 11250 Waples Mill Road Fairfax, Virginia 22030.
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The “omnibus” gun control bill now has a number and its first committee assignment. SB17



The 2026 New Mexico Legislative Session is well underway. Below is where we stand and what is on the agenda for the upcoming week.

The “omnibus” gun control bill now has a number and its first committee assignment. SB17 is in the Senate Health and Public Affairs Committee. It has yet to be scheduled for a hearing, but it could be heard as soon as Wednesday the 28th. The bill would ban the sale of “gas-operated” semi-automatic firearms, magazines that hold more than 10 rounds, and place a litany of restrictions on New Mexico gun stores.

On Monday the 26th, the New Mexico Attorney General will be giving a presentation to the Senate Judiciary Committee on where the state stands in defending the 7-day waiting period (zoom link). That will take place in Room 321 at 1:30pm or 1/2 hour after the conclusion of the senate floor session.

On Tuesday, the 27th, the House Consumer and Public Affairs Committee will be hearing HB25. The bill would ban anyone with a “juvenile disposition
for a delinquent act involving use of a firearm” from owning a firearm for 10 years from the disposition. In the juvenile system, disposition is the term used instead of conviction. 

It is possible there will be more bills and committee hearings of interest to gun owners this week – the 30-day session moves very quickly. NMSSA will send updates as needed to keep you appraised of the latest in Santa Fe.


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JOIN AND SUPPORT THE NMSSA AND OUR 2A RIGHTS IN NEW MEXICO

HERE IS YOUR NEW MEXICO NEW AND IMPROVED GUN BAN

“[NEW MATERIAL] PROHIBITING THE SALE OF EXTREMELY
DANGEROUS WEAPONS.–
A. Beginning on July 1, 2026, a dealer shall not
.232564.4

  • 12 –

    sell or transfer any of the following firearms, ammunition or
    devices to an unlicensed person, 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;
    (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.
    B. The provisions of Subsection A of this section
    do not apply to the sale of:
    (1) a firearm designed to accept, and capable
    of operating only with, .22 or less caliber rimfire ammunition;
    (2) an antique firearm; or
    (3) a firearm that:
    (a) is a single-shot rifle, shotgun or
    handgun;
    (b) is a breech-loading rifle, shotgun
    .232564.4
  • 13 –

    or handgun with a capacity not to exceed two rounds of
    ammunition;
    (c) is a muzzleloading rifle, shotgun or
    handgun;
    (d) is a bolt-action rifle, shotgun or
    handgun;
    (e) is a lever-action or pump-action
    rifle or shotgun;
    (f) is a single- or double-action
    semiautomatic handgun that uses recoil to cycle the action of
    the handgun; or
    (g) has a fixed magazine with a capacity
    not to exceed ten rounds of ammunition.
    C. The provisions of Subsection A of this section
    do not apply to the sale or transfer of a firearm or device to:
    (1) a law enforcement agency in the state, the
    United States armed forces, the New Mexico national guard or
    the New Mexico state defense force;
    (2) an Indian nation, tribe or pueblo or an
    agency or political subdivision thereof;
    (3) a licensee under Title 1 of the federal
    Atomic Energy Act of 1954 or its contractor for purposes of
    establishing and maintaining an on-site physical security
    protection system and security organization required by federal
    law or the transfer to a site; or
    .232564.4
  • 14 –

    (4) a dealer, distributor or manufacturer
    licensed under 18 U.S.C. Section 923.”
    SECTION 8. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:

By July 4th of 2026, the Democrats in New Mexico want to TAKE AWAY your right to self preservation!


SENATE BILL
57TH LEGISLATURE – STATE OF NEW MEXICO – SECOND SESSION, 2026
INTRODUCED BY
Micaelita Debbie O’Malley and Andrea Romero
and Heather Berghmans
AN ACT
RELATING TO FIREARMS; ENACTING THE STOP ILLEGAL GUN TRADE AND
EXTREMELY DANGEROUS WEAPONS ACT; REQUIRING DEALER SECURITY
MEASURES TO PREVENT THEFT AND LOSS OF FIREARMS; PROVIDING A
MINIMUM AGE FOR EMPLOYMENT AT A FIREARMS DEALER; REQUIRING
DEALER MAINTENANCE OF RECORDS; REQUIRING DEALER REPORTING OF
CRIME GUN TRACES, MULTIPLE FIREARM SALES, THEFTS AND LOSSES;
PROHIBITING THE SALE OF EXTREMELY DANGEROUS WEAPONS; PROVIDING
FOR INSPECTIONS; REQUIRING DEALERS TO POST LEGAL AND SAFETY
NOTICES TO FIREARM PURCHASERS; 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] SHORT TITLE.–This act may be cited as the
“Stop Illegal Gun Trade and Extremely Dangerous Weapons Act”.”
.232564.4

SECTION 2. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] DEFINITIONS.–As used in the Stop Illegal
Gun Trade and Extremely Dangerous Weapons Act:
A. “.50 caliber cartridge” means a cartridge in .50
browning machine gun caliber, either by designation or actual
measurement, that is capable of being fired from a centerfire
rifle. “.50 caliber cartridge” does not include a memorabilia
or display item that is filled with a permanent inert substance
or that is otherwise permanently altered in a manner that
prevents ready modification for use as live ammunition or
shotgun ammunition with a caliber measurement that is equal to
or greater than .50 caliber;
B. “.50 caliber rifle” means a centerfire rifle
capable of firing a .50 caliber cartridge. “.50 caliber rifle”
does not include an antique firearm, a shotgun that has a rifle
barrel or a muzzle-loader that uses black powder for hunting or
historical reenactments;
C. “antique firearm” has the meaning given to it in
18 U.S.C. Section 921(16);
D. “dealer” means a person or business in the state
that holds a federal firearms license issued in accordance with
18 U.S.C. Section 923(a)(3);
E. “department” means the department of public
safety;
.232564.4


  • F. “detachable magazine” means an ammunition
    feeding device that is not attached to a firearm and may be
    removed from the firearm without rendering the firearm
    incapable of accepting a magazine;
    G. “firearm” has the same meaning as in Section
    30-7-16 NMSA 1978;
    H. “fixed magazine” means an ammunition feeding
    device contained in, or permanently attached to, a firearm in
    such a manner that the device cannot be removed without
    disassembly of the firearm action;
    I. “gas-operated firearm” means any firearm that
    harnesses or traps a portion of the high-pressure gas from a
    fired cartridge to cycle the action using:
    (1) a long-stroke piston, in which gas is
    vented from the barrel to a piston that is mechanically fixed
    to the bolt group and moves to extract the fired cartridge case
    and chamber the next cartridge;
    (2) a short-stroke piston, in which gas is
    vented from the barrel to a piston that moves separately from
    the bolt group so that the energy is imparted through a gas
    piston to extract the fired cartridge case and chamber the next
    cartridge;
    (3) a system that traps and vents gas from
    either the barrel or the chamber to directly strike or impinge
    the bolt, bolt carrier or slide assembly to extract the fired
    .232564.4
  • 3 –

    cartridge case and chamber the next cartridge;
    (4) a hybrid system that combines elements of
    a system described in Paragraph (3) of this subsection with a
    system described in Paragraph (1) or (2) of this subsection to
    capture gas vented from the barrel to extract the fired
    cartridge case and chamber the next cartridge; or
    (5) a blowback-operated system that directly
    uses the expanding gases of the ignited propellant powder
    acting on the cartridge case to drive the breechblock or breech
    bolt rearward;
    J. “gun show” means an event at which twenty-five
    or more firearms are on site and available for sale or transfer
    to the public;
    K. “law enforcement agency” means the police
    department of any city or town, the sheriff’s office of any
    county, the New Mexico state police division of the department
    of public safety, a district attorney’s office in the state and
    the state department of justice;
    L. “law enforcement officer” means a public
    official or public officer vested by law with a duty to
    maintain public order or to make arrests;
    M. “machine gun” has the same meaning as set forth
    in Section 5845(b) of the federal National Firearms Act and
    includes a semiautomatic firearm that has been modified in any
    way that approximates the action or rate of fire of a machine
    .232564.4
  • 4 –

    gun;
    N. “manufacturer” means a person or business in the
    state that holds a federal firearms license issued in
    accordance with 18 U.S.C. Section 923(a)(1);
    O. “semiautomatic firearm” means a firearm that is
    not a machine gun and that, upon initiating the firing
    sequence, fires the first chambered cartridge and uses a
    portion of the energy of the firing cartridge to extract the
    expended cartridge case, chamber the next round and prepare the
    firing mechanism to fire again and requires a separate pull,
    release, push or initiation of the trigger to fire each
    cartridge. “Semiautomatic firearm” includes a semiautomatic
    rifle, semiautomatic shotgun or semiautomatic handgun;
    P. “straw purchase” means the purchase, or attempt
    to purchase, of a firearm or ammunition for, on behalf of or
    for use by another person known or unknown. “Straw purchase”
    does not include a bona fide gift to a person who is not
    prohibited from possessing or receiving a firearm or
    ammunition; and
    Q. “transaction” means the transfer of ownership of
    a firearm from a seller to a buyer.”
    SECTION 3. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] REQUIRING DEALER SECURITY MEASURES TO
    PREVENT THEFT AND LOSS OF FIREARMS.–
    .232564.4
  • 5 –

    A. No later than July 1, 2026, the department, in
    collaboration with the state department of justice, shall
    promulgate rules governing the physical security of dealer
    premises and inventory. The rules shall be effective beginning
    December 1, 2026 and shall require:
    (1) installation and use of security alarm
    systems on dealer premises that meet quality and other
    standards established by the department. Eligible security
    alarm systems shall have the capacity to be monitored by a
    central station and shall provide protection and monitoring for
    all accessible openings and partial motion and sound detection
    at all other areas of the premises;
    (2) site hardening, including locks on doors
    and windows and other features. Features shall be designed to
    prevent unauthorized entry, which may include bars or grates,
    security screens and commercial-grade metal doors;
    (3) installation and use of video surveillance
    systems, including video recording devices at each point of
    sale and each entrance and exit to the premises, which shall be
    recorded from both the indoor and outdoor vantage point, and
    the dealer shall maintain such recordings for a period of not
    less than two years; and
    (4) other reasonable requirements, as
    determined by the department and the attorney general, to
    reduce the risk of burglaries at dealers’ premises and the
    .232564.4
  • 6 –

    theft of firearms in shipment to and from dealers’ premises.
    B. The department shall specify in rules which, if
    any, of the security measures identified in Subsection A of
    this section apply to gun shows.”
    SECTION 4. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] MINIMUM AGE OF EMPLOYMENT–REQUIRING
    BACKGROUND CHECKS AND TRAINING FOR DEALER EMPLOYEES.–
    A. A dealer shall not employ a person to handle,
    sell or deliver firearms unless the person is at least twentyone
    years of age and is not prohibited from possessing a
    firearm under state, municipal, tribal or federal law. The
    department shall promulgate rules to address dealer employee
    criminal history checks no later than August 1, 2026. The
    rules shall direct dealers to use the national instant criminal
    background check system to determine eligibility for current
    and prospective dealer employees only if the use of the
    national instant criminal background check system is permitted
    by federal regulations.
    B. A dealer shall provide the training developed by
    the department pursuant to Subsection C of this section to all
    new employees within thirty days of employment and to all
    employees annually thereafter. Beginning December 1, 2026, no
    employee of any dealer shall participate in the sale or
    disposition of firearms unless that person has first received
    .232564.4
  • 7 –

    the training required by this section. The department shall
    promulgate rules setting forth minimum requirements for the
    maintenance of records of the training no later than August 1,
    2026.
    C. No later than August 1, 2026, the department
    shall develop and make available to each dealer a training
    course in the conduct of firearm transfers, including:
    (1) federal and state laws governing firearm
    transfers and transactions;
    (2) how to recognize, identify, respond to and
    report straw purchases, illegal purchases and fraudulent
    activity;
    (3) how to recognize, identify, respond to and
    report an individual who intends to use a firearm for unlawful
    purposes or for self-harm;
    (4) how to prevent, respond to and report
    theft or burglary of firearms and ammunition;
    (5) how to educate customers on gun safety
    practices, including the safe handling and storage of firearms
    and ammunition; and
    (6) other topics the department deems
    necessary and appropriate.”
    SECTION 5. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] REQUIRING DEALER MAINTENANCE OF RECORDS.–
    .232564.4
  • 8 –

    A. A dealer shall:
    (1) establish and maintain a record of
    purchases, sales, acquisitions and dispositions, as required by
    27 CFR Section 478.125. The record shall, at a minimum,
    include the make, model, caliber or gauge, manufacturer’s name
    and serial number of all firearms that are purchased, sold,
    acquired or disposed of not later than one business day after
    the firearms’ purchase, sale, acquisition or disposition. The
    records shall be maintained securely to prevent loss of the
    records due to fire, theft or flood. If a record is maintained
    in a physical form, the record shall be backed up monthly. If
    a record is an electronic-based record system, it shall be
    backed up on an external server at the close of each business
    day;
    (2) retain all federal bureau of alcohol,
    tobacco, firearms and explosives form 4473 records on the
    dealer’s premises for as long as the dealer’s business is in
    operation. The records shall be stored in a secure container
    designed to prevent loss by fire, theft or flood;
    (3) account for all firearms acquired but not
    yet disposed of in a monthly inventory check, which shall be
    maintained in a secure location;
    (4) maintain records of all criminal traces
    initiated by the federal bureau of alcohol, tobacco, firearms
    and explosives for six years;
    .232564.4
  • 9 –

    (5) maintain and make available at any time to
    law enforcement agencies and to the manufacturer of a firearm
    or the manufacturer’s designee firearm disposition information,
    including the serial numbers of firearms sold, dates of sale
    and identities of purchasers; and
    (6) permit any law enforcement officer to
    inspect the records required to be maintained pursuant to this
    section during business hours.
    B. Information contained in the records required
    pursuant to this section shall be confidential, is exempt from
    the Inspection of Public Records Act and shall not be disclosed
    except to a law enforcement agency acting in the performance of
    the law enforcement agency’s duties.
    C. If a dealer discontinues business operations and
    is succeeded by a new dealer in the state, the records required
    to be kept pursuant to this section shall be delivered to the
    successor dealer. Where discontinuance of the business is
    absolute, the records shall be delivered, in a format to be
    prescribed by the department, to the department within thirty
    days after the business discontinuance. The department shall
    permanently retain the records.”
    SECTION 6. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] REQUIRING DEALER REPORTING OF CRIME GUN
    TRACES, MULTIPLE FIREARM SALES, THEFTS AND LOSSES.–
    .232564.4
  • 10 –

    A. A dealer shall report transactions involving
    more than one firearm within five business days to the
    department.
    B. A dealer shall report thefts and losses of
    firearms within forty-eight hours of discovery of the theft or
    loss to the department.
    C. A dealer shall promptly respond to a request
    from a law enforcement agency or officer, including trace
    requests and requests for documents and records, within
    twenty-four hours after learning of the request.
    D. A dealer shall provide quarterly reporting to
    the department and the state department of justice, in a format
    to be prescribed by the department and the state department of
    justice no later than June 1, 2026, concerning trace requests,
    including at a minimum:
    (1) the total number of trace requests
    received, including the make and model of the firearm and date
    of sale; and
    (2) whether the dealer was inspected by the
    federal bureau of alcohol, tobacco, firearms and explosives
    within the past ten years and copies of any reports of
    violations or letters received from the federal bureau of
    alcohol, tobacco, firearms and explosives.
    E. Whenever a dealer or manufacturer located in the
    state is inspected by the federal bureau of alcohol, tobacco,
    .232564.4
  • 11 –

    firearms and explosives, the dealer or manufacturer shall
    notify the department of the inspection no later than twentyfour
    hours after completion of the inspection and shall send to
    the department a copy of any reports of violations or letters
    received from the federal bureau of alcohol, tobacco, firearms
    and explosives no later than twenty-four hours after receiving
    the reports or letters, which shall be permanently retained by
    the department in a format to be determined by the department.
    F. A dealer shall, no later than March 31 of each
    calendar year, provide an annual report to the department, in a
    form specified by the department, containing the following
    information for January 1 to December 31 of the preceding
    calendar year:
    (1) the number of firearms sold or
    transferred, listed by make and model of the firearm;
    (2) the number of approved federal bureau of
    alcohol, tobacco, firearms and explosives forms 4473 completed;
    and
    (3) any other information required by the
    department.”
    SECTION 7. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] PROHIBITING THE SALE OF EXTREMELY
    DANGEROUS WEAPONS.–
    A. Beginning on July 1, 2026, a dealer shall not
    .232564.4
  • 12 –

    sell or transfer any of the following firearms, ammunition or
    devices to an unlicensed person, 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;
    (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.
    B. The provisions of Subsection A of this section
    do not apply to the sale of:
    (1) a firearm designed to accept, and capable
    of operating only with, .22 or less caliber rimfire ammunition;
    (2) an antique firearm; or
    (3) a firearm that:
    (a) is a single-shot rifle, shotgun or
    handgun;
    (b) is a breech-loading rifle, shotgun
    .232564.4
  • 13 –

    or handgun with a capacity not to exceed two rounds of
    ammunition;
    (c) is a muzzleloading rifle, shotgun or
    handgun;
    (d) is a bolt-action rifle, shotgun or
    handgun;
    (e) is a lever-action or pump-action
    rifle or shotgun;
    (f) is a single- or double-action
    semiautomatic handgun that uses recoil to cycle the action of
    the handgun; or
    (g) has a fixed magazine with a capacity
    not to exceed ten rounds of ammunition.
    C. The provisions of Subsection A of this section
    do not apply to the sale or transfer of a firearm or device to:
    (1) a law enforcement agency in the state, the
    United States armed forces, the New Mexico national guard or
    the New Mexico state defense force;
    (2) an Indian nation, tribe or pueblo or an
    agency or political subdivision thereof;
    (3) a licensee under Title 1 of the federal
    Atomic Energy Act of 1954 or its contractor for purposes of
    establishing and maintaining an on-site physical security
    protection system and security organization required by federal
    law or the transfer to a site; or
    .232564.4
  • 14 –

    (4) a dealer, distributor or manufacturer
    licensed under 18 U.S.C. Section 923.”
    SECTION 8. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] INSPECTIONS AND COMPLIANCE–PENALTY.–
    A. A dealer shall annually certify to the
    department that the dealer has complied with all of the
    requirements of the Stop Illegal Gun Trade and Extremely
    Dangerous Weapons Act. The department shall, by rule,
    determine the form and content of the annual certification.
    B. The department shall promulgate rules requiring
    periodic inspections of a dealer and the dealer’s premises, at
    least once every three years, during regular and usual business
    hours, by the department to determine compliance with the
    provisions of the Stop Illegal Gun Trade and Extremely
    Dangerous Weapons Act. A dealer shall provide the department
    with full access to the dealer’s premises for inspections.
    C. The department shall prepare an annual report
    providing information on the number of dealers inspected
    annually, the number of dealers found to be in compliance with
    the requirements of the Stop Illegal Gun Trade and Extremely
    Dangerous Weapons Act, the number of dealers found to have
    failed to comply with the requirements of that act, the number
    of trace requests submitted to dealers, the number of firearms
    recovered from crime scenes or criminal investigations in New
    .232564.4
  • 15 –

    Mexico that were sold by dealers and other information that the
    department deems necessary and appropriate. Beginning June 1,
    2027, the department shall prepare and publish the annual
    report. The department shall also make all annual reports
    publicly available on the department’s website.
    D. A dealer that knowingly falsifies information or
    contents in the compliance report required by this section is
    guilty of a fourth degree felony.”
    SECTION 9. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] REQUIRING DEALERS TO POST LEGAL AND SAFETY
    NOTICES TO FIREARM PURCHASERS.–
    A. A retail firearm dealer shall conspicuously post
    at each point of purchase where firearms may be purchased a
    sign, in a format to be prescribed by the department, with the
    following notices:
    (1) “Failure to securely store a firearm may
    result in criminal penalties if a child gains access to the
    firearm, pursuant to Section 30-7-4.1 NMSA 1978. Keep firearms
    and ammunition separate and locked up. Use tamper-resistant
    trigger locks, lockboxes or safes.”;
    (2) “Most firearm sales in New Mexico,
    including those between private parties, require a background
    check. Consult Section 30-7-7.1 NMSA 1978 before selling or
    buying any firearm.”;
    .232564.4
  • 16 –

    (3) “Purchasing a firearm for someone who
    intends to commit a crime or who has a felony record is a
    federal crime and a fourth degree felony under Section 30-7-7.2
    NMSA 1978. Don’t buy a gun for someone who can’t.”; and
    (4) “If you or a loved one is experiencing
    distress or depression or is contemplating suicide, please call
    the National Suicide Prevention Lifeline at 1-800-273-TALK
    (8255).”.
    B. The department shall prescribe a notice that
    informs purchasers of the requirements of firearm background
    checks pursuant to Section 30-7-7.1 NMSA 1978.
    C. The signs required pursuant to this section
    shall be posted at all entrances of a gun show.”
    SECTION 10. A new section of Chapter 30, Article 7 NMSA
    1978 is enacted to read:
    “[NEW MATERIAL] PENALTIES.–Unless otherwise specified, a
    person who violates a provision of the Stop Illegal Gun Trade
    and Extremely Dangerous Weapons Act or the rules promulgated
    pursuant to that act is guilty of a misdemeanor for a first
    violation and is guilty of a fourth degree felony for each
    subsequent violation.”
  • 17 –
    .232564.4

The Democrat Freedom grabbers are at it again!

The first of what will likely be many gun control bills introduced in the 2026 Legislative Session has been filed. It doesn’t have an assigned number yet, but the omnibus gun control Senate Bill sponsored by Senator O’Malley, Senator Berghmans, and Representative Romero has been pre-filed.

The bill would impose numerous infringements:

Ban the sale of semi-automatic rifles.


Ban the sale of magazines that hold more than 10 rounds.


Ban the sale of .50 caliber ammunition. Create a state database of firearm transactions at FFLs.


Impose numerous state-level regulations on FFLs.

Mandate that FFLs immediately report to the state whenever an individual purchases more than 1 firearm in a 5 day period.


As soon as we have a number for the bill, we will let you know.

When contacting legislators in Santa Fe, we strongly recommend you write and send an email yourself. While pre-written emails are convenient, the effectiveness has been waning. Too many pre-written emails get caught in spam filters or tagged as a mass mailing in legislator’s inboxes and are never seen or opened. Rather than sending linking to pre-written emails, starting this year, NMSSA will provide talking points that can be copied and modified. NMSSA will continue to provide the contact info for the relevant legislators for a bill.