New Mexico Senate Bill SB428

New Mexico 2023 Regular Session

• Introduced: 2/13/23
• Report Pass: 3/6/23
• Report Pass: 3/10/23
• Engrossed: 3/11/23
• Report Pass: 3/17/23

Caption

Firearms In Unfair Practices Act

Impact

The legislation significantly modifies the Unfair Practices Act by introducing stringent measures against parties involved in the unlawful trade of firearms and destructive devices. This includes increasing penalties for violations, specifying remedies for affected individuals, and establishing joint liability for online marketplaces. Consequently, it enhances consumer protection and aims to deter illegal activities in the firearms market by imposing higher civil penalties, potentially up to $250,000 per violation.

Summary

Senate Bill 428, known as the Firearms In Unfair Practices Act, aims to amend the existing Unfair Practices Act to include firearms and destructive devices within its regulatory scope. This inclusion allows for the expansion of private remedies available for individuals affected by unfair, deceptive, or unconscionable trade practices concerning firearms. It emphasizes the responsibility of manufacturers, distributors, and sellers to adhere to state and federal laws regarding the sale and distribution of such items.

Contention

Notably, there might be concerns from opponents who believe this bill could disproportionately impact responsible gun owners and businesses by adding layers of regulation that could be seen as punitive. Proponents argue that the increased public safety through enhanced regulation justifies the measures, as they aim to restrict the sale of illegal or unsafe firearms. The debate surrounding this bill illustrates the ongoing tension between firearm rights advocacy and consumer protection initiatives.