Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Pettigrew
/Sanchez/De La Cruz
LAST UPDATED
ORIGINAL DATE 2/13/25
SHORT TITLE Carrying a Firearm While Trafficking
BILL
NUMBER House Bill 248
ANALYST Sanchez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
NMCD
No fiscal
impact
Up to $6,288.6 Up to $6,288.6
Up to
$12,577.2
Recurring General Fund
Cost to Counties
No fiscal
impact
Up to $4,281.6 Up to $4,281.6 Up to $8,563.2 Recurring General Fund
Total
No fiscal
impact
Up to
$10,570.2
Up to
$10,570.2
Up to
$21,140.4
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Department of Health (DOH) Agency Analysis was Solicited but Not Received From
Administrative Office of the Courts (AOC) Administrative Office of the District Attorneys (AODA)
Law Offices of the Public Defender (LOPD)
Office of the Attorney General (NMAG)
New Mexico Sentencing Commission (NMSC)
Department of Public Safety (DPS)
SUMMARY
Synopsis of House Bill 248
House Bill 248 (HB248) proposes to amend 30-7 NMSA 1978, by creating a new criminal
offense explicitly targeting individuals who carry firearms while engaging in drug trafficking.
Currently, Section 30-31-20 NMSA 1978 criminalizes the trafficking of controlled substances,
including manufacturing, distributing, or possessing drugs with intent to distribute, but it does
not include an enhanced penalty or separate charge for possessing a firearm during such
activities. Similarly, Section 31-18-15 NMSA 1978, provides sentencing guidelines for felony
offenses, establishing that a third-degree felony is punishable by up to three years in prison and a
fine of up to $5,000 for a first offense.
House Bill 248 – Page 2
The bill would introduce a standalone offense making it illegal to carry a firearm while violating
Section 30-31-20 NMSA 1978. This change ensures that possessing a firearm during drug
trafficking is not just considered an aggravating factor at sentencing but is instead a distinct
criminal act. If enacted, an individual convicted under this new provision would face a third-
degree felony charge, separate from any penalties imposed for the underlying drug trafficking
offense, and would be sentenced according to Section 31-18-15 NMSA 1978. By establishing a
clear and enforceable prohibition against carrying firearms while engaging in drug distribution,
the bill strengthens existing criminal statutes. It creates an additional prosecutorial tool for
addressing gun-related risks in drug crimes.
The effective date of this bill is July 1, 2025.
FISCAL IMPLICATIONS
HB248 does not include specific appropriations for FY25 or FY26, meaning state agencies will
not receive additional funding to implement its provisions. However, the bill is expected to
impact the criminal justice system, particularly for law enforcement agencies, the courts, and
public defenders. The Department of Public Safety, the Administrative Office of the District
Attorneys, and the Law Offices of the Public Defender may face increased caseloads and
operational costs due to the enforcement and prosecution of new firearm-related trafficking
offenses.
Additionally, while projections remain uncertain, the bill could lead to increased incarceration
rates, which may require additional correctional resources in the long term. The New Mexico
Sentencing Commission and Department of Health (DOH) also reviewed the bill, but their
analyses indicate no direct fiscal impact on their operations.
The overall financial impact on the New Mexico Corrections Department (NMCD) will depend
on the number of new cases resulting from this legislation. Still, even a modest increase in
convictions could lead to significant expenditures over time. The creation of any new crime,
increase of felony degree, or increase of sentencing penalties will likely increase the population
of New Mexico’s prisons and jails, consequently increasing long-term costs to state and county
general funds. In addition to the potential for new crimes to send more individuals to prison and
jail, longer sentences could result in fewer releases relative to admissions, driving up overall
populations. NMCD reports the average cost to incarcerate a single inmate in FY24 was $59.3
thousand; however, due to the high fixed costs of the state’s prison facilities and administrative
overhead, LFC estimates a marginal cost (the cost per additional inmate) of $28.2 thousand per
year across all facilities. LFC staff estimate the cost to counties to hold an individual in jail prior
to incarceration is $19.2 thousand per year.
The Sentencing Commission’s analysis notes 1,620 cases filed on or after July 1, 2023, had a
violation of Section 30-31-20 as the lead offense. NMCD had 223 people enter incarceration
with a lead offense statute of Section 30-31-20 during FY24. Based on this, LFC’s analysis
estimates could be up to $6.28 million per year for NMCD and up to $4.28 million per year for
counties. This is based on 223 individuals being incarcerated at the marginal rate per additional
inmate. These costs could be higher or lower depending on the number of individuals
incarcerated. Still, this number is used to benchmark the estimated cost and used as a maximum
because it is unlikely that 223 individuals would be incarcerated at both state and county levels at
the same time. House Bill 248 – Page 3
SIGNIFICANT ISSUES
HB248 seeks to establish criminal penalties for carrying a firearm while trafficking a controlled
substance, which could have implications for prosecutorial discretion and law enforcement
priorities. While the legislation aims to deter firearm possession in drug-related activities,
enforcement could lead to increased legal challenges, particularly concerning Second
Amendment rights, due process protections, and potential disparities in enforcement across
communities. The Department of Health’s (DOH) analysis provides additional context,
highlighting that firearm-related violence in New Mexico is a growing public health concern.
According to the department, New Mexico has one of the highest firearm-related mortality rates
in the country, with gun violence disproportionately affecting younger individuals and
communities with higher rates of drug activity. Studies suggest that firearm-related injuries and
deaths are frequently linked to illicit drug trade and substance use, reinforcing concerns about the
overlap between drug trafficking and gun violence.
From a law enforcement perspective, the bill could shift agency priorities by requiring officers
and prosecutors to devote more resources to firearm-related drug cases, which may, in turn,
impact the handling of other criminal offenses. Additionally, the increased likelihood of
incarceration resulting from this bill could contribute to existing challenges within the
corrections system, particularly in counties with already strained detention facilities. Public
defenders and court systems may also see an increase in caseloads, raising concerns about the
ability to ensure due process and timely resolution of cases. DOH data further underscores the
potential social impact, noting that exposure to firearm violence correlates with long-term
trauma, economic instability, and negative health outcomes, particularly in communities already
affected by high crime rates and substance abuse. While the bill does not provide new
appropriations, its implementation may require agencies to reallocate existing resources,
potentially impacting broader public safety initiatives, crime prevention strategies, and
community-based interventions aimed at reducing both gun violence and substance abuse.
Analysis from the Administrative Office of District Attorneys notes:
House Bill 248 would make a crime to carry a firearm while trafficking a controlled
substance, meaning that the trafficking charge would have to be proven first. The
carrying of a firearm while trafficking would have the jury instruction of trafficking in
the elements of the crime; the jury would then receive the elements of trafficking in a
separate jury instruction. This could be confusing to a jury. It would be more reasonable
to make it a firearm enhancement that would be given to a jury to determine if a firearm
was present after the jury convicted the defendant of trafficking a controlled substance.
The enhancement can add three years to the trafficking-controlled substance charge.”
SS/hj/SL2