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HOUSE BILL 38
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Kathleen Cates
AN ACT
RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL POSSESSION OF
A WEAPON CONVERSION DEVICE; PROVIDING A PENALTY.
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] UNLAWFUL POSSESSION OF A WEAPON CONVERSION
DEVICE--PENALTY.--
A. Unlawful possession of a weapon conversion
device consists of a person knowingly having in that person's
possession a weapon conversion device or knowingly transporting
a weapon conversion device.
B. Each weapon conversion device found in violation
of this section constitutes a separate offense.
C. A person who commits unlawful possession of a
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weapon conversion device is guilty of a third degree felony.
D. As used in this section:
(1) "fully automatic weapon" means a weapon
that shoots, is designed to shoot or can be readily restored to
shoot more than one shot, without manual reloading, by a single
and continuous held pull of the trigger;
(2) "semiautomatic weapon" means a repeating
rifle, shotgun or pistol, regardless of barrel or overall
length, that uses a portion of the energy of a firing cartridge
or shell to extract the fired cartridge case or spent shell and
chamber the next round and that requires a separate pull of the
trigger to fire each cartridge or shell; and
(3) "weapon conversion device" means a part or
combination of parts designed and intended to convert a
semiautomatic weapon into a fully automatic weapon."
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