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 Lord
/Block
LAST UPDATED
ORIGINAL DATE 2/13/25
SHORT TITLE Repeal Firearm Sale Waiting Period
BILL
NUMBER House Bill 384
ANALYST Sanchez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
DPS
No fiscal
impact
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Duplicates House Bill 162
Sources of Information
LFC Files
Analysis Requested but Not Received From
Department of Public Safety (DPS)
New Mexico Sentencing Commission (NMSC)
Office of the Attorney General (NMAG)
Department of Health (DOH)
SUMMARY
Synopsis of House Bill 384
House Bill 384 (HB384) proposes to repeal Section 30-7-7.3 NMSA, which establishes a waiting
period for firearm purchases.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
No agency analysis has yet been received for House Bill 384; however, because it duplicates
House Bill 162, the analysis provided by those agencies is cited here. No agency cited any
significant fiscal impact associated with HB162. The Department of Public Safety (DPS) notes:
The repeal of the seven-day waiting period is expected to have minimal fiscal impact on
the DPS Law Enforcement Records Bureau (LERB), as background checks will continue
under existing procedures.
House Bill 384 – Page 2
SIGNIFICANT ISSUES
Gun Violence and Waiting Periods. The Department of Health (DOH) reported 550
firearm-related deaths in New Mexico in 2022, including 295 suicides. The state’s firearm death
rate in 2022 was 26.5 deaths per 100 thousand residents, 84 percent higher than the nationwide
rate of 14.4 deaths per 100 thousand residents and the third-highest firearm age-adjusted death
rate in the nation. New Mexico's firearm death rate has escalated significantly in recent years,
moving from the seventh highest in the nation in 1999 to the third highest in 2022. In New
Mexico, there were 140 firearm deaths among children ages 0-18 between 2016 and 2020,
including 68 suicide deaths and 64 homicide deaths.
1
According to a 2023 meta-analysis of research on the effects of gun policies in the United States
from the Rand Corporation, there is moderate evidence waiting periods decrease firearm suicides
and decrease overall homicides, and limited evidence waiting periods decrease total suicides and
decrease firearm homicides. Studies provided inconclusive evidence regarding both the existence
and direction (increase or decrease) of the impact of waiting periods on mass shootings or the
gun industry.
2
DOH also noted recent studies have contributed to the understanding of the impact of mandatory
waiting periods and background checks on firearm fatalities. One study analyzed changes in
suicide rates across all 50 states and the District of Columbia between 2013 and 2014,
discovering that states with both mandatory waiting periods and universal background checks
exhibited notably lower suicide rates than those without such measures.
3
Another used Centers
for Disease Control data to investigate the effects of restrictive firearm laws on firearm-related
suicides between 2009 and 2021, finding that states enforcing background checks and mandatory
waiting periods had lower suicide rates involving handguns and large firearms.
4
Another study in
2022 focused on Wisconsin, examining the consequences of repealing the 48-hour mandatory
waiting period for handgun purchases in 2015. Their findings indicated significant increases in
suicide rates among people of color and urban residents following the repeal.
5
According to DOH, these studies underline the potential life-saving effects of mandatory waiting
periods, which not only delay immediate access to firearms, thus preventing impulsive acts of
violence such as suicides and homicides, but also allow law enforcement more time to complete
background checks. Annually, around 3,800 ineligible individuals manage to acquire firearms
due to incomplete background checks. As of this writing, 11 states and the District of Columbia
have implemented waiting periods for firearm purchases, reflecting a growing recognition of
their potential to reduce firearm-related fatalities.
The Sentencing Commission notes that the waiting period was originally implemented to provide
additional time for background checks and to reduce impulsive acts of violence and suicide
potentially. The analysis cites research indicating states with waiting periods tend to have lower
firearm-related homicide and suicide rates. However, it also acknowledges the federal
1
https://wonder.cdc.gov/Deaths-by-Underlying-Cause.html
2
https://www.rand.org/pubs/research_reports/RRA243-4.html
3
https://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2016.303650
4
https://journals.lww.com/journalacs/abstract/2023/01000/restrictive_firearm_laws_and_firearm_related.8.aspx
5
https://www.tandfonline.com/doi/abs/10.1080/13811118.2021.1886209 House Bill 384 – Page 3
background check system, known as NICS, already allows for a three-day delay if additional
review is required.
DPS opposes the repeal, arguing that waiting periods serve as a crucial safeguard against
impulsive violence, suicides, and domestic shootings. The department highlights concerns that
immediate firearm transfers could lead to increased gun-related incidents, particularly in
situations involving emotional distress or domestic conflicts. It also notes that firearm-related
crimes could place additional strain on law enforcement resources. Furthermore, a federal court
has preliminarily upheld the constitutionality of New Mexico’s waiting period, finding that such
laws may help reduce firearm violence.
The Office of the Attorney General (NMAG) provided legal analysis, stating that the repeal does
not pose any constitutional conflicts under either the state or federal constitutions. It notes that
while some courts have upheld waiting periods as constitutional, HB162 would not impose any
new restrictions but would instead remove an existing regulation. NMAG also highlights that
federal law does not currently require a waiting period, meaning the repeal would align New
Mexico’s firearm laws more closely with federal standards.
National Instant Criminal Background Check System (NICS). Analysis of a similar bill
from the 2024 session (Senate Bill 69) by the Administrative Office of the Courts (AOC) points
out that the federal Brady Act, enacted in 1993, mandates federally licensed firearms dealers to
conduct background checks on potential buyers through NICS, created by the FBI. These checks
must be completed within three business days; otherwise, the sale may proceed by default, a
situation known as "default proceeds." In 2022, the Bipartisan Safer Communities Act was
passed, modifying the NICS process for individuals under 21. It requires additional checks with
state juvenile justice, mental health repositories, and local law enforcement, providing an
extended period of up to 10 business days to identify disqualifying records.
Analysis from AOC also stated that despite these measures, in 2022, over 372 thousand
background checks remained unresolved within the initial three-day window, highlighting the
system's limitations. The FBI has suggested extending the three-day period to improve the
thoroughness of background checks and prevent sales to potentially disqualified buyers. The FBI
reported in 2022 that there were 131,865 denial decisions nationally, a decrease from 153,565 in
2021.
6
In New Mexico specifically, 2,498 denial decisions were made, primarily for convictions
of crimes punishable by a year or more in prison. AOC contributes to NICS by reporting various
dispositions, including felony convictions and mental health orders.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
This bill duplicates House Bill 162.
SS/rl/SL2
6
https://www.fbi.gov/file-repository/nics-2022-operations-report.pdf/view