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 Block
/Lord/Pettigrew
LAST UPDATED
ORIGINAL DATE 01/29/2025
SHORT TITLE Permitless Carry of Firearms
BILL
NUMBER House Bill 83
ANALYST Chilton
REVENUE*
(dollars in thousands)
Type FY25 FY26 FY27 FY28 FY29
Recurring or
Nonrecurring
Fund
Affected Department
of Public
Safety
Up to
($847.8)
Up to
($847.8)
Up to
($847.8)
Up to
($847.8)
Recurring
OSF-
Concealed
Carry Fund
Parentheses ( ) indicate revenue decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to House Bills 39 and 101.
Sources of Information
LFC Files
Agency Analysis Received From
Department of Public Safety (DPS)
Administrative Office of the Courts (AOC)
Law Offices of the Public Defenders (LOPD)
New Mexico Attorney General (NMAG)
Department of Health (DOH)
Crime Victims Reparations Commission (CVRC)
Agency Analysis was Solicited but Not Received From
Corrections Department (NMCD) Taxation and Revenue Department (TRD) Because of the short timeframe between the introduction of this bill and its first hearing, LFC has yet to receive analysis from these state agencies. This analysis could be updated if that analysis is
received.
SUMMARY
Synopsis of House Bill 83
House Bill 83 (HB83) would make it legal for any person age 18 years (under current law, the
age is 21) or older to carry a loaded or unloaded firearm unless that person had been subject to a House Bill 83 – Page 2
federal or state law or court order forbidding that person from doing so, removing firearms from
the definition of “deadly weapon.”
To that end, HB83 amends Section 30-7-1 NMSA 1978 to exempt firearms from the definition of
“deadly weapon” as in “carrying a deadly weapon.” The bill also amends Section 30-7-2 to use
the definition of deadly weapon (excluding firearms) to apply to the definition of “unlawful
carrying of a deadly weapon.” In addition, it excludes carrying a firearm from the prohibition on
carrying a deadly weapon onto a bus.
The bill repeals Sections 30-7-2.2 through 30-7-3 NMSA 1978. The titles of these sections to be
deleted are as follows:
30-7-2.2. Unlawful possession of a handgun by a person; exceptions; penalty.
30-7-2.3. Seizure and forfeiture of a handgun possessed or transported by a person in
violation of unlawful possession of a handgun by a person.
30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty.
Unlawful carrying of a firearm in licensed liquor establishments.
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
There is no appropriation in HB83.
The Department of Public Safety (DPS) notes this bill would decrease revenue from concealed
carry permit fees:
[The fees] fund [our] administrative processes, including background checks and permit
issuance. In FY 2023, DPS processed 11,177 applications that generated $635.4 thousand
in fees, increasing to $746.6 thousand in FY 2024 for 9,408 applications, and have
processed 6,470 applications in the first two quarters of FY25 with a total projected
revenue of $847.8 thousand, covering five full-time employee salaries and operating
costs totaling $798.1 thousand annually. While some residents may continue to purchase
or renew licenses for compliance with other states' laws, the overall revenue decline is
uncertain and could negatively affect DPS's fiscal stability. Savings from decreased
administrative burdens may offset some losses, but additional costs for public education
and law enforcement training to implement the new framework could arise.
SIGNIFICANT ISSUES
Many studies have been done indicating that allowing firearm carrying without permit (as has
become law in 25 states) results in greater danger to residents from gun violence. Department of
Health (DOH) quotes several of these studies and points out that New Mexico already has one of
the highest firearm death rates of any state. DOH notes firearm deaths among children, Native
Americans, and Hispanics have increased markedly.
DPS states:
This bill would decriminalize the carrying of firearms at New Mexico colleges and
universities; and the carrying of firearms in bars and other liquor establishments.
Allowing guns in bars is likely to result in some additional violent gun crime. House Bill 83 – Page 3
DPS deals with numerous individuals with prior criminal history who are allowed to
purchase a firearm but, because of their criminal history, are still prohibited from having
a concealed carry permit. This bill would grant the right to carry a concealed firearm to
all those individuals. This causes DPS to be concerned about an increased danger to
officers in their interactions with the public.
Administrative Office of the Courts (AOC) indicates:
The language of HB83 would permit more people to carry concealed, loaded firearms in
New Mexico because it: (1) lowers the minimum age for doing so from age 21 to age 18;
(2) allows non-United States citizens to do so; (3) dispenses with firearm safety training
requirement; (4) allows persons who have been adjudicated mentally ill to carry
concealed, loaded firearms, and (5) allows those under indictment for felony criminal
offenses in New Mexico or other jurisdictions to carry concealed, loaded firearms. All of
these individuals are prohibited from carrying under current law.
Law Offices of the Public Defenders (LOPD) indicates that proactive police action, for
example to prevent violence caused by a person carrying a rifle onto a college campus,
might subject that police officer to prosecution.
Gun rights advocates argue concealed carry permit laws are “bureaucratic barriers” that prevent
citizens from exercising their Second Amendment rights and are unconstitutional.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
HB83 relates to House Bill 39, which would restrict gun ownership among who commit certain
juvenile offenses, and House Bill 101, which would exempt a commissioned law enforcement
officer from restrictions on firearms at polling places.
This bill is identical to House Bill 164 from the 2023 legislative session.
TECHNICAL ISSUES
As noted by DPS and AOC, the bill does not mention repeal of Section 29-19-4 NMSA 1978,
which requires DPS to issue concealed carry licenses under certain circumstances and to deny it
under other circumstances. AOC suggests that passage of this bill would make the Concealed
Carry Handgun Act unenforceable.
LC/rl/hg/sgs