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SENATE BILL 255
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO CRIME; CREATING THE CRIME OF FACILITATION OF THE
UNLAWFUL SALE OF A FIREARM WITHOUT A BACKGROUND CHECK;
PROVIDING PENALTIES; ADDING UNLAWFUL SALE OF A FIREARM WITHOUT
A BACKGROUND CHECK AND FACILITATION OF THE UNLAWFUL SALE OF A
FIREARM WITHOUT A BACKGROUND CHECK TO THE DEFINITION OF
"RACKETEERING".
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-7-7.1 NMSA 1978 (being Laws 2019,
Chapter 45, Section 1) is amended to read:
"30-7-7.1. UNLAWFUL SALE OF A FIREARM WITHOUT A
BACKGROUND CHECK--FACILITATION OF THE UNLAWFUL SALE OF A
FIREARM WITHOUT A BACKGROUND CHECK .--
A. Unlawful sale of a firearm without a background
check consists of the sale of a firearm without conducting a
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federal instant background check, subject to the following:
(1) if the buyer of a firearm is not a natural
person, then each natural person who is authorized by the buyer
to possess the firearm after the sale shall undergo a federal
instant background check before taking possession of the
firearm;
(2) a prospective firearm seller who does not
hold a current and valid federal firearms license issued
pursuant to 18 U.S.C. Section 923(a) shall arrange for a person
who does hold that license to conduct the federal instant
background check. A federal firearms licensee shall not
unreasonably refuse to perform a background check pursuant to
this paragraph; and
(3) a person who holds a current and valid
federal firearms license issued pursuant to 18 U.S.C. Section
923(a) may charge a fee not to exceed thirty-five dollars
($35.00) for conducting a background check pursuant to this
section.
B. The provisions of Subsection A of this section
do not apply to the sale of a firearm:
(1) by or to a person who holds a current and
valid federal firearms license issued pursuant to 18 U.S.C.
Section 923(a);
(2) to a law enforcement agency;
(3) between two law enforcement officers
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authorized to carry a firearm and certified pursuant to federal
law or the Law Enforcement Training Act; or
(4) between immediate family members.
C. Facilitation of the unlawful sale of a firearm
without a background check consists of allowing or failing to
prevent by reasonable means an unlawful firearm sale through
the operation of a publicly available platform in which
reasonable, industry standard steps could be taken to block or
limit the unlawful sale of a firearm but, through either action
or inaction, the unlawful sale of a firearm without a
background check is not prevented.
[C.] D. As used in this section:
(1) "consideration" means anything of value
exchanged between the parties to a sale;
(2) "federal instant background check" means a
background check that meets the requirements of 18 U.S.C.
Section 922(t) and that does not indicate that a sale to the
person receiving the firearm would violate 18 U.S.C. Section
922(g) or 18 U.S.C. Section 922(n) or state law;
(3) "firearm" means any weapon that will or is
designed to or may readily be converted to expel a projectile
by the action of an explosion; the frame or receiver of any
such weapon; or any firearm muffler or firearm silencer; and
includes any handgun, rifle or shotgun; but shall not include
an antique firearm as defined in 18 U.S.C. Section 921(16), a
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powder-actuated tool or other device designed to be used for
construction purposes, an emergency flare or a firearm in
permanently inoperable condition;
(4) "immediate family member" means a spouse,
parent, child, sibling, grandparent, grandchild, great-
grandchild, niece, nephew, first cousin, aunt or uncle; and
(5) "sale" means the delivery or passing of
ownership, possession or control of a firearm for a fee or
other consideration, but does not include temporary possession
or control of a firearm provided to a customer by the
proprietor of a licensed business in the conduct of that
business.
[D.] E. Each party to an unlawful sale in violation
of this section may be separately charged for the same sale.
[E.] F. Each firearm sold contrary to the
provisions of this section constitutes a separate offense under
[Subsection A] Subsections A and C of this section.
[F.] G. Two or more offenses may be charged in the
same complaint, information or indictment and shall be punished
as separate offenses.
[G.] H. Whoever violates the provisions of this
section is guilty of a [misdemeanor ] third degree felony ."
SECTION 2. Section 30-42-3 NMSA 1978 (being Laws 1980,
Chapter 40, Section 3, as amended) is amended to read:
"30-42-3. DEFINITIONS.--As used in the Racketeering Act:
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A. "racketeering" means any act that is chargeable
or indictable under the laws of New Mexico and punishable by
imprisonment for more than one year, involving any of the
following cited offenses:
(1) murder, as provided in Section 30-2-1 NMSA
1978;
(2) robbery, as provided in Section 30-16-2
NMSA 1978;
(3) kidnapping, as provided in Section 30-4-1
NMSA 1978;
(4) forgery, as provided in Section 30-16-10
NMSA 1978;
(5) larceny, as provided in Section 30-16-1
NMSA 1978;
(6) fraud, as provided in Section 30-16-6 NMSA
1978;
(7) embezzlement, as provided in Section
30-16-8 NMSA 1978;
(8) receiving stolen property, as provided in
Section 30-16-11 NMSA 1978;
(9) bribery, as provided in Sections 30-24-1
through 30-24-3.1 NMSA 1978;
(10) gambling, as provided in Sections
30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
(11) illegal kickbacks, as provided in
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Sections 30-41-1 and 30-41-2 NMSA 1978;
(12) extortion, as provided in Section 30-16-9
NMSA 1978;
(13) trafficking in controlled substances, as
provided in Section 30-31-20 NMSA 1978;
(14) arson and aggravated arson, as provided
in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA
1978;
(15) promoting prostitution, as provided in
Section 30-9-4 NMSA 1978;
(16) criminal solicitation, as provided in
Section 30-28-3 NMSA 1978;
(17) fraudulent securities practices, as
provided in the New Mexico Uniform Securities Act;
(18) loan sharking, as provided in Sections
30-43-1 through 30-43-5 NMSA 1978;
(19) distribution of controlled substances or
controlled substance analogues, as provided in Sections
30-31-21 and 30-31-22 NMSA 1978;
(20) a violation of the provisions of Section
30-51-4 NMSA 1978;
(21) unlawful taking of a vehicle or motor
vehicle, as provided in Section 30-16D-1 NMSA 1978;
(22) embezzlement of a vehicle or motor
vehicle, as provided in Section 30-16D-2 NMSA 1978;
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(23) fraudulently obtaining a vehicle or motor
vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24) receiving or transferring stolen vehicles
or motor vehicles, as provided in Section 30-16D-4 NMSA 1978;
(25) altering or changing the serial number,
engine number, decal or other numbers or marks of a vehicle or
motor vehicle, as provided in Section 30-16D-6 NMSA 1978; [and ]
(26) trafficking cannabis products, as
provided in Section 26-2C-28 NMSA 1978; and
(27) unlawful sale of a firearm without a
background check and facilitation of the unlawful sale of a
firearm without a background check, as provided in Section
30-7-7.1 NMSA 1978;
B. "person" means an individual or entity capable
of holding a legal or beneficial interest in property;
C. "enterprise" means a sole proprietorship,
partnership, corporation, business, labor union, association or
other legal entity or a group of individuals associated in fact
although not a legal entity and includes illicit as well as
licit entities; and
D. "pattern of racketeering activity" means
engaging in at least two incidents of racketeering with the
intent of accomplishing any of the prohibited activities set
forth in Subsections A through D of Section 30-42-4 NMSA 1978;
provided at least one of the incidents occurred after February
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28, 1980 and the last incident occurred within five years after
the commission of a prior incident of racketeering."
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