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SENATE BILL 279
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Micaelita Debbie O’Malley and Heather Berghmans
AN ACT
RELATING TO FIREARMS; ENACTING THE GAS-OPERATED SEMIAUTOMATIC
FIREARMS EXCLUSION ACT; PROHIBITING THE IMPORTATION, SALE,
MANUFACTURE, TRANSFER, RECEIPT OR POSSESSION OF GAS-OPERATED
SEMIAUTOMATIC FIREARMS; PROHIBITING LARGE-CAPACITY AMMUNITION
FEEDING DEVICES; PROHIBITING DEVICES THAT MATERIALLY INCREASE
THE RATE OF FIRE OF A FIREARM OR APPROXIMATE THE ACTION OR RATE
OF FIRE OF A MACHINE GUN; PROHIBITING MACHINE GUNS AND RAPID
FIRE DEVICES; REQUIRING THE ATTORNEY GENERAL TO LIST GAS-
OPERATED SEMIAUTOMATIC FIREARMS SUBJECT TO THE PROVISIONS OF
THE GAS-OPERATED SEMIAUTOMATIC FIREARMS EXCLUSION ACT;
REQUIRING THE CERTIFICATION OF SEMIAUTOMATIC FIREARMS;
PROVIDING EXCEPTIONS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 7 NMSA
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1978 is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
"Gas-Operated Semiautomatic Firearms Exclusion Act"."
SECTION 2. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Gas-Operated
Semiautomatic Firearms Exclusion Act:
A. "ammunition" means ammunition or cartridge
cases, primers, bullets or propellent powder designed for use
in a firearm;
B. "cycle the action" means to extract the fired
cartridge case, chamber the next cartridge and prepare the
firing mechanism to fire again;
C. "fixed magazine" means an ammunition feeding
device contained in, or permanently attached to, a firearm in
such a manner that the device cannot be removed without
disassembly of the firearm action;
D. "gas-operated" means a firearm that harnesses or
traps a portion of the high-pressure gas from a fired cartridge
to cycle the action using:
(1) a long stroke piston, in which gas is
vented from the barrel to a piston that is mechanically fixed
to the bolt group and moves to cycle the action;
(2) a short stroke piston, in which gas is
vented from the barrel to a piston that moves separately from
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the bolt group so that the energy is imparted through a gas
piston to cycle the action;
(3) a system that traps and vents gas from
either the barrel or the chamber to directly strike or impinge
the bolt, bolt carrier or slide assembly to unlock and cycle
the action;
(4) a hybrid system that combines elements of
a system described in Paragraph (3) of this subsection with a
system described in Paragraph (1) or (2) of this subsection to
capture gas vented from the barrel to cycle the action; or
(5) a blowback-operated system that directly
uses the expanding gases of the ignited propellant powder
acting on the cartridge case to drive the breechblock or breech
bolt rearward;
E. "immediate family member" means a spouse, a
parent, a child, a sibling, a grandparent, a grandchild, a
great-grandchild, a niece, a nephew, a first cousin, an aunt or
an uncle;
F. "large-capacity ammunition feeding device":
(1) means a magazine, belt, drum, feed strip,
helical feeding device or similar device, including a device
joined or coupled with another in any manner, that has an
overall capacity of, or that can be readily restored, altered
or converted to accept, more than ten rounds of ammunition; and
(2) does not include a device designed to
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accept, and capable of operating only with, .22 or less caliber
rimfire ammunition;
G. "machine gun" has the same meaning as set forth
in Section 5845(b) of the National Firearms Act and includes a
semiautomatic firearm that has been modified in a way that
approximates the action or rate of fire of a machine gun;
H. "rapid fire device" means a:
(1) manual, power-driven or electronic device
primarily designed or redesigned so that if the device is
attached to a semiautomatic firearm, the device:
(a) materially increases the rate of
fire of the firearm; or
(b) enables the semiautomatic firearm to
approximate the action or rate of fire of a machine gun; or
(2) device, part or combination of parts that
is designed and functions to materially increase the rate of
fire of a semiautomatic firearm by eliminating the need for the
operator of the firearm to make a separate movement for each
individual function of the trigger; and
I. "semiautomatic firearm" means a firearm that:
(1) upon initiating the firing sequence, fires
the first chambered cartridge and uses a portion of the energy
of the firing cartridge to:
(a) extract the expended cartridge case;
(b) chamber the next round; and
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(c) prepare the firing mechanism to fire
again;
(2) requires a separate pull, release, push or
initiation of the trigger to fire each cartridge; and
(3) is not a machine gun."
SECTION 3. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] PROHIBITING THE IMPORTATION, SALE,
MANUFACTURE, TRANSFER, RECEIPT OR POSSESSION OF GAS-OPERATED
SEMIAUTOMATIC FIREARMS--PROVIDING EXCEPTIONS.--
A. Beginning July 1, 2025, and except as provided
in Subsection C or D of this section or Section 8 of the Gas-
Operated Semiautomatic Firearms Exclusion Act, it is unlawful
for a person to import, sell, manufacture, transfer or receive
any of the following firearms, devices or combinations of
parts:
(1) a firearm that is included on the list of
prohibited gas-operated semiautomatic firearms identified by
the attorney general;
(2) a modified non-prohibited firearm that, as
modified, operates as a firearm included on the list of
prohibited gas-operated semiautomatic firearms identified by
the attorney general;
(3) a combination of parts that is designed
and functions to modify an otherwise non-prohibited firearm so
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that the firearm, as modified, operates as a gas-operated
semiautomatic firearm included on the list of prohibited gas-
operated semiautomatic firearms identified by the attorney
general;
(4) a combination of parts that is designed to
be assembled into a firearm that operates as a firearm included
on the list of prohibited gas-operated semiautomatic firearms
identified by the attorney general; or
(5) a combination of parts that functions to
produce a gas-operated semiautomatic cycling action.
B. Beginning January 1, 2026, and except as
provided in Subsection C or D of this section, it is unlawful
for a person to possess a firearm, device or combination of
parts described in Paragraphs (1) through (5) of Subsection A
of this section.
C. Subsections A and B of this section do not
apply:
(1) to the importation or manufacture by or
for, sale or transfer to or possession by or under the
authority of the United States or any department or agency
thereof or a state or an Indian nation, tribe or pueblo or a
department, an agency or a political subdivision thereof;
(2) to the importation or manufacture for,
sale or transfer to or possession by, a licensee under Title 1
of the federal Atomic Energy Act of 1954 for purposes of
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establishing and maintaining an on-site physical security
protection system and security organization required by federal
law, or the transfer to, or possession by, a contractor of such
a licensee on-site for such purposes or off-site for purposes
of licensee-authorized training or transportation of nuclear
materials;
(3) to the possession of a gas-operated
semiautomatic firearm that was lawfully:
(a) manufactured prior to July 1, 2025;
(b) transferred by the manufacturer to
another party; and
(c) certified by the owner, in
accordance with Section 7 of the Gas-Operated Semiautomatic
Firearms Exclusion Act, that the owner owned the firearm and
certified it prior to January 1, 2026 or received the gas-
operated semiautomatic firearm from an immediate family member
who owned and certified the gas-operated semiautomatic firearm
prior to January 1, 2026;
(4) to the transfer and possession of a gas-
operated semiautomatic firearm that is lawfully possessed
before January 1, 2026 in accordance with Paragraph (3) of this
subsection, in which:
(a) the transferee is an immediate
family member of the transferor; and
(b) upon taking possession of the
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firearm, the person to whom the firearm was transferred
certifies the firearm in accordance with Section 7 of the Gas-
Operated Semiautomatic Firearms Exclusion Act; or
(5) to the transfer of a gas-operated
semiautomatic firearm certified in accordance with Section 7 of
the Gas-Operated Semiautomatic Firearms Exclusion Act to a
person residing in another state or maintaining it in another
state or to a licensed firearms dealer.
D. A gas-operated semiautomatic firearm that is
lawfully certified in accordance with the process established
by the attorney general pursuant to Section 7 of the Gas-
Operated Semiautomatic Firearms Exclusion Act may only be
possessed:
(1) on private property owned or immediately
controlled by the person;
(2) on private property that is not open to
the public with the express permission of the person who owns
or immediately controls the property;
(3) while on the premises of a licensed
firearms dealer or gunsmith for the purpose of lawful transfer
or repair of the gas-operated semiautomatic firearm;
(4) while engaged in the legal use of the
firearm at a properly licensed firing range or sport shooting
competition venue; or
(5) while traveling to or from the locations
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described in Paragraphs (1) through (4) of this subsection;
provided that the gas-operated semiautomatic firearm is
unloaded and the gas-operated semiautomatic firearm is enclosed
in a case, firearm carrying box, shipping box or other
container.
E. Licensed firearms dealers shall mark all gas-
operated semiautomatic firearms imported or manufactured under
Paragraphs (1) and (2) of Subsection C of this section after
January 1, 2026 in the manner prescribed by the attorney
general before a transfer under Paragraphs (1) and (2) of
Subsection C of this section.
F. For purposes of this section, "gas-operated
semiautomatic firearm" does not include:
(1) a firearm designed to accept, and capable
of operating only with, .22 or less caliber rimfire ammunition;
(2) a rifle that:
(a) is a single-shot rifle;
(b) is a breech loading rifle with a
capacity not to exceed two rounds of ammunition;
(c) is a muzzleloading rifle or
smoothbore shoulder-fired firearm;
(d) uses a bolt action, lever action or
pump action to cycle the action of the rifle; or
(e) has a fixed magazine with a capacity
not to exceed ten rounds of ammunition;
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(3) a shotgun that:
(a) is a single-shot shotgun;
(b) is a breech loading shotgun with a
capacity not to exceed two rounds of ammunition;
(c) is a muzzleloading shotgun;
(d) uses a bolt action, lever action or
pump action to cycle the action of the shotgun;
(e) is a semiautomatic or autoloading
shotgun that does not use detachable magazines; or
(f) has a fixed magazine with a capacity
not to exceed ten rounds of ammunition;
(4) a breech loading firearm capable of
holding a single cartridge and a single shotgun shell
simultaneously that must be reloaded after firing those rounds
of ammunition; or
(5) a handgun that:
(a) is a single-shot handgun;
(b) is a breech loading handgun with a
capacity not to exceed two rounds of ammunition;
(c) is a muzzleloading or smoothbore
handgun;
(d) uses a bolt action to cycle the
action of the handgun;
(e) is a single- or double-action
revolver;
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(f) is a single- or double-action
semiautomatic handgun that uses recoil to cycle the action of
the handgun; or
(g) has a fixed magazine with a capacity
not to exceed ten rounds of ammunition."
SECTION 4. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] PROHIBITING LARGE-CAPACITY AMMUNITION
FEEDING DEVICES.--
A. Except as provided in Subsections B and C of
this section and Section 8 of the Gas-Operated Semiautomatic
Firearms Exclusion Act, on or after July 1, 2025, it is
unlawful for a person to:
(1) import, sell, manufacture, transfer or
receive a large-capacity ammunition feeding device; or
(2) possess a large-capacity ammunition
feeding device manufactured after July 1, 2025.
B. Subsection A of this section does not apply to
the transfer of a large capacity ammunition feeding device to a
person residing in another state or maintaining it in another
state or to a licensed firearms dealer.
C. Subsection A of this section does not apply to:
(1) the importation or manufacture by or for,
sale or transfer to or possession by or under the authority of
the United States or any department or agency thereof or a
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state or an Indian nation, tribe or pueblo or a department, an
agency or a political subdivision thereof; or
(2) the importation or manufacture for, sale
or transfer to or possession by a licensee under Title 1 of the
federal Atomic Energy Act of 1954 for purposes of establishing
and maintaining an on-site physical security protection system
and security organization required by federal law or the
transfer to or possession by a contractor of such a licensee
on-site for such purposes or off-site for purposes of licensee-
authorized training or transportation of nuclear materials.
D. A person in possession of a large-capacity
ammunition feeding device:
(1) shall mark the large-capacity ammunition
feeding device imported or manufactured under Subsection C of
this section after January 1, 2026 in the manner prescribed by
the attorney general before a transfer; and
(2) shall not obliterate or otherwise alter
the serial number on the large-capacity ammunition feeding
device."
SECTION 5. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] PROHIBITING MACHINE GUNS AND RAPID FIRE
DEVICES.--
A. Beginning July 1, 2025, and except as provided
in Subsection B of this section, it is unlawful for a person to
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import, sell, manufacture, transfer, receive or possess a
machine gun or rapid fire device.
B. Subsection A of this section does not apply to:
(1) the importation or manufacture by or for,
sale or transfer to or possession by or under the authority of
the United States or any department or agency thereof or a
state or an Indian nation, tribe or pueblo or a department, an
agency or a political subdivision thereof;
(2) the importation or manufacture for, sale
or transfer to or possession by a licensee under Title 1 of the
federal Atomic Energy Act of 1954 for purposes of establishing
and maintaining an on-site physical security protection system
and security organization required by federal law, or the
transfer to or possession by a contractor of such a licensee
on-site for such purposes or off-site for purposes of licensee-
authorized training or transportation of nuclear materials; and
(3) machine guns and rapid fire devices
lawfully registered with the United States bureau of alcohol,
tobacco, firearms and explosives pursuant to the National
Firearms Act.
C. Whoever violates this section is guilty of a
fourth degree felony."
SECTION 6. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] LIST OF REGULATED WEAPONS.--
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A. No later than July 1, 2025, the attorney
general, in consultation with the department of public safety,
shall identify the list of gas-operated semiautomatic firearms
subject to the Gas-Operated Semiautomatic Firearms Exclusion
Act that shall be published and made available on the attorney
general's website. The attorney general shall update the list
as necessary.
B. The department of public safety shall:
(1) require that each licensed firearms dealer
record purchaser acknowledgment of the list published under
Subsection A of this section before any sale of a firearm that
is not prohibited under that list;
(2) before removing a gas-operated
semiautomatic firearm from the list required under Subsection A
of this section, submit to the attorney general clear and
convincing evidence that the firearm should be removed from the
list; and
(3) advise the attorney general on carrying
out the authority described in Subsection A of this section.
C. The attorney general may request any additional
information from the manufacturer necessary to make the
determination under Subsection A of this section.
D. No later than December 1, 2025, the attorney
general, in consultation with the department of public safety,
shall publish on the attorney general's website the manner in
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which a large-capacity ammunition feeding device shall be
marked pursuant to Subsection D of Section 4 of the Gas-
Operated Semiautomatic Firearms Exclusion Act and the manner in
which gas-operated semiautomatic firearms shall be marked
pursuant to Subsection E of Section 3 of that act."
SECTION 7. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] CERTIFICATION OF SEMIAUTOMATIC FIREARMS.--
A. No later than October 1, 2025, the attorney
general, in consultation with the department of public safety,
shall develop and make available a system for certifying gas-
operated semiautomatic firearms. The system shall require
owners of gas-operated semiautomatic firearms to:
(1) complete a certification form; and
(2) if prior to January 1, 2026, submit that
form to a licensed firearm dealer located in the state of New
Mexico or to the attorney general; or
(3) if after January 1, 2026, submit that form
to the attorney general.
B. The attorney general, in consultation with the
department of public safety, shall promulgate rules that govern
the certification form and the submission process to both
licensed firearm dealers and to the attorney general. The
rules for submission of the certification form to a licensed
firearm dealer shall include that:
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(1) there are two copies of the certification
form: one to be maintained in the normal course of business by
the licensed firearm dealer in the same manner as acquisition
and disposition records under 27 CFR Section 478.125; the other
to be maintained by the owner of the gas-operated semiautomatic
firearm;
(2) the copies of the certification form shall
be completed in part by a licensed firearm dealer who has
personally observed the serial number on the gas-operated
semiautomatic firearm and photo identification of the owner of
the gas-operated semiautomatic firearm;
(3) the owner of the gas-operated
semiautomatic firearm shall have the owner's copy of the form
notarized within two business days of the licensed firearm
dealer completing its portion of the form and before January 1,
2026;
(4) the owner of the gas-operated
semiautomatic firearm shall carry the owner's copy of the
certification form on the owner's person at all times while
possessing a gas-operated semiautomatic firearm outside private
property owned or immediately controlled by the person. The
owner of the gas-operated firearm shall show the form to any
law enforcement officer upon an officer's request; and
(5) licensed firearm dealers shall make
certification forms available to law enforcement for inspection
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upon request. Any licensed firearm dealer in the state that
ceases to operate shall send all certification forms in the
licensed firearm dealer's possession to the attorney general.
C. The certification shall include:
(1) an affirmation that the person possessed
the semiautomatic firearm pursuant to Sections 3 and 8 of the
Gas-Operated Semiautomatic Firearms Exclusion Act prior to
January 1, 2026, received a timely certified firearm from an
immediate family member or moved into the state in possession
of the firearm within sixty days prior;
(2) as applicable, the make, model, caliber
and serial number of the firearm;
(3) the person's name, address, telephone
number and date of birth; and
(4) as applicable, the name, address, phone
number and unique identifying number of the licensed firearm
dealer that prepared and is maintaining a copy of the
certification form.
D. Information contained in the certification shall
be confidential, is exempt from disclosure pursuant to the
Inspection of Public Records Act and shall not be disclosed,
except to law enforcement agencies acting in the performance of
the law enforcement agencies' duties.
E. The certification form shall include the
following statement printed in bold type: "Warning: Entering
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false information on this form is punishable as perjury
pursuant to Section 30-25-1 NMSA 1978.". In any
administrative, civil or criminal proceeding in the state, a
completed certification submitted to the attorney general or a
licensed firearm dealer by a person pursuant to this section
creates a rebuttable presumption that the person is entitled to
possess and transport the gas-operated semiautomatic firearm."
SECTION 8. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] NONRESIDENTS.--
A. A nonresident may transport, within twenty-four
hours, a firearm, device or combination of parts described in
Paragraphs (1) through (5) of Subsection A of Section 3 of the
Gas-Operated Semiautomatic Firearms Exclusion Act or a large-
capacity ammunition feeding device manufactured after July 1,
2025 for a lawful purpose from a place where the nonresident
may lawfully possess the gas-operated semiautomatic firearm,
device or combination of parts to another place where the
nonresident may lawfully possess the gas-operated semiautomatic
firearm, device or combination of parts if, during the
transportation, the gas-operated semiautomatic firearm, device
or combination of parts is unloaded and is not readily
accessible or directly accessible from the passenger
compartment of the transporting vehicle. In the case of a
vehicle without a compartment separate from the driver's
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compartment, the gas-operated semiautomatic firearm, device or
combination of parts shall be contained in a locked container
other than the glove compartment or console.
B. A nonresident who moves into the state in
possession of a firearm, device or combination of parts
described in Paragraphs (1) through (5) of Subsection A of
Section 3 of the Gas-Operated Semiautomatic Firearms Exclusion
Act shall, within sixty days, complete and submit a
certification in accordance with the process established by the
attorney general pursuant to Section 7 of that act. Once a
gas-operated semiautomatic firearm is certified under this
section, the lawful owner may use and transfer such firearms as
allowed under Subsections C and D of Section 3 of that act."
SECTION 9. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
"[NEW MATERIAL] PENALTIES.--
A. Unless specified otherwise in the Gas-Operated
Semiautomatic Firearms Exclusion Act, whoever violates a
provision of that act is guilty of a misdemeanor.
B. Whoever commits or attempts to commit a felony
offense while in possession of a gas-operated semiautomatic
firearm or large-capacity ammunition feeding device in
violation of the Gas-Operated Semiautomatic Firearms Exclusion
Act is guilty of a fourth degree felony."
SECTION 10. A new section of Chapter 30, Article 7 NMSA
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- 19 - underscored material = new
[bracketed material] = delete
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1978 is enacted to read:
"[NEW MATERIAL] SEVERABILITY.--If any part or application
of the Gas-Operated Semiautomatic Firearms Exclusion Act is
held invalid, the remainder or its application to other
situations or persons shall not be affected."
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