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
Sens. O’Malley and Berghmans/Reps.
Romero, A., Little, and Roybal-Caballero
LAST UPDATED
ORIGINAL DATE 2/27/25
SHORT TITLE
Gas-Operated Semiauto Firearms Exclusion
Act
BILL
NUMBER Senate Bill 279
ANALYST Sanchez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
NMCD
No fiscal
impact
At least $28.2 At least $28.2 At least $56.4 Recurring General Fund
Cost to Counties
No fiscal
impact
At least $19.2 At least $19.2 At least $38.4 Recurring General Fund
Total
No fiscal
impact
At least $47.4 At least $47.4 At least $94.8 Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to House Bills 38, 83, and 8l. Relates to Senate Bills 244 and 255.
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) Administrative Office of the District Attorneys (AODA)
Law Offices of the Public Defender (LOPD)
Office of the Attorney General (NMAG)
New Mexico Sentencing Commission (NMSC)
Office of the Governor (GOV)
Department of Health (DOH)
Corrections Department (NMCD)
Department of Public Safety (DPS)
SUMMARY
Synopsis of Senate Bill 279
Senate Bill 279 (SB279), titled the Gas-Operated Semiautomatic Firearms Exclusion Act,
proposes a new section within Section 30-7, NMSA 1978, to regulate the sale, transfer, and
possession of certain firearms and firearm accessories in New Mexico. The bill establishes
prohibitions on gas-operated semiautomatic firearms, large-capacity ammunition feeding
devices, and rapid-fire devices, while also setting forth a certification process for certain
exempted firearms.
Senate Bill 279 – Page 2
The legislation defines key terms, including “gas-operated semiautomatic firearm,” “large-
capacity ammunition feeding device,” and “rapid fire device.” It grants the Attorney General
authority to compile and publish a list of regulated firearms. Beginning July 1, 2025, SB279
would prohibit the importation, sale, manufacture, transfer, or receipt of gas-operated
semiautomatic firearms, subject to specific exceptions. Beginning January 1, 2026, possession of
such firearms would be prohibited unless the owner has obtained certification in accordance with
procedures established by the Attorney General. The bill outlines restrictions on the locations
where certified firearms may be possessed and details conditions under which they may be
transferred.
The bill provides criminal penalties for violations, including a misdemeanor for unlawful
possession and a fourth-degree felony for using a regulated firearm or accessory in the
commission of a felony. It also includes provisions for exemptions for government agencies, law
enforcement, and certain security-related functions.
If enacted, SB279 would alter New Mexico’s firearm regulations and could impact firearm
owners, law enforcement agencies, and judicial processes related to firearm offenses. The bill
contains a severability clause, ensuring that if any portion is deemed invalid, the remainder
would continue to be in effect.
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
Incarceration drives costs in the criminal justice system, so any changes in the number of
individuals in prison and jail and the length of time served in prison and jail that might result
from this bill could have significant fiscal impacts. The creation of any new crime, increase of
felony degree, or increase of sentencing penalties will likely increase the population of New
Mexico’s prisons and jails, consequently increasing long-term costs to state and county general
funds. In addition to the potential for new crimes to send more individuals to prison and jail,
longer sentences could result in fewer releases relative to admissions, driving up overall
populations. The Corrections Department (NMCD) reports the average cost to incarcerate a
single inmate in FY24 was $59.3 thousand; however, due to the high fixed costs of the state’s
prison facilities and administrative overhead, LFC estimates a marginal cost (the cost per each
additional inmate) of $28.2 thousand per year across all facilities. LFC estimates a marginal cost
(the cost per additional inmate) of $19.2 per county jail inmate per year based on incarceration
costs at the Metropolitan Detention Center. SB279 is anticipated to increase the number of
incarcerated individuals and increase the time they spend being incarcerated.
SB279 does not contain an appropriation; however, implementation may result in fiscal impacts
for multiple state agencies, including the Office of the Attorney General, the Department of
Public Safety, and the Administrative Office of the Courts. The Attorney General will be
responsible for compiling and maintaining a list of prohibited firearms, developing a certification
system for legally possessed firearms, and ensuring compliance with the bill’s provisions, which
may require additional administrative resources. Law enforcement agencies may experience
increased costs related to the investigation and enforcement of new firearm restrictions, while
judicial agencies may see a rise in caseloads due to prosecutions, appeals, and potential legal
challenges to the law. Senate Bill 279 – Page 3
The requirement for firearm owners to certify eligible firearms may generate administrative
costs, including processing and maintaining records. Additionally, restrictions on sales and
transfers may result in economic effects on firearm dealers and manufacturers, potentially
affecting tax revenues from those transactions. While the overall fiscal impact is indeterminate at
this time, costs related to enforcement, prosecution, and administration should be considered
when evaluating the bill’s financial implications.
SIGNIFICANT ISSUES
SB279 proposes new firearm regulations that may raise legal and administrative considerations.
The bill directs the Attorney General to establish and maintain a list of prohibited gas-operated
semiautomatic firearms, which may require coordination with federal and state agencies to
ensure clarity and consistency in enforcement. Additionally, the bill includes a certification
process for certain firearms lawfully possessed before the prohibition date, which requires
firearm owners to submit information to either the Attorney General or a federally licensed
firearms dealer. This provision may present logistical challenges related to implementation and
compliance.
Legal challenges to the bill may arise under both the Second Amendment of the U.S.
Constitution and Article II, Section 6 of the New Mexico Constitution, which guarantees the
right to bear arms. The classification of firearms based on internal mechanisms, rather than
external features, represents a departure from traditional firearm regulation approaches. Similar
laws in other jurisdictions have faced legal scrutiny, and any litigation resulting from SB279
could impact the timeline for enforcement. Additionally, coordination with law enforcement
agencies will be necessary to ensure consistent application of the law, particularly regarding
exemptions for certain firearm types and ownership transfers.
The bill may also intersect with existing federal firearm regulations. For example, the National
Firearms Act governs the registration and transfer of machine guns, and SB279’s restrictions on
rapid fire devices may require further clarification regarding how these provisions align with
federal standards. The prohibition on large-capacity ammunition feeding devices includes
exemptions for certain types of firearms, and the interpretation of these exemptions may require
further guidance from regulatory agencies. As with any significant regulatory change, outreach
and education efforts may be necessary to ensure that firearm owners, dealers, and law
enforcement personnel understand and comply with the new requirements.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
SB279 relates to House Bill 38, which creates the crime of unlawful possession of a weapon
conversion device that can convert a semiautomatic weapon into a fully automatic weapon;
House Bill 83, which would lower the eligible age for the permit-less carrying of firearms to any
person of 18 years of age; and House Bill 8, an omnibus public safety measure.
SB279 relates to Senate Bill 244, which creates the crime of unlawful transfer of a firearm to a
minor, and Senate Bill 255, which adds a penalty for facilitating firearm sales without a
background check.
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