45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO FIREARMS; ENACTING THE GUN VIOLENCE PREVENTION ACT; PROVIDING FOR CRIMINAL BACKGROUND CHECKS WHEN FIREARMS ARE TRANSFERRED AT GUN SHOWS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Gun Violence Prevention Act".

Section 2. DEFINITIONS.--As used in the Gun Violence Prevention Act:

A. "firearm" means a handgun, rifle, shotgun or any other weapon that is designed to expel a projectile by action of an explosion;

B. "gun show" means the entire premises provided for an event or function, including parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale or collection of firearms at which:

(1) twenty-five or more firearms are offered or exhibited for sale, transfer or exchange; or

(2) three or more gun show vendors exhibit, sell, offer for sale, transfer or exchange firearms;

C. "gun show promoter" means a person who organizes or operates a gun show;

D. "gun show vendor" means a person who exhibits, sells, offers for sale, transfers or exchanges a firearm at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer or exchange a firearm; and

E. "licensed firearms dealer" means a person who is a federally licensed firearms dealer, as provided in 18 USCA Sections 921 and 923, as amended.

Section 3. BACKGROUND CHECKS AT GUN SHOWS--PENALTY.--

A. Before a gun show vendor transfers or attempts to transfer a firearm at a gun show, he shall require the performance of a criminal background check on the prospective transferee.

B. A gun show promoter shall arrange for the services of one or more licensed firearms dealers on the premises of a gun show to perform the criminal background check required pursuant to Subsection A of this section.

C. A person who fails to comply with the provisions of Subsection A or B of this section is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a third or subsequent conviction, the person is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

Section 4. POSTED NOTICE--PENALTY.--

A. A gun show promoter shall post, in a prominent location, a notice that sets forth the requirements for a criminal background check, as provided in the Gun Violence Prevention Act.

B. The form of the notice shall be prescribed by the secretary of public safety or his designee.

C. A person who fails to comply with the provisions of Subsection A of this section is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

Section 5. RETENTION OF RECORDS--PENALTY.--

A. A licensed firearms dealer who conducts a criminal background check on a prospective transferee shall record the transfer of the firearm and retain the records in the same manner as when he conducts a sale, rental or exchange of a firearm at retail.

B. A person who fails to comply with the provisions of Subsection A of this section is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

Section 6. FEES.--For each background check conducted at a gun show, a licensed firearms dealer may charge a fee not to exceed fifteen dollars ($15.00).

Section 7. EXCEPTIONS.--The provisions of the Gun Violence Prevention Act shall not apply to the transfer of:

A. an antique firearm, as defined in 18 USCA Section 921, as amended; or

B. a curio or relic, as defined in 27 C.F.R. Section 178.11, as amended.

Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.