SENATE BILL 48

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Richard C. Martinez and Peter Wirth

AN ACT

RELATING TO CRIME; REQUIRING CRIMINAL BACKGROUND CHECKS ON GUN TRANSFERS BETWEEN CERTAIN PERSONS; 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 1978 is enacted to read:

     "[NEW MATERIAL] FIREARM TRANSFERS BETWEEN UNLICENSED PERSONS--BACKGROUND CHECKS.--

          A. Except as provided in Subsection D of this section, an unlicensed person who transfers a firearm to or receives a firearm from another unlicensed person shall comply with the provisions of this section.

          B. Before unlicensed persons transfer a firearm between them, the transferor and the transferee shall appear together with the firearm to be transferred at a firearm dealer and request that the firearm dealer facilitate the transfer. If the firearm dealer agrees to facilitate the transfer, the dealer shall process the transfer using the same procedures and complying with all federal and state laws that would apply if the dealer transferred the firearm from the dealer's own inventory to the transferee. The transferor and transferee shall complete and sign all forms required by state and federal law to process the transferee's background check and to complete the transfer. The firearm dealer shall indicate on the forms that the transfer is between unlicensed persons and may charge a reasonable fee for facilitating the transfer.

          C. If the results of a transferee's background check indicate that the transferee is prohibited by federal or state law from possessing or receiving a firearm, the firearm shall not be transferred to the transferee by the firearm dealer or the transferor, but the transferor may remove the firearm from the premises of the firearm dealer. 

          D. The provisions of this section do not apply to the transfer of a firearm:

                (1) between family members;

                (2) by or to a firearm dealer;

                (3) by or to a law enforcement agency;

                (4) by or to a law enforcement officer, a member of the armed forces or a level three security guard licensed pursuant to Section 61-27B-15 NMSA 1978, if the officer, member or security guard is acting within the course and scope of employment and official duties;

                (5) to an executor, administrator, trustee or personal representative of an estate or trust, which transfer occurs by operation of law upon the death of the owner of the firearm;

                (6) that is temporarily transferred to a person who is not prohibited from possessing or receiving firearms by federal or state law if:

                     (a) the transfer is necessary to prevent imminent death or great bodily harm; and

                     (b) the transfer lasts only as long as necessary to prevent such imminent death or great bodily harm; or

                (7) that is temporarily transferred to a person who is not prohibited from possessing or receiving firearms by federal or state law if the transfer and the transferee's possession of the firearm take place exclusively:

                     (a) at a shooting range authorized by the governing body of the jurisdiction in which the range is located or, if no such authorization is required, operated consistently with local law in the jurisdiction;

                     (b) while hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses and permits required for such hunting or trapping;

                     (c) at a lawful and organized competition involving the use of a firearm or for participation in or practice for a performance by an organized group that uses firearms as part of the performance; or

                     (d) in the presence of the transferor.

          E. An unlicensed person who violates the provisions of this section shall be guilty of:

                (1) for a first offense, a misdemeanor; and

                (2) for a second or subsequent offense, a fourth degree felony. 

          F. As used in this section:

                (1) "background check" means the process described in 18 U.S.C. Section 922(t) that uses the national instant criminal background check system to determine whether a person is prohibited from possessing or receiving firearms under federal or state law;

                (2) "family member" means:

                     (a) a spouse; or

                     (b) a parent, child, sibling, grandparent or grandchild, whether by consanguinity, adoption or step-relation;

                (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;

                (4) "firearm dealer" means a person who holds a federal firearms license issued pursuant to 18 U.S.C. Section 923(a);

                (5) "person" means an individual, corporation, trust, company, firm, partnership, association, club, organization, society, joint stock company or other legal entity;

                (6) "transfer" means to sell, furnish, give, lend, deliver or otherwise provide, with or without consideration;

                (7) "transferee" means an unlicensed person who intends to receive a firearm from another unlicensed person;

                (8) "transferor" means an unlicensed person who intends to transfer a firearm to another unlicensed person; and

                (9) "unlicensed person" means a person who is not a firearm dealer."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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