44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO FIREARMS; PROHIBITING PARTICIPATION IN THE NATIONAL FIREARMS REGISTRATION DATABASE; PROHIBITING THE COLLECTION OF FEES IN CONNECTION WITH AN ACTION TAKEN TO IMPLEMENT THE FEDERAL "BRADY ACT"; PROHIBITING COMMUNICATION OF INFORMATION GAINED PURSUANT TO THAT ACT; PROVIDING CIVIL REMEDIES FOR VIOLATIONS OF PROHIBITIONS.

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

Section 1. PROHIBITION OF ACTIONS IN CONNECTION WITH THE FEDERAL "BRADY ACT"--PENALTIES AND REMEDIES FOR VIOLATION.--

A. No state agency, board, commission or institution and no political subdivision of the state or an agency, board, commission or institution of a political subdivision shall accept grants or loans of federal funds that are conditioned upon the state or local entity's participation in creation or maintenance of a national firearm registration database.

B. Neither a state agency, officer or employee, nor a local government agency, officer or employee, shall charge or collect a fee in connection with an action taken to implement Public Law 103-159, commonly known as the "Brady Act".

C. It is unlawful for a person acting in his official governmental capacity or in the scope of his employment to:

(1) acquire information concerning an individual because of the operation of Public Law 103-159, commonly known as the "Brady Act", and communicate that information to a person not legally entitled to have it; or

(2) fail to destroy information acquired as described in Paragraph (1) of this subsection within forty-eight hours of acquiring it, unless retention is specifically required by federal law.

D. A person aggrieved by the act of another in violation of Subsection C of this section may bring a civil action against the violator and recover treble damages plus a reasonable attorney fee if successful in the action.

E. No state agency, board, commission or institution and no political subdivision of the state or agency, board, commission or institution of a political subdivision shall take any action whatsoever to implement any federal law that creates or maintains a national firearm registration database. For purposes of this subsection, a law creates or maintains a national firearm registration database if it requires that any information concerning the identity of firearms purchasers be provided to a department or agency of the federal government, and if the agency or department fails to instantaneously destroy all information submitted concerning any person not found to be prohibited from purchasing or possessing a firearm. A person aggrieved by a violation of this subsection may bring a civil action against the violator and recover treble damages plus a reasonable attorney fee if successful in the action.