A controversial gun bill passed its second test in the Roundhouse Wednesday night. The bill, which is aimed at curbing illegal gun sales, passed the Senate Judiciary Committee on a 6-3 party line vote.
Senate Bill 17 seeks to stop guns from getting into the hands of criminals by regulating and recording sales at dealers, and by restricting particular types of weapons.
Bill co-sponsor, State Sen. Heather Berghmans (D-Bernalillo), says it’s especially focused on a practice known as “straw sales.”
“A known straw purchaser has made hundreds of purchases in stores — including purchasing an AK 47 — supplying guns to teens, including a 15-year-old at West Mesa,” she said. “These are not stolen hunting rifles or guns taken from unlocked nightstands. We're talking about a retail to street pipeline, guns sold legally and then traffic trafficked into the criminal market.”
The bill was originally devised after the gun safety group Everytown For Gun Safety released a report showing New Mexico has a high number of these guns.
During the committee meeting, Chrstina Gill, whose adult son was shot and killed by a convicted felon in 2021, said police told her details on how, when and where a convicted felon acquired a gun was not relevant to the investigation.
“A conviction and 30-year sentence do not restore life. This is not just a personal tragedy, it is a policy failure,” Gill said. “States that combine responsible gun ownership with strong oversight save lives, states that allow illegal gun sales to flourish pay a heavy price. These outcomes are not inevitable.”
SB17 requires dealers to have certain security measures, employee training, and mandatory reporting requirements. Plus, they would have to keep thorough records of each and every sale that are accessible by law enforcement upon request with no warrant required.
Additionally, the bill would ban any gas-operated semi-automatic firearms with a magazine capacity of more than 10 rounds.
Opponents of the bill, like Wiliam Feiereisen, who spoke at the Senate Judiciary Committee meeting on Wednesday, say SB92 is obviously focused on AR-15s.
“The AR-15 is the Ford F-150 of firearms. It's affordable for everyone, reliable and adaptable for many purposes, hunting, ranching, recreation, self defense,” he said “According to (the U.S. Supreme Court case District of Columbia v.) Heller's criteria, there's nothing dangerous and unusual about this, any more than any other rifle. These are not weapons of war, they are the most common firearms in America.”
Executive Director of the New Mexico Shooting Sports Association, Anthony Segura, said the bill violates several established legal precedents, such as the Bruen decision, and would undoubtedly face lawsuits that could weaken it.
“What this will do is cost the state of New Mexico hundreds of $1,000 court fees. And if it continues, it could cost even in the millions. We've seen it happen in other states,” Segura said.
“We're trying to ask you, please don't waste the money. We need the money for public safety, schools, health care and keeping law enforcement fully staffed. SB17 risks the taxpayers money for years — not fighting crime, but fighting lawsuits that could have been avoided”
The bill was amended to keep some gun owners’ information out of public records. But State Sen. Crystal Brantley (R-Elephant Butte) said it still goes too far.
“I believe it’s a direct violation of the constitution we have been sworn to uphold and an abandonment of our duties of office,” she said.
The bill now heads to the full Senate for a vote.
Support for this coverage comes from the W.K. Kellogg Foundation.