Senate passes gun bill after lengthy debate — Matthew Reisen, Albuquerque Journal
After a sometimes heated six-hour debate and a few failed amendments, the New Mexico Senate passed a gun bill that aims to stop firearms from getting into the wrong hands and ban the sale of certain types of weapons.
With a 21-17 vote, Senate Bill 17 now heads to the House for approval. Sens. Joseph Cervantes of Las Cruces, Benny Shendo Jr. of Jemez Pueblo and Angel Charley of Acoma Pueblo were the lone "no" votes among Democratic lawmakers.
All Republican senators voted in opposition.
Senate Bill 17 would require licensed gun dealers to keep inventory records and implement security measures, similar to those placed on state-authorized recreational cannabis dispensaries.
The bill, sponsored by several Democratic lawmakers, including Sens. Debbie O'Malley and Heather Berghmans, both of Albuquerque, would also ban the sale or possession of certain "military-grade weapons," including machine guns and gas-operated semiautomatic firearms.
As lawmakers hunkered down for the lengthy debate Saturday, more than 100 people — some with rifles slung across their chests — took part in a Second Amendment rally outside the Roundhouse in Santa Fe. Several Republican legislators, including Rep. Stefani Lord, R-Sandia Park, who donned a necklace of bullet casings fitted with turquoise points, spoke against SB17.
In the Capitol Rotunda, dozens bill supporters gathered to listen to stories from those who lost loved ones to gun violence and advocates with Moms Demand Action and Students Demand Action. In one speech, Jamie Voita of Farmington choked up remembering her mother-in-law, Shirley Voita, who was killed along with three others by an active shooter.
In a statement after the bill's passage, Senate Minority Leader William Sharer, R-Farmington, said, "Today, Democrats in Santa Fe decided that the rights of New Mexicans to protect themselves and their families should be eliminated."
"Listen to the words they say, they have repeatedly admitted this bill is unconstitutional, yet they are forcing it upon law-abiding citizens," he said. "New Mexicans deserve to be represented by elected officials who take their oaths of office seriously, not by activists who hate our Constitution and who promote fringe radical policies designed to undermine the very foundation of our Nation."
Angela Ferrell-Zabala, executive director of Moms Demand Action, said in a statement that the Senate “took an important step to stop illegal guns from flooding our communities.”
"SB 17 is about holding gun traffickers and bad actors accountable so fewer guns — including dangerous military-grade weapons — end up in the hands of kids and in our neighborhoods," she said. "Moms, students, and families showed up at the Roundhouse today because we’re tired of inaction, and today, lawmakers listened.”
‘A GUNFIGHT’ ON THE FLOOR
The hourslong debate and proposed amendments covered a wide swath of ground, with discussions ranging from measured and cordial to heated and quarrelsome.
At times, lawmakers described the Senate itself as “a gunfight” and in a separate moment posed hypothetical scenarios of legislators killing each other in self-defense, thanks only to the availability of a gun.
The wide-ranging conversation pondered the perception of weapons all the way back to biblical times, considered how items like a soda can could kill in the right hands and if a 10-year-old should be allowed to work at a gun store.
Two amendments — from Republican Sens. Crystal Brantley of Elephant Butte and Jay Block of Rio Rancho, respectively — sought to strike a section that banned specific types of weapons and, separately, add a clause that would allow a person under 21 to work at a gun store if they took a hunter safety course or were a veteran. Both amendments failed.
In debate, Republicans spoke out loudly against the bill, many echoing each other's sentiments: that the bill violated the Second Amendment and would not deter criminals but only hurt “law-abiding citizens” and gun sellers. They compared rifles to tennis rackets and golf clubs.
Block at one point was asked by Senate President Pro Tem Mimi Stewart, D-Albuquerque, to “be respectful” as he grilled O'Malley over whether an AR-15 is a military weapon, countering it is the most popular among citizens.
Sen. David Gallegos, R-Eunice, and Block both said the bill would hurt small businesses by saddling them with additional costs to meet requirements.
Berghmans said, in response, “If you're a responsible business, you have nothing to be concerned about.”
Sen. Jim Townsend, R-Artesia, said the bill did nothing to help public safety.
“This may make you feel good, but don’t get real comfy, because this doesn't do anything to stop crime,” he said.
Gallegos said, without specifics, that he blamed “unruly kids” who shoot into homes and are then released from jail as the problem driving gun violence.
Sharer asked Berghmans if he would be able to keep and use his 30-round magazine. She said yes but told him he couldn't get a second one under the bill.
“By preventing me from having a second magazine, does that make you safer?” Sharer asked. Such extended magazines allow for a gun to fire dozens of rounds and are not necessary for self-defense, Berghmans replied.
“Have you been in a gunfight?” Sharer asked. The tension of the moment was broken by laughter after someone described the Senate as a type of gunfight.
However, the verbal jousting continued.
Sharer asked, has a firearm ever been used for good? Berghmans replied, “it depends on your definition of ‘good.’”
Sharer then posed the question: Does Stewart, whom he referred to as “petite,” think she could fight off Block, or Berghmans, physically. When she replied that she would run away, Sharer asked her to ponder: what if she had a firearm, and “didn’t just have to die at their hands.”
“Now Madame President, you are equal to Rambo, because I promise you Rambo will die if you put a bullet in him – in the right spot.”
After the bill passed, Gallegos was crestfallen.
"This one really hurts," he said in explaining his "no" vote after the passage. "I hope my constituents hold me responsible."
STATE GUN LAWS, THEN AND NOW
Gov. Michelle Lujan Grisham, who has supported several gun laws passed by the Legislature in her tenure, urged for the passage of Senate Bill 17 during her State of the State address.
Since first taking office in 2019, lawmakers have passed bills expanding mandatory background check requirements for gun purchases and allowing guns to be seized from those deemed to pose a threat to themselves or others.
At least one piece of past legislation, a 2024 law implementing a seven-day waiting period for gun purchases, is in limbo after a Denver-based federal appeals court ruled the law unconstitutional.
Senate Bill 17 bill was prompted by a report issued last year by the New York-based Everytown for Gun Safety that found that, of nearly 5,000 guns used in crimes in New Mexico that were recovered and traced by law enforcement, about 78% were originally bought from licensed firearm dealers, most of them within the state.
The firearm death rate in New Mexico — which has historically had higher than average violent crime rates — was the nation’s fourth-highest as of 2023, according to Johns Hopkins’ Bloomberg School of Public Health.
Of the 530 gun-related deaths in the state that year, there were slightly more suicides than homicides. Firearm-related deaths also represented the largest cause of death for state children between the ages of 1 and 17.
In a statement Saturday evening, Lujan Grisham applauded the passage of the bill, saying the legislation, “Holds gun dealers to the same basic standards expected of any responsible business — securing inventory, training employees, and preventing illegal sales.”
“I’m grateful for the Senate’s vote today and I encourage the House to follow suit at the earliest opportunity,” the governor added.
Trial against Meta in New Mexico focuses on dangers of child sexual exploitation on social media — Morgan Lee, Associated Press
A trial focused on the dangers of child sexual exploitation on social media and whether Meta misrepresented the safety of its platforms began Monday in New Mexico with opening statements.
It's the first stand-alone trial from state prosecutors in a stream of lawsuits against major social media companies, including Meta, over harm to children, and one that is likely to highlight explicit online content and its effects.
Prosecutors told a jury that Meta failed to disclose what it knew about harmful effects of its platform on children, in violation of state consumer protection laws. Meta also is accused of creating a public nuisance.
“The theme throughout this trial is going to be that Meta put profits over safety," attorney Donald Migliori, representing the state of New Mexico in its suit against Meta. "Meta clearly knew that youth safety was not its corporate priority ... that youth safety was less important than growth and engagement.”
Migliori said jurors will hear testimony and see internal communications from CEO Mark Zuckerberg and head of Instagram Adam Mosseri that illustrate Meta’s emphasis on profits over safety.
He said internal Meta communications also show that Zuckerberg knew of widespread use the platform by children under 13, contradicting public statements.
“The actions of these two individuals demonstrate their prioritization of growth and engagement over safety,” said Migliori.
Testimony is expected to be drawn from current and former employees of Meta with safety responsibilities to show that Meta misrepresented what it knew about the effects its platforms on teenagers and preteens.
Whistleblowers on the state’s witness list include Arturo Bejar, an engineering director at Facebook from 2009 to 2015 who later testified to Congress about his daughter confronting harassment on Instagram.
Migliori said prosecutors will also delve into what Meta knew about the addictive nature of its algorithms that decide which content to present to users.
Prosecutors say they’ll present evidence that Meta knew about 500,000 inappropriate interactions with children took place each day on its platforms, while its ability to track those interactions was inadequate.
Meanwhile, in California, opening statements began Monday in a separate case against Meta and Google’s YouTube alleging that their platforms deliberately addict and harm children. Plaintiffs' arguments there and in New Mexico, if successful, could sidestep the companies’ First Amendment shield and Section 230, which protects tech companies from liability for material posted on their platforms, and determine how thousands of similar lawsuits will play out.
New Mexico Attorney General Raúl Torrez sued Meta in 2023 and attended Monday's trial opening. His team built the case by posing as kids through social media accounts, then documenting the arrival of sexual solicitations as well as the response by Meta, the owner of Facebook, Instagram and WhatsApp.
Prosecutors say they’ll provide evidence and testimony that Meta’s algorithms and account features not only enticed and addicted young people to social media but also fostered a “breeding ground” for predators who target children for sexual exploitation.
Meta denies any legal violations and says prosecutors are cherry-picking evidence to make sensationalist arguments. On Sunday, Meta called the state’s investigation “ethically compromised” in its use of child photos on proxy accounts, delays in reporting child sexual abuse material and the disposal of data from devices used in the investigation, in social media posts on X by company spokesperson Andy Stone.
The company says lawsuits are attempting to place the blame for teen mental health struggles on social media companies in a way that oversimplifies matters. Meta says it has a longstanding commitment to supporting young people, highlighting a steady addition of account settings and tools — including safety features that give teens more information about the person they’re chatting with and content restrictions based on PG-13 movie ratings.
“For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most," the company said in a statement. “We’re proud of the progress we’ve made."
It's unclear whether Zuckerberg will testify at trial. New Mexico limits the ability to compel out-of-state witnesses to testify in person, while prosecutors can present testimony by Zuckerberg from a deposition.
Initial objections Monday by Meta to showing explicit images at trial — arguing that might revictimize people or unfairly imply that Meta is responsible for all content on its platform — were overruled by New Mexico District Court Judge Bryan Biedscheid.
Meta argues it works hard to take down harmful content but that it can’t reasonably be held liable for material posted on its platforms under a 30-year-old provision of the U.S. Communications Decency Act.
More than 40 state attorneys general have filed lawsuits against Meta, claiming it is deliberately designing features that addict children to its platforms. The majority filed their lawsuits in federal court, and New Mexico's case against Meta is the first to reach trial.
Torrez, a Democrat seeking reelection this year to a second term, has urged Meta to implement more effective age verification and remove bad actors from its platform. He’s also seeking changes to algorithms that can serve up harmful material and criticizing end-to-end privacy encryption that can prevent the monitoring of communications with children for safety.
Deaths of children in CYFD custody decried – Colleen Heild, Albuquerque Journal
Nine children died while in New Mexico foster care in 2025, according to a new report, with another 10 identified as "near fatalities."
It's a toll one child welfare attorney called "shocking."
The data was reported by two outside monitors regularly tracking what is happening to abused and neglected children in state custody.
The report, by Judith Meltzer, of the Center for the Study of Social Policy, and Kevin Ryan, of the group Public Catalyst, was made public in advance of a March hearing before a state-retained arbitrator who is overseeing New Mexico's compliance with a 2020 settlement of a lawsuit designed to improve the wellbeing of foster children and youth.
"Safety of children is the core function of the foster care system. It is shocking that in 2025 nine children died and there were 10 near fatalities reported," said attorney Tara Ford, who is part of the legal team that filed the lawsuit in 2018 on behalf of 14 foster children, including a boy identified as Kevin S.; and two organizations, Disability Rights New Mexico and the Native American Disability Law Center.
According to a Children, Youth and Families Department spokesman on Friday, five children in state custody died in 2024, but CYFD didn't separate out "near fatalities" back then. That has changed since the state Legislature last year enacted a law that required such data be reported.
That law defines a near fatality as a child who is placed in a serious or critical medical condition, as certified by a physician.
CYFD data shows the causes of death included accident, homicide and suicide. In the deaths of five children, all under 18-months old, the cause was undetermined. The children were living either in a group home with foster parents or resided with biological parents who were under investigation by CYFD or those in which CYFD had an open case.
Seven of the deaths last year involved children 18 months and younger.
In their report, the monitors, also called co-neutrals, singled out the deaths of a pregnant 17-year-old and a 16-year-old boy who committed suicide about a month apart last spring.
Both had been in custody of CYFD for less than two years, though each was long known to the agency, the report stated.
In many instances, records show that both teens "demonstrated resilience, sought help from CYFD when in crisis, and frequently showed a desire for connection to supportive adults and stability during their time in custody," the monitors reported.
"Records indicate that each youth had the benefit of at least one determined and skilled staff person at some point during their time in care who advocated, mostly unsuccessfully, for their needs and wants."
But the monitors found, "Therapeutic and supportive services were not provided consistently and, in some instances, not provided at all."
The CYFD records examined in the two cases "exemplify" the negative impact on the two youths of continuous CYFD staff turnover and the inadequate supply of safe, family-based placements for foster children, the report states.
"At the time of their deaths, neither youth was placed in a stable family-based setting with adequate support to transition and sustain the placement while in CYFD custody," the report stated.
After they died, the report states, "The administrative response ... by CYFD was fully inadequate, marked by incorrect information, poor inter-agency coordination and the slow exercise of post-fatality investigation and oversight."
"Symptomatic of this approach, CYFD often pledged to provide key information and reports to the Co-Neutrals, which typically did not arrive as promised, if at all," the report states.
In the boy's case, "there was inadequate follow-up with the institution where he resided to ensure the safety and well-being of the remaining residents and to correct failures related to supervision and safety," the report stated. He had been living at the AMIKids multiservice home in Albuquerque when he died.
In recent years, CYFD has struggled with many of the Kevin S. provisions, such as increasing the number of foster homes and hiring enough employees to lower caseworker caseloads. Meltzer and Ryan, called co-neutrals, are paid by the state to assess compliance and make recommendations to help CYFD and the state Health Care Authority meet their goals.
One area of "substantial progress" cited in the report showed 77% of children entering state custody received a required well-child visit from a medical provider to assess their health from July to November 2025. That was up dramatically from the 23% of children who received such visits within 30 days of entry in the first half of the year.
CYFD, which has had three cabinet secretaries since 2019, has undergone a significant leadership change under acting Secretary Valerie Sandoval, who took over last fall. But the beleaguered agency, which cares for about 2,000 foster children, has had difficulty recruiting foster parents and retaining caseworkers.
"The State’s limited areas of improvement stand in stark contrast to the harm endured by children whose lives are in the balance, " Ford said in a statement to the Journal.
Jake Thompson, a CYFD spokesperson, told the Journal on Friday that the agency is implementing a broad strategy to increase the number of foster homes, including improved training for recruiters, new welcome packets for foster parents, a landing page to house detailed foster parent information, marketing outreach in the state's five high needs counties and enhanced training for prospective foster parents.
"CYFD welcomes the ongoing efforts of the CoNeutrals to not only evaluate the State’s compliance with the Kevin S obligations, but to meet with both staff and leadership to identify best practices that improve our performance in meeting our mission," Thompson said on Friday. "Their time, diligence, and expertise are sincerely appreciated as we continually strive to improve the safety, security and well-being of children in CYFD’s care."
Ford said she believes it "remains perilous" for children in foster care given that the monitors found only 20% of CYFD workers met caseload standards.
"Similarly," she added, "the state cannot keep children safe when it lacks appropriate placements for children. CYFD only licensed 46 percent of the required number of new non-relative (foster) homes in 2025."
Endangered Mexican long-nosed bat found farther north than ever before – Cathy Cook, Albuquerque Journal
An endangered bat species has traveled farther north in New Mexico than previously known, scientists confirmed by testing agaves and hummingbird feeders for bat DNA.
“Having (environmental DNA) as a tool is invaluable to our understanding of this endangered species and will help us better conserve the species and its habitat,” Rachel Burke, Bat Conservation International’s agave restoration coordinator, said in a statement.
The Mexican long-nosed bat — also called the greater long-nosed bat — migrates based on the flowering of agave plants. In late summer and early fall, the bats come to New Mexico where they can drink sweet agave nectar. When winter comes, the bats travel south to Mexico, where agave is still blooming.
For many years, the bats have been living seasonally in New Mexico’s bootheel, but scientists with Bat Conservation International, the New Mexico Department of Game and Fish and the U.S. Forest Service confirmed the bats have traveled farther north into the Gila National Forest and Double E Wildlife Management Area.
Researchers confirmed the bat species has traveled 100 miles north of the Mexican long-nosed bat roost site in Hidalgo County. The extended range could be a reflection of warming temperatures affecting agave plants farther south.
“We're seeing areas like the Gila region further north that are getting a bit more rain, they're a bit wetter, and they're a bit more resilient to this ongoing drought in the region,” said Kristen Lear, Agave Restoration Initiative director at Bat Conservation International. “So agaves are doing better there, and these bats are moving into those areas looking for food to help sustain their migration.”
People living near the Gila in communities like Silver City had been seeing lesser long-nosed bats, another nectar-drinking bat species that lives in New Mexico, drinking from their hummingbird feeders at night. Researchers wondered if some of the bats being observed were actually the endangered Mexican long-nosed bat, Lear said. The species is bigger than the lesser long-nosed bat and has some small differences like fur on its tail membrane.
Instead of trying to capture bats, the researchers chose a non-invasive approach: environmental DNA. When bats feed, they lap up nectar, leaving some spit behind. That bat DNA can last a couple of days. Researchers used polyester swabs to collect bat DNA from hummingbird feeders and agave plants. In New Mexico, Mexican long-nosed bats usually feed from Palmer’s agave, but researchers also swabbed Parry’s agave to see if the bats were using those plants as well, Lear said.
The swabs were sent to the Bat Ecology and Genetics Lab at Northern Arizona University and tested to see if there was DNA from one of the three nectar bat species in the U.S. To test a sample for all three species costs approximately $100, but collecting the swabs takes much less time, permitting and training than traditional mist netting to catch bats.
The swabs were taken in 2024, and the Mexican long-nosed bat’s northerly visits were confirmed in early 2026.
The New Mexico Department of Game and Fish’s Share with Wildlife program and the Land of Enchantment fund will provide approximately $100,000 over two years to continue the nectar bat surveys on the Double E Wildlife Management Area and agave planting on the Wildlife Management Area and surrounding Forest Service land. Some of those funds have already gone to support eDNA sampling.
The Bat Conservation Initiative will keep doing surveys across an even broader ranger, farther north and west into Arizona, Lear said.
Bat Conservation International is also working on restoring native agave populations across the Southwest and Mexico, the bat’s entire migratory range. That includes boosting agave populations in the Gila area, Lear said.
“The drought is impacting a lot of the core area of these bats, so they're having to spread out further to find healthy resources,” Lear said. “A lot of those healthy, agave resources are in these more northern areas or at higher altitude and elevation, so those areas are going to become more important as things get hotter and drier.”