SB 279 — GAS-OPERATED SEMIAUTO FIREARMS EXCLUSION ACT

ie a en rb 2024 (c) is a muzzleloading rifle or au t[ m m 21 smoothbore shoulder-fired firearm;

d.231722.1 r- e9 22- SJC/SB 279 (d) uses a bolt action, lever action or c e s k 23 pump action to cycle the action of the rifle;

or e a n b 24 (e) has a fixed magazine with a capacity u [ not to exceed ten rounds of ammunition;

.229814.3GLG - 9 - (3) a shotgun that:

(4) a breech loading firearm capable of e t 17 holding a single cartridge and a single shotgun shell w l n d 18 simultaneously that must be reloaded after firing those rounds = = 19 of ammunition;

or a l i a e r 20 (5) a handgun that:

ea t 17m m 21 (a) is a single-shot handgun;

wd lr ne d22 18 (b) is a breech loading handgun with a =c =e 19s ak l23 capacity not to exceed two rounds of ammunition;

ie a en rb 2024 (c) is a muzzleloading or smoothbore au t[ m m 21 handgun;

d.231722.1 r- e10 22- SJC/SB 279 (d) uses a bolt action to cycle the c e s k 23 action of the handgun;

e a n b 24 (e) is a single- or double-action u [ revolver;

.229814.3GLG - 10 - (f) is a single- or double-action semiautomatic handgun that uses recoil to cycle the action of the handgun;

or (g) hasis a fixedsingle- magazineor withdouble-action asemiautomatic capacityhandgun notunder eight inches in overall length that uses blowback to exceedcycle tenthe roundsaction of ammunition."the SECTIONhandgun; 4.

or (h) has a fixed magazine with a capacity not to exceed ten rounds of ammunition." SECTION 4.

"[NEW MATERIAL] PROHIBITING LARGE-CAPACITY AMMUNITION FEEDING DEVICES.-- e t 17 A.

Except as provided in Subsections B and C of w l n d 18 this section and Section 8 of the Gas-Operated Semiautomatic = = 19 Firearms Exclusion Act, on or after July 1, 2025, it is a l i a e r 20 unlawful for a person to:

a t m m 21 (1) import, sell, manufacture, transfer or d r e 22 receive a large-capacity ammunition feeding device;

or c e s k 23 (2) possess a large-capacity ammunition e ta 17n b 24 feeding device manufactured after July 1, 2025.

wu l[ n d 18 B.

Subsection A of this section does not apply to =.231722.1 =- 1911 a- lSJC/SB 279 the transfer of a large capacity ammunition feeding device to a i a e r 20 person residing in another state or maintaining it in another a t m m 21 state or to a licensed firearms dealer.

d r e 22 C.

c e s k 23 (1) the importation or manufacture by or for, e a n b 24 sale or transfer to or possession by or under the authority of u [ the United States or any department or agency thereof or a .229814.3GLG - 11 - state or an Indian nation, tribe or pueblo or a department, an agency or a political subdivision thereof;

or (2) the importation or manufacture for, sale or transfer to or possession by a licensee under Title 1 of the federal Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical security protection system and security organization required by federal law or the transfer to or possession by a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee- e t 17 authorized training or transportation of nuclear materials.

w l n d 18 D.

A person in possession of a large-capacity = = 19 ammunition feeding device:

a l i a e r 20 (1) shall mark the large-capacity ammunition a t m m 21 feeding device imported or manufactured under Subsection C of d r e 22 this section after January 1, 2026 in the manner prescribed by c e s k 23 the attorney general before a transfer;

and e ta 17n b 24 (2) shall not obliterate or otherwise alter wu l[ n d 18 the serial number on the large-capacity ammunition feeding =.231722.1 =- 1912 a- lSJC/SB device."279 idevice." a e r 20 SECTION 5.

A new section of Chapter 30, Article 7 NMSA a t m m 21 1978 is enacted to read:

d r e 22 "[NEW MATERIAL] PROHIBITING MACHINE GUNS AND RAPID FIRE c e s k 23 DEVICES.-- e a n b 24 A.

Beginning July 1, 2025, and except as provided u [ in Subsection B of this section, it is unlawful for a person to .229814.3GLG - 12 - import, sell, manufacture, transfer, receive or possess a machine gun or rapid fire device.

(2) the importation or manufacture for, sale e t 17 or transfer to or possession by a licensee under Title 1 of the w l n d 18 federal Atomic Energy Act of 1954 for purposes of establishing = = 19 and maintaining an on-site physical security protection system a l i a e r 20 and security organization required by federal law, or the a t m m 21 transfer to or possession by a contractor of such a licensee d r e 22 on-site for such purposes or off-site for purposes of licensee- c e s k 23 authorized training or transportation of nuclear materials;

and e ta 17n b 24 (3) machine guns and rapid fire devices wu l[ n d 18 lawfully registered with the United States bureau of alcohol, =.231722.1 =- 1913 a- lSJC/SB 279 tobacco, firearms and explosives pursuant to the National i a e r 20 Firearms Act.

a t m m 21 C.

Whoever violates this section is guilty of a d r e 22 fourth degree felony." c e s k 23 SECTION 6.

A new section of Chapter 30, Article 7 NMSA e a n b 24 1978 is enacted to read:

u [ "[NEW MATERIAL] LIST OF REGULATED WEAPONS.-- .229814.3GLG - 13 - A.

(1) require that each licensed firearms dealer e t 17 record purchaser acknowledgment of the list published under w l n d 18 Subsection A of this section before any sale of a firearm that = = 19 is not prohibited under that list;

a l i a e r 20 (2) before removing a gas-operated a t m m 21 semiautomatic firearm from the list required under Subsection A d r e 22 of this section, submit to the attorney general clear and c e s k 23 convincing evidence that the firearm should be removed from the e ta 17n b 24 list;

and wu l[ n d 18 (3) advise the attorney general on carrying =.231722.1 =- 1914 a- lSJC/SB 279 out the authority described in Subsection A of this section.

i a e r 20 C.

The attorney general may request any additional a t m m 21 information from the manufacturer necessary to make the d r e 22 determination under Subsection A of this section.

c e s k 23 D.

No later than December 1, 2025, the attorney e a n b 24 general, in consultation with the department of public safety, u [ shall publish on the attorney general's website the manner in .229814.3GLG - 14 - which a large-capacity ammunition feeding device shall be marked pursuant to Subsection D of Section 4 of the Gas- Operated Semiautomatic Firearms Exclusion Act and the manner in which gas-operated semiautomatic firearms shall be marked pursuant to Subsection E of Section 3 of that act." SECTION 7.

No later than October 1, 2025, the attorney e t 17 general, in consultation with the department of public safety, w l n d 18 shall develop and make available a system for certifying gas- = = 19 operated semiautomatic firearms.

The system shall require a l i a e r 20 owners of gas-operated semiautomatic firearms to:

a t m m 21 (1) complete a certification form;

and d r e 22 (2) if prior to January 1, 2026, submit that c e s k 23 form to a licensed firearm dealer located in the state of New e ta 17n b 24 Mexico or to the attorney general;

or wu l[ n d 18 (3) if after January 1, 2026, submit that form =.231722.1 =- 1915 a- lSJC/SB 279 to the attorney general.

i a e r 20 B.

The attorney general, in consultation with the a t m m 21 department of public safety, shall promulgate rules that govern d r e 22 the certification form and the submission process to both c e s k 23 licensed firearm dealers and to the attorney general.

The e a n b 24 rules for submission of the certification form to a licensed u [ firearm dealer shall include that:

.229814.3GLG - 15 - (1) there are two copies of the certification form:

(2) the copies of the certification form shall be completed in part by a licensed firearm dealer who has personally observed the serial number on the gas-operated e t 17 semiautomatic firearm and photo identification of the owner of w l n d 18 the gas-operated semiautomatic firearm;

= = 19 (3) the owner of the gas-operated a l i a e r 20 semiautomatic firearm shall have the owner's copy of the form a t m m 21 notarized within two business days of the licensed firearm d r e 22 dealer completing its portion of the form and before January 1, c e s k 23 2026;

e ta 17n b 24 (4) the owner of the gas-operated wu l[ n d 18 semiautomatic firearm shall carry the owner's copy of the =.231722.1 =- 1916 a- lSJC/SB 279 certification form on the owner's person at all times while i a e r 20 possessing a gas-operated semiautomatic firearm outside private a t m m 21 property owned or immediately controlled by the person.

The d r e 22 owner of the gas-operated firearm shall show the form to any c e s k 23 law enforcement officer upon an officer's request;

and e a n b 24 (5) licensed firearm dealers shall make u [ certification forms available to law enforcement for inspection .229814.3GLG - 16 - upon request.

(1) an affirmation that the person possessed the semiautomatic firearm pursuant to Sections 3 and 8 of the Gas-Operated Semiautomatic Firearms Exclusion Act prior to January 1, 2026, received a timely certified firearm from an immediate family member or moved into the state in possession e t 17 of the firearm within sixty days prior;

w l n d 18 (2) as applicable, the make, model, caliber = = 19 and serial number of the firearm;

a l i a e r 20 (3) the person's name, address, telephone a t m m 21 number and date of birth;

and d r e 22 (4) as applicable, the name, address, phone c e s k 23 number and unique identifying number of the licensed firearm e ta 17n b 24 dealer that prepared and is maintaining a copy of the wu l[ n d 18 certification form.

=.231722.1 =- 1917 a- lSJC/SB 279 D.

Information contained in the certification shall i a e r 20 be confidential, is exempt from disclosure pursuant to the a t m m 21 Inspection of Public Records Act and shall not be disclosed, d r e 22 except to law enforcement agencies acting in the performance of c e s k 23 the law enforcement agencies' duties.

e a n b 24 E.

The certification form shall include the u [ following statement printed in bold type:

Entering .229814.3GLG - 17 - false information on this form is punishable as perjury pursuant to Section 30-25-1 NMSA 1978.".

e t 17 "[NEW MATERIAL] NONRESIDENTS.-- w l n d 18 A.

A nonresident may transport, within twenty-four = = 19 hours, a firearm, device or combination of parts described in a l i a e r 20 Paragraphs (1) through (5) of Subsection A of Section 3 of the a t m m 21 Gas-Operated Semiautomatic Firearms Exclusion Act or a large- d r e 22 capacity ammunition feeding device manufactured after July 1, c e s k 23 2025 for a lawful purpose from a place where the nonresident e ta 17n b 24 may lawfully possess the gas-operated semiautomatic firearm, wu l[ n d 18 device or combination of parts to another place where the =.231722.1 =- 1918 a- lSJC/SB 279 nonresident may lawfully possess the gas-operated semiautomatic i a e r 20 firearm, device or combination of parts if, during the a t m m 21 transportation, the gas-operated semiautomatic firearm, device d r e 22 or combination of parts is unloaded and is not readily c e s k 23 accessible or directly accessible from the passenger e a n b 24 compartment of the transporting vehicle.

In the case of a u [ vehicle without a compartment separate from the driver's .229814.3GLG - 18 - compartment, the gas-operated semiautomatic firearm, device or combination of parts shall be contained in a locked container other than the glove compartment or console.

A nonresident who moves into the state in possession of a firearm, device or combination of parts described in Paragraphs (1) through (5) of Subsection A of Section 3 of the Gas-Operated Semiautomatic Firearms Exclusion Act shall, within sixty days, complete and submit a certification in accordance with the process established by the e t 17 attorney general pursuant to Section 7 of that act.

Once a w l n d 18 gas-operated semiautomatic firearm is certified under this = = 19 section, the lawful owner may use and transfer such firearms as a l i a e r 20 allowed under Subsections C and D of Section 3 of that act." a t m m 21 SECTION 9.

A new section of Chapter 30, Article 7 NMSA d r e 22 1978 is enacted to read:

c e s k 23 "[NEW MATERIAL] PENALTIES.-- e a n b 24 A.

Unless specified otherwise in the Gas-Operated u [ Semiautomatic Firearms Exclusion Act, whoever violates a .231722.1 - 19 - SJC/SB 279 provision of that act is guilty of a misdemeanor.

B.

Whoever commits or attempts to commit a felony offense while in possession of a gas-operated semiautomatic firearm or large-capacity ammunition feeding device in violation of the Gas-Operated Semiautomatic Firearms Exclusion Act is guilty of a fourth degree felony." SECTION 10.

"[NEW MATERIAL] PENALTIES.--SEVERABILITY.--If any part or application of the Gas-Operated Semiautomatic Firearms Exclusion Act is held invalid, the remainder or its application to other situations or persons shall not be affected." - 20 - 15 e t 17 A.w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .231722.1

Unless specified otherwise in the Gas-Operated w l n d 18 Semiautomatic Firearms Exclusion Act, whoever violates a = = 19 a l provision of that act is guilty of a misdemeanor.

i a e r 20 B.

Whoever commits or attempts to commit a felony a t m m 21 offense while in possession of a gas-operated semiautomatic d r e 22 firearm or large-capacity ammunition feeding device in c e s k 23 violation of the Gas-Operated Semiautomatic Firearms Exclusion e a n b 24 Act is guilty of a fourth degree felony." u [ SECTION 10.

A new section of Chapter 30, Article 7 NMSA .229814.3GLG - 19 - 1978 is enacted to read:

"[NEW MATERIAL] SEVERABILITY.--If any part or application of the Gas-Operated Semiautomatic Firearms Exclusion Act is held invalid, the remainder or its application to other situations or persons shall not be affected." - 20 - 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229814.3GLG