SB 17 — STOP ILLEGAL GUN TRADE ACT
Last action — action postponed indefinitely
-
✓Introduced
-
✓In Committee
-
3Passed Senate
-
4Passed House
-
5To Executive
-
6Enacted
This bill has passed the Senate. Introduced January 22, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Passed Senate
Current position in the legislative process.
-
5 sponsors
5 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (3 D).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
361 added · 303 removedPlain-language change summary
The recent amendments to Bill SB 17 made some specific changes to definitions related to firearms and added language about rules for firearm security. Key elements included clarifying the definition of "antique firearm" and providing a more detailed description of firearm mechanisms. These changes matter because they help establish clearer regulations and definitions that can impact how laws are enforced and understood, particularly in relation to firearm sales and safety measures. This can ultimately enhance public safety and accountability in managing firearms.
SENATE BILLJUDICIARY 17COMMITTEE 57THSUBSTITUTE LEGISLATURE-FOR STATESENATE OFBILL NEW17 MEXICO57TH -LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION,SESSION , 2026 INTRODUCED4 BY6 Micaelita Debbie O’Malley and Andrea Romero and Heather Berghmans and Charlotte Little and Patricia Roybal Caballero 8 10 AN ACT RELATING TO FIREARMS;
e a n b 24 "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the u [ "Stop Illegal Gun Trade and Extremely Dangerous Weapons Act"." .232564.5.233698.5 SJC/SB 17 SECTION 2.
= = 19 a l C.
"antique firearm" has the meaning given to it in a l i a e r 20 18 U.S.C.
.232564.5.233698.5 - 2 - SJC/SB 17 F.
w l n d 18 (2) a short-stroke piston, in which gas is = = 19 a l vented from the barrel to a piston that moves separately from a l i a e r 20 the bolt group so that the energy is imparted through a gas a t m m 21 piston to extract the fired cartridge case and chamber the next d r e 22 cartridge;
c e s k 23 (3) a system that traps and vents gas from e a n b 24 either the barrel or the chamber to directly strike or impinge u [ the bolt, bolt carrier or slide assembly to extract the fired .232564.5.233698.5 - 3 - SJC/SB 17 cartridge case and chamber the next cartridge;
= = 19 a l L.
"law enforcement officer" means a public a l i a e r 20 official or public officer vested by law with a duty to a t m m 21 maintain public order or to make arrests;
"machine gun" has the same meaning as set forth c e s k 23 in Section 5845(b) of the federal National Firearms Act and e a n b 24 includes a semiautomatic firearm that has been modified in any u [ way that approximates the action or rate of fire of a machine .232564.5.233698.5 - 4 - SJC/SB 17 gun;
"Straw purchase" e t 17 does not include a bona fide gift to a person who is not w l n d 18 prohibited from possessing or receiving a firearm or = = 19 a l ammunition;
and a l i a e r 20 Q.
e a n b 24 "[NEW MATERIAL] REQUIRING DEALER SECURITY MEASURES TO u [ PREVENT THEFT AND LOSS OF FIREARMS.-- .232564.5.233698.5 - 5 - SJC/SB 17 A.
No later than July 1, 2026, the department, in collaborationconsultation with the attorney general, shall promulgate rules governing the physical security of dealer premises and inventory.
e t 17 (3) installation and use of video surveillance w l n d 18 systems, including video recording devices at each point of = = 19 a l sale and each entrance and exit to the premises, which shall be a l i a e r 20 recorded from both the indoor and outdoor vantage point, and a t m m 21 the dealer shall maintain such recordings for a period of not d r e 22 less than two years;
and c e s k 23 (4) other reasonable requirements, as e a n b 24 determined by the departmentdepartment, and the attorney general, to u [ reduce the risk of burglaries u [ at dealers' premises and the .232564.5 - 6 - theft of firearms in shipment to .233698.5 - 6 - SJC/SB 17 and from dealers' premises.
The department shall specify in rules which, if any, of the security measures identified in Subsection A of this section apply to gun shows."shows, home-based dealers or dealers that sell fewer than ten firearms annually." SECTION 4.
A dealer shall not employ a person to handle, sell or deliver firearms unless the person is at least twenty- one years of age and is not prohibited from possessing a firearm under state, municipal, tribal or federal law.
The rules shall direct dealers to use the national instant criminal background e t 17 check system to determine eligibility for current eand tw 17l andn d 18 prospective dealer employees only if the use of the wnational l= n= d19 18 national instant criminal background check system is permitted =by =a 19l i a le byr 20 federal regulations.
i a et rm 20m 21 B.
A dealer shall complete the training developed ad tr me m22 21 by the department pursuant to Subsection C of this section and dc r e 22s k 23 shall provide the training to all new employees within thirty c e sa kn 23b 24 days of employment and to all employees annually thereafter.
eu a[ n b 24 Beginning December 1, 2026, no employee of any dealer shall u.233698.5 [- 7 - SJC/SB 17 participate in the sale or disposition of firearms unless that .232564.5 - 7 - person has first received the training required by this section.
e t 17 (4) how to prevent, respond to and report ew tl 17n d 18 theft or burglary of firearms and ammunition;
w= l= n19 d 18 (5) how to educate customers on gun safety =a =l 19i a le r 20 practices, including the safe handling and storage of firearms i a et rm 20m 21 and ammunition;
and ad tr me m22 21 (6) other topics the department deems dc r e 22s k 23 necessary and appropriate." c e sa kn 23b 24 SECTION 5.
A new section of Chapter 30, Article 7 NMSA eu a[ n b 24 1978 is enacted to read:
u.233698.5 [- 8 - SJC/SB 17 "[NEW MATERIAL] REQUIRING DEALER MAINTENANCE OF RECORDS.-- .232564.5 - 8 - A.
The records shall be maintained securely to prevent loss of the recordsrecords. due to fire, theft or flood.
(2) retain all federal bureau of alcohol, tobacco, firearms and explosives form 4473 records on the e t 17 dealer's premises for as long as the dealer's business is in w l n d 18 operation.operation in a manner consistent with Paragraph (1) of this = = 19 subsection;
Thea recordsl shalli bea storede r 20 (3) account for all firearms acquired but not a t m m 21 yet disposed of in a securemonthly containerinventory =check, =which 19shall be d r e 22 maintained in a lmanner designedconsistent towith preventParagraph loss(1) byof fire,this theftc ore flood;s k 23 subsection;
ie a en rb 2024 (3)(4) accountmaintain forrecords of all criminal traces u [ initiated by the federal bureau of alcohol, tobacco, firearms acquired.233698.5 but- not9 a- tSJC/SB m17 mand 21explosives, yetand disposedthe ofdealer's inresponse ato monthlythe inventoryfederal check,bureau whichof shallalcohol, betobacco, dfirearms rand eexplosives, 22for maintainedsix years in a securemanner location;consistent with Paragraph (1) of this subsection;
c(5) emaintain sand kmake 23available (4)to maintainlaw recordsenforcement agencies in the course of allreasonable inquiry related to a criminal tracesinvestigation eor prosecution of a nperson bother 24than initiatedthe bydealer firearm disposition information, including the federalserial bureaunumbers of alcohol,firearms tobacco,sold, firearmsdates uof [sale and explosivesidentities forof sixpurchasers, years;during regular and usual business hours;
.232564.5and -(6) 9permit -a (5)law maintainenforcement andofficer makein availablethe atcourse anyof timereasonable toinquiry lawrelated enforcementto agenciesa andcriminal toinvestigation theor manufacturerprosecution of a firearmperson orother than the manufacturer'sdealer designeeto firearminspect dispositionthe information,records includingrequired theto serialbe numbersmaintained ofpursuant firearmsto sold,this datessection ofduring saleregular and identitiesusual ofbusiness purchasers;hours.
and (6) permit any law enforcement officer to inspect the records required to be maintained pursuant to this section during business hours.
InformationNames, contact information and protected e t 17 personal identifier information of transferees contained in the w l n d 18 records required pursuant to this section shall be = = 19 confidential, is exempt from the Inspection of Public Records a l i a e r 20 Act and shall not be disclosed except to a law enforcement a t m m 21 agency acting in the performance of the law enforcement d r e 22 agency's duties.
c e s k 23 C.
If a dealer discontinues business operations and e a n b 24 is succeeded by a new dealer in the state, a copy of the u [ records required to be kept pursuant to this section shall be delivered.233698.5 to- the10 e- tSJC/SB 17 delivered to the successor dealer.
Where discontinuance of the business is wabsolute, la ncopy dof 18 absolute, the records shall be delivered, in a format to be = = 19 a l prescribed by the department, to the department within thirty i a e r 20 days after the business discontinuance.
The department shall aretain tthe mrecords mfor 21a permanentlyperiod retainprescribed by the records."department." d r e 22 SECTION 6.
A new section of Chapter 30, Article 7 NMSA c e s k 23 1978 is enacted to read:
Show all 96 changed lines (56 more)
e a n b 24 "[NEW MATERIAL] REQUIRING DEALER REPORTING OF CRIME GUN u [ TRACES, MULTIPLE FIREARM SALES, THEFTS AND LOSSES.-- .232564.5 - 10 - A.
AIf a dealer shallsells report transactions involving more than one firearm to the same unlicensed customer within a period of five business daysdays, the dealer shall report the sales to the department within twenty-four hours of the last sale in a manner prescribed by the department.
A dealer shall report thefts and losses of e t 17 firearms within forty-eight hours of discovery of the theft or w l n d 18 loss to the department in a manner prescribed by the = = 19 department.
a l i a e r 20 C.
A dealer shall promptly respond to a request from a law a t m m 21 enforcement agency or officer, including trace requests and d r e 22 requests for documents and records, within twenty-four hours afterof learningc ofe s k 23 receiving the request.request in a manner prescribed by the department.
e a n b 24 D.
A dealer shall provide quarterly reporting to u [ the department and the attorney general, in a format to be prescribed.233698.5 by- the11 department- andSJC/SB the17 attorneyprescribed generalby the department no later than June 1, 2026, concerning trace requests, including at a minimum:minimum the total number of trace requests received, including the make and model of the firearm and date of sale.
(1)E. the total number of trace requests e t 17 received, including the make and model of the firearm and date w l n d 18 of sale;
andWhenever = = 19 a ldealer (2)located whetherin the dealerstate wasis inspected by the i a e r 20 federal bureau of alcohol, tobacco, firearms and explosivesexplosives, athe tdealer mshall mnotify 21the withindepartment of the pastinspection tenno yearslater andthan copiestwenty-four ofhours anyafter reportscompletion of dthe rinspection eand 22shall send to the department a copy of any reports of violations or letters received from the federal bureau of calcohol, etobacco, sfirearms kand 23explosives alcohol,no tobacco,later firearmsthan andtwenty-four explosives.hours after receiving the reports or letters, which shall be permanently retained by the department in a format to be determined by the department.
e a n b 24 E.
Whenever a dealer or manufacturer located in the u [ state is inspected by the federal bureau of alcohol, tobacco, .232564.5 - 11 - firearms and explosives, the dealer or manufacturer shall notify the department of the inspection no later than twenty- four hours after completion of the inspection and shall send to the department a copy of any reports of violations or letters received from the federal bureau of alcohol, tobacco, firearms and explosives no later than twenty-four hours after receiving the reports or letters, which shall be permanently retained by the department in a format to be determined by the department.
A dealer shall, no later than March 31 of each calendar year, provide an annual report to the department, in a e t 17 form specified by the department, containing the following w l n d 18 information for January 1 to December 31 of the preceding = = 19 calendar year:
a l i a e r 20 (1) the number of firearms sold or a t m m 21 transferred, listed by make and model of the firearm;
d r e 22 (2) the number of approved federal bureau of c e ts 17k 23 alcohol, tobacco, firearms and explosives forms 4473 completed;
we la n db 1824 and =u =[ 19 a l (3) any other information required by the i.233698.5 a- e12 r- 20SJC/SB department."17 adepartment." t m m 21 SECTION 7.
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] PROHIBITING THE SALE OF EXTREMELY e a n b 24 DANGEROUS WEAPONS.-- u [ A.
Beginning on July 1, 2026, a dealer shall not .232564.5 - 12 - sell or transfer any of the following firearms, ammunition or devicesdevices, tonor shall a persondealer whoprocess isa notbackground licensedcheck pursuant to 18Section U.S.C.30-7-7.1 NMSA 1978 for the transfer of any of the following firearms, ammunition and devices between parties:
Section 923, nor shall a dealer process a background check pursuant to Section 30-7-7.1 NMSA 1978 for the transfer of any of the following firearms, ammunition and devices between parties that are not licensed pursuant to 18 U.S.C.
Section 923:
e t 17 (5) a gas-operated semiautomatic firearm with w l n d 18 a fixed magazine that holds more than ten rounds of ammunition;
= = 19 or a l i a e tr 1720 (6) a machine gun.
wa lt nm dm 1821 B.
The provisions of Subsection A of this section =d =r 19e a22 l do not apply to the sale of:
ic a e rs 20k 23 (1) a firearm designed to accept, and capable e a tn mb m24 21 of operating only with, .22 or less caliber rimfire ammunition;
du r[ e 22 (2) an antique firearm;
or c.233698.5 e- s13 k- 23SJC/SB 17 (3) a firearm that:
e a n b 24 (a) is a single-shot rifle, shotgun or u [ handgun;
.232564.5 - 13 - (b) is a breech-loading rifle, shotgun or handgun with a capacity not to exceed two rounds of ammunition;
or (g) has a fixed magazine with a capacity e t 17 not to exceed ten rounds of ammunition.
w l n d 18 C.
The provisions of Subsection A of this section = = 19 do not apply to the sale or transfer of a firearm or device to:
a l i a e tr 1720 (1) a law enforcement agency in the state, the wa lt nm dm 1821 United States armed forces, the New Mexico national guard or =d =r 19e a22 l the New Mexico state defense force;
ic a e rs 20k 23 (2) an Indian nation, tribe or pueblo or an e a tn mb m24 21 agency or political subdivision thereof;
du r[ e 22 (3) a licensee under Title 1 of the federal c.233698.5 e- s14 k- 23SJC/SB 17 Atomic Energy Act of 1954 or its contractor for purposes of e a n b 24 establishing and maintaining an on-site physical security u [ protection system and security organization required by federal .232564.5 - 14 - law or the transfer to a site;
The department shall promulgate rules requiring periodic inspections of a dealer and the dealer's premises, at e t 17 least once every three years, during regular and usual business w l n d 18 hours, by the department to determine compliance with the = = 19 provisions of the Stop Illegal Gun Trade and Extremely a l i a e tr 1720 Dangerous Weapons Act.Act, including rules limiting the discretion a t m m 21 of the department to conduct unannounced inspections.
A dealer d r e 22 shall provide the department wwith laccess nto dthe 18dealer's withc fulle accesss k 23 business premises to the dealer'sextent premisesnecessary to inspect for inspections.e a n b 24 compliance with the provisions of the Stop Illegal Gun Trade u [ and Extremely Dangerous Weapons Act.
=.233698.5 =- 1915 a- lSJC/SB 17 C.
The department shall prepare an annual report i a e r 20 providing information on the number of dealers inspected a t m m 21 annually, the number of dealers found to be in compliance with d r e 22 the requirements of the Stop Illegal Gun Trade and Extremely c e s k 23 Dangerous Weapons Act, the number of dealers found to have e a n b 24 failed to comply with the requirements of that act, the number u [ of trace requests submitted to dealers, the number of firearms .232564.5 - 15 - recovered from crime scenes or criminal investigations in New Mexico that were sold by dealers and other information that the department deems necessary and appropriate.
A dealer that knowingly falsifies information or contents in the compliance report required by this section is guilty of a misdemeanor." e t 17 SECTION 9.
A new section of Chapter 30, Article 7 NMSA w l n d 18 1978 is enacted to read:
= = 19 "[NEW MATERIAL] REQUIRING DEALERS TO POST LEGAL AND SAFETY a l i a e r 20 NOTICES TO FIREARM PURCHASERS.-- a t m m 21 A.
A retail firearm dealer shall conspicuously post d r e 22 at each point of purchase where firearms may be purchased a c e s k 23 sign, in a format to be prescribed by the department, with the e ta 17n b 24 following notices:
wu l[ n d 18 (1) "Failure to securely store a firearm may =.233698.5 =- 1916 a- lSJC/SB 17 result in criminal penalties if a child gains access to the i a e r 20 firearm, pursuant to Section 30-7-4.1 NMSA 1978.
Keep firearms a t m m 21 and ammunition separate and locked up.
Use tamper-resistant d r e 22 trigger locks, lockboxes or safes.";
c e s k 23 (2) "Most firearm sales in New Mexico, e a n b 24 including those between private parties, require a background u [ check.
Consult Section 30-7-7.1 NMSA 1978 before selling or .232564.5 - 16 - buying any firearm.";
and (4) "If you or a loved one is experiencing distress or depression or is contemplating suicide, please call the National Suicide Prevention Lifeline at 1-800-273-TALK e t 17 (8255).".
w l n d 18 B.
The signs required pursuant to this section = = 19 shall be posted at all entrances of a gun show." a l i a e r 20 SECTION 10.
A new section of Chapter 30, Article 7 NMSA a t m m 21 1978 is enacted to read:
"[NEWd MATERIAL]r PENALTIES.--Unlesse otherwise22 specified,"[NEW aMATERIAL] PENALTIES.--A person who violates a c e s k 23 provision of Section 7 of the Stop e t 17 Illegal Gun Trade and Extremelye Dangerousa Weapons Act or the w l n db 1824 rulesExtremely promulgatedDangerous pursuantWeapons toAct that act is guilty of a = = 19 a l misdemeanor.
u [ Unless otherwise specified, a person who violates i a eprovision r.233698.5 20- a17 provision- SJC/SB 17 of Section 3, 4, 5, 6, 8 or 9 of the Stop Illegal a t m m 21 Gun Trade and Extremely Dangerous Weapons Act or the rules d r e 22 promulgated pursuant to thatthose actsections shall be subject to a civil c e s k 23 penalty of two hundred dollars ($200) for a first violation and e a n b 24 a civil penalty of up to one thousand dollars ($1,000) for each u [ subsequent violation." .232564.5SECTION -11. 17 -
SEVERABILITY.--If any part or application of the Stop Illegal Gun Trade and Extremely Dangerous Weapons Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
- 18 - 13 15 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 [ .233698.5
Show all 96 changed rows (56 more)
View plain text versions (2)
- Substitute JU substitute Current pdf
- Introduced introduced version pdf
Action History
-
action postponed indefinitely
-
DO PASS committee report adopted
-
Sent to House Commerce & Economic Development Committee & House Judiciary Committee
-
passed Senate
-
DO NOT PASS, replaced with committee substitute
-
DO PASS committee report adopted
-
germane
-
Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Judiciary Committee
Sponsors
- Patricia Roybal Caballero · Primary
- Charlotte Little · Primary
- Heather Berghmans · Primary
- Micaelita Debbie O'Malley · Primary
- G.A Romero · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 107 not signed on
Sponsors (5)
- Roybal Caballero, Patricia
- Charlotte Little Democrat
- Heather Berghmans Democrat
- Micaelita Debbie O'Malley Democrat
- Romero, G.A
Co-sponsors (0)
None.
Not signed on (107)
107 members have not signed on to this bill.
Show all 107 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 17?
- SB 17 is sponsored by Roybal Caballero, Patricia, Charlotte Little (Democrat), Heather Berghmans (Democrat), Micaelita Debbie O'Malley (Democrat), and Romero, G.A.
- What is the current status of SB 17?
- This bill has passed the Senate. Introduced January 22, 2026. It now moves to the second chamber.
- Where can I track SB 17?
- Track SB 17 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 17
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 17
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →