HB 8 — BACKGROUND CHECK FOR FIREARM SALES

HOUSE BILL 8 54THTH LEGISLATURE - STATESTATEOFNEWMEXICO- OF NEW MEXICO - FIRST SESSIO,SESSION, 2019 INTRODUCED BY Debra M.

Sariñana and Patricia Roybal Caballero and Joy Garratt and Natalie Figueroa and Brian Egolf 7Pursuant 9to ANHouse ACTRule RELATING24-1, TOthis CRIME;document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

AN ACT RELATING TO CRIME;

14h g o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

t hr g e i k SECTION 1.

A new section of Chapter 30, Article 7 NMSA h r i s 1978 is enacted to read:

eh t, 17t, "[NEW MATERIAL]MATERIAL ] UNLAWFUL SALE OF A FIREARM WITHOUT A we u g e b l ne de 18h BACKGROUND CHECK.-- n d d i = = 19o h A.

Unlawful sale of a firearm without a background a l ] b ,d i a º e r 20 check consists of the sale of a firearm without conducting a ar i = r t me w d m 21a n o federal instant background check Hflº where the sale is made for a d rm e: 22 fee or other consideration.

cb e d s º o t n = .212061.1 s k 23m B.e e a n e d r e l u [ A d a fee or other consideration»Hfl.

TheB. provisions of Subsection A of this section e a n b 24 do not apply to the sale of a firearm:

uThe [provisions (1)of bySubsection orA toof athis personsection whodo holdsnot aapply currentto andthe .212061.1sale validof federala firearmsfirearm: license issued pursuant to 18 U.S.C.

(1) by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C.

or (3) between two law enforcement officers Hflº authorized to carry a firearm and»Hfl certified pursuant to Hflºfederal law or»Hfl the Law Enforcement Training Act andHflºand authorized to carry a firearm.firearm»Hfl.

Hflº (1) "consideration" means anything of value exchanged between the parties to a sale;»Hfl Hflº(1)»Hfl Hflº(2)»Hfl "federal instant background check" means a background check that meets the h requirements of 18 U.S.C.

Section 922(t) and that does not g o t hr indicate that a sale to the person receiving the firearm would g e i k violate 18 U.S.C.

Section 922(n) or h r i s state law;

(2)h , t, e u g Hflº (2)»Hfl Hflº(3)»Hfl "firearm" means any e b l e e h weapon that will or is designed to or may readily be converted n d d i = = o h to expel a projectile by the action of an explosion;

the frame l ] b ,d i a º e r i = r or receiver of any such weapon;

or any firearm muffler or t e w d m a n o firearm silencer;

and e e 17 includes any handgun, rifle or shotgun;shotgun d m :

andb e e n d 18s (3)º "sale"o meanst then sale, delivery or passing = =.212061.1 ls ]k 19m ofe ownership,- possession2 or- controle of a firearmn fore ad feer ore a l ru i[ 20A otherd consideration,Hflº, but does not include temporaryan possessionantique t e a t or control of a firearm providedas todefined a customer by the m m 21 e d r e 22 proprietor of a licensed business in the18 conductU.S.C. of that c e r c 23 business.

eSection 921(16), a npowder-actuated btool 24or D.other device designed to be used for construction purposes, an emergency flare or a firearm in a permanently inoperable condition»Hfl;

Eachand partyHflº(3)»Hfl toHflº(4)»Hfl an"sale" unlawfulmeans salethe insale, violationdelivery ofor upassing [of thisownership, sectionpossession mayor becontrol separatelyof chargeda firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the sameproprietor sale.of a licensed business in the conduct of that business.

.212061.1D. - 2 - E.

Each party to an unlawful sale in violation of this section may be separately charged for the same sale.

E.

h F.

Two or more offenses may be charged in the same u » r complaint, information or indictment and shall be punished as t h g e l i separate offenses.

h r i s G.

Whoever violates the provisions of this section h , e h is guilty of a misdemeanor." t u g e b l e e , gh SECTION 2.

EFFECTIVE DATE.--The effective date of the n d d i = = o h provisions of this act is July 1, 2019.

- 3 - 13 15 e e 17 e e n d 18 = = l ] 19b a,d l r i 20 t e a tº mr m- 213 - e d r e= 22t c e rw cd 23m e a n bo 24d um [: .212061.1

b r e t º o t n = .212061.1 s k m e e a n e d r e l u [ A d