HB 166 — CREATE NEW FIREARMS CRIMES

HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 166 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED4 BY6 Tara8 L.10 AN ACT RELATING TO CRIME;

Lujan 6 8 10 AN ACT RELATING TO CRIME;

It is an offense for a person to manufacture,manufacture or a t m m 21 cause to be manufactured,manufactured produce or otherwise assemble a d r e 22 firearm unless that person is a federallyd licensedr gun dealer c e s22 kfederally 23licensed orgun manufacturer.

Itc is an offense for a person to possess, e as nk b23 24B. sell, offer to sell, transfer, purchase or receive a firearm u [ manufactured, produced or otherwise assembled by a person who .219131.1GLG is not a federally licensed gun dealer or manufacturer.

B.It is an offense for a person to use a three- e a n b 24 dimensional printer or similar device to manufacture a firearm, u [ firearm frame or receiver or major component of a firearm .219648.2 HCPAC/HB 166 unless that person is a federally licensed gun manufacturer.

It is an offense for a person to use a three-dimensional printer or similar device to manufacture or produce a firearm or firearm component unless that person is a federally licensed gun dealer or manufacturer.

It is an offense for a person to possess, sell, offer to sell, transfer, purchase or receive a firearm manufactured or produced using a three-dimensional printer or similar device by a person who is not a federally licensed gun dealer or manufacturer.

It is an offense for a person to distribute digital instructions in the form of computer-aided design files or other code or instructions stored or displayed in electronic format as a digital model that may be used to program a three-dimensionalthree- dimensional printer to manufacture or produce a firearm, firearm frame or firearmreceiver or other major component of a firearm to a person in New Mexico who is not a federally licensed gun dealer or manufacturer.

e t 17 D.

It is an offense for a person to manufacture, w l n d 18 produce, possess, sell, offer to sell, transfer, purchase or = = 19 a l receive a covert or undetectable firearm.

i a e r 20 E.

It is an offense for a person to manufacture,possess, amanufacture tor m m 21 cause to be manufactured,manufactured produce or otherwise assemble a d r e 22 firearm that lacks a unique serial number engravedengraved, cast or casedstamped in c e s k 23 metal alloy on the frame or receiver by a federally licensed e a n b 24 gun manufacturer or importer who complies with all applicable u [ federal laws for manufacturing e t 17 or importing the firearm.

.219131.1GLGw -l 2n -d 18 F.

It is an offense for a person to possess, = = 19 purchase or otherwise obtain separately or as part of a kit a a l i a e r 20 firearm frame or receiver that is not imprinted with a serial a t m m 21 number registeredor withany combination of parts from which a federallyfirearm licensedwithout gund manufacturerr e 22 a serial number may be readily manufactured, but that does not c e s k 23 have the capacity to function as a firearm unless manufactured e a n b 24 or otherwise assembled, unless that person is a federally u [ licensed gun dealerdealer, importer or manufacturer.

.219648.2 - 2 - HCPAC/HB 166 G.

It is an offense for a person to possess, sell, offer to sell,sell transfer,or purchasetransfer separately or receiveas anypart of a kit a firearm or firearm componentframe or receiver that is not imprinted with a serial number or any combination of parts from which a firearm without a serial number may be readily manufactured, but that does not have the capacity to function as a firearm unless manufactured or producedotherwise inassembled, violationunless ofthat thisperson section.is a federally licensed gun dealer, importer or manufacturer.

The provisions of this subsection do not apply to a firearm that has been rendered permanently inoperable or a firearm manufactured prior to 1968.

A person who violates any of Subsections A through G of this section is guilty of a fourthmisdemeanor degree felony and shall be punished pursuant to the provisions of Subsection A of Section 31-18-1531-19-1 NMSA 1978.

e t 17 I.

Nothing in this section shall be construed to prohibit the manufacture, sale, purchase or assembly of an inoperable firearm or the parts necessary to create an inoperable firearm that is created solely for use as a prop in e t 17 a film production by a digital media company that is engaged in w l n d 18 the business of producing digital media intended for film, = = 19 special effects, holography, computer vision, virtual reality, a l i a e r 20 television and online web-based production.

a t m m 21 J.

The provisions of this section do not apply to a d r e 22 firearm that has been rendered permanently inoperable or a c e s k 23 firearm manufactured prior to 1968 or any antique firearm, as e a n b 24 defined in 18 U.S.C.

921.

u [ K.

w.219648.2 l- n3 d- 18HCPAC/HB 166 (1) "covert firearm" means a firearm = = 19 a l constructed in a shape or configuration that does not resemble i a e r 20 a handgun, rifle, shotgun or machine gun, including a firearm a t m m 21 that resembles a key chain, pen, cigarette lighter, cigarette d r e 22 package, cell phone, smart phone, wallet or cane;

c e s k 23 (2) "distribute" means to sell, give or e a n b 24 otherwise provide or make available via the internet or by any u [ other means and includes an agreement or attempt to distribute;

.219131.1GLG - 3 - (3) "firearm""federally meanslicensed anygun weapondealer, thatmanufacturer will or isimporter" designedmeans toa orperson maylicensed readilypursuant be converted to expel18 aU.S.C. projectile by the action of an explosion or the frame or receiver of any such weapon;

(4)923; "major component" means the slide, cylinder, frame or receiver of a firearm and, in the case of a rifle or shotgun, the barrel;

(5)(4) "security"firearm" exemplar" means aany securityweapon exemplarthat fabricatedwill inor accordanceis withdesigned subparagraphto (C)or ofmay paragraphreadily (2)be converted to expel a projectile by the action of subsectionan (p)explosion or the frame or receiver of 18any U.S.C.such weapon;

(5) "firearm frame or receiver" means the part e t 17 of a firearm that provides housing for the firearm's internal w l n d 18 components, such as the hammer, bolt or breechblock, action and = = 19 firing mechanism, and includes without limitation any object or a l i a e r 20 part that is not a firearm frame or receiver in finished form a t m m 21 but is designed or intended to be used for that purpose and d r e 22 that may readily be made into a firearm frame or receiver c e s k 23 through milling or other means;

e a n b 24 (6) "major component" means the slide, u [ cylinder, frame or receiver of a firearm and, in the case of a .219648.2 - 4 - HCPAC/HB 166 rifle or shotgun, the barrel;

(7) "manufacture" means the fabrication of a firearm or a firearm part or the fitting together of component parts to construct a firearm.

"Manufacture" does not include repair of existing firearms;

(8) "security exemplar" means a security exemplar fabricated in accordance with subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C.

(6)(9) "three-dimensional printer" means a computer or computer-driven machine or device capable of producing a three-dimensional object from a digital model;

and (7)(10) "undetectable firearm" means a firearm that:

(a) after removal of all parts other e t 17 than major components, is not as detectable as the security w l n d 18 exemplar by walk-through metal detectors calibrated and =e =t 1917 a l operated to detect a security exemplar;

or iw al en rd 2018 (b) includes a major component that, if a= t= m19 m 21 the firearm were subjected to inspection by the types of da rl i a e 22r 20 detection devices commonly used at airports for security ca et sm km 2321 screening, would not generate an image that accurately depicts ed ar ne b22 24 the shape of the component;

but "undetectable firearm" does not uc [e s k 23 mean a firearm subject to the provisions of paragraphs (3) .219131.1GLGe -a 4n -b 24 through (6) of subsection (p) of 18 U.S.C.

922." u [ - 5 - 4.219648.2 6 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 [ .219131.1GLG