New Mexico Gun Laws: What You Need to Know

New Mexico has taken aim at firearms owners within the state, launching a blitz on the Second Amendment of unprecedented scale. State legislators have proposed ELEVEN bills that seek to erode the rights granted by the US Constitution. Of course, this is not the first time New Mexico has attempted to undermine the rights of American gun owners. In 2023, Governor Michelle Lujan Grisham (D) tried to use emergency powers to implement a sweeping New Mexico gun ban. 

 These new laws would: 
 

• Introduce the longest wait period for firearms purchases in the country (14 days). 
• Expand Red Flag laws in the state. 
• Allow cities and municipalities to make their own, more restrictive, gun laws; complicating compliance for gun owners. 
• Ban many common firearms including, AR15s, AKs, and many other gas-operated firearms such as handguns and shotguns. 
• Expand gun-free zones to include public parks (yes, the public parks your taxes pay for). 
• Implement magazine bans and 10-round restrictions. 
• Increase the purchase age for firearms to 21. 
• Create an office for “Gun Violence Prevention,” which would increase taxes and further diminish gun rights in New Mexico. 
• Institute an 11% excise tax on firearms, accessories, ammunition, suppressors, and more. 

Special thanks to NEW MEXICO FIREARMS INDUSTRY ASSOCIATION (NMFIA), for keeping a close eye on these bills. Please consider contacting NMFIA and offering your support as they lead the charge on protecting lawful firearms dealers in New Mexico. 

This bill, introduced by Rep. Christine Chandler (D), would allow the state attorney general or district attorneys to sue members of the firearms industry for alleged violations of the newly devised Firearms Industry Accountability Act. It significantly increases the liability exposure of those advertising legal products or conducting lawful business, potentially affecting the viability of firearms businesses in New Mexico. This is a local example of the strategy we see implemented nationwide to put lawful firearms dealers out of business through raising costs of insurance, banking, and weaponized litigation. 

On the Senate side, Sen. Joseph Cervantes (D) introduced SB 69, which would implement the country's longest firearm purchase delay (14 days), exempting only those with a valid concealed handgun license. This is more restrictive than even California.  

On the House side, Rep. Andrea Romero (D) wants to introduce a 7-day waiting period for all firearms purchases, a move intended to provide a “cooling-off” period. It also prohibits the transfer of firearms when a NICS background check has an “OPEN” status.  

Also, by Rep. Andrea Romero (D), this legislation requires the creation of a list of banned gas-operated firearms (AR15, AK, handguns, and more), affecting how and where these firearms can be used, transported, and traded. This bill would also limit any firearm with a detachable magazine to 10-round capacity mags. This measure could dramatically alter the landscape for owners of such firearms in New Mexico. 

Introduced by Rep. Hochman Vigil (D), this bill aims to establish an Office of Gun Violence and Interdiction to fund gun control groups, channeling tax dollars towards organizations which aim to erode the rights of responsible gun owners.

Under Rep. Reena Szczepanski's (D) proposal, individuals under 21 would be prohibited from purchasing or possessing semi-automatic firearms and magazines with a capacity of more than 10 rounds. This measure aims to limit access to certain firearms among young adults, restricting their Second Amendment rights. 

Proposed by Sen. Wirth (D) and Sen. Stewart (D), this joint resolution seeks to amend the New Mexico Constitution, granting municipalities and counties the power to enact firearm regulations more restrictive than state law. If passed, it could lead to a patchwork of gun laws across the state, potentially complicating compliance for gun owners and dealers. 

Rep. Joy Garratt's (D) bill proposes to expand the pool of individuals who can petition for extreme risk protective orders to include law enforcement officers and licensed healthcare professionals. It also mandates the immediate surrender of firearms upon the service of temporary or regular extreme risk protective orders (ERPOs). 

Sen. Peter Wirth's (D) bill seeks to prohibit firearms within close proximity to polling places and postal collection boxes, further limiting where firearms can be carried. 

Relatedly, Sen. Ivey-Soto (D) is seeking to introduce a bill (SB 204) that aims to make it a 4th-degree felony to carry a firearm into a park or playground managed by a municipality or city. This measure could significantly impact gun owners' ability to carry firearms in public spaces. 

Sen. Linda Lopez (D) aims to impose a California-style 11% excise tax firearms, firearm precursor parts, suppressors, and ammunition, drastically increasing the cost for consumers and impacting local firearms retailers.

If you are a citizen of New Mexico, the best thing you can do to combat these oppressive gun laws is to reach out to your state representatives immediately. For more information or to fight back against these laws, contact NEW MEXICO FIREARMS INDUSTRY ASSOCIATION (NMFIA). NMFIA is closely tracking these new bills and is leading the charge in protecting your Second Amendment rights in New Mexico.   You can make a donation to NMFIA, to support their legal efforts. 

These laws are prohibitively restrictive and will have widespread consequences for both firearms owners and firearms businesses within the state. Bills like these can effectively destroy the Second Amendment rights granted to citizens; make your voice heard now to let the New Mexico legislators know how you feel about these unconstitutional gun laws.