By NICHOLAS GILMORE
The Santa Fe New Mexican
Sponsors of a controversial Senate bill that would ban some types of semi-automatic rifles and place new security regulations on firearms retailers argue New Mexico law doesn’t provide adequate oversight of gun dealers.
“We regulate alcohol and cannabis more strictly than we regulate gun dealers,” Rep. Andrea Romero, D-Santa Fe, told a Senate committee this week. “This just simply asks dealers to do what responsible businesses already do.”
But Senate Bill 17 has ignited impassioned opposition from Republicans and gun rights advocates, who have called the proposal “egregiously unconstitutional” and an “attack” on gun owners and small businesses.
Along with a ban on many “gas-powered firearms” and a list of new rules for gun sellers — including a minimum age and background checks for workers, inventory and sales tracking, and security requirements — it would allow for misdemeanor charges against dealers who sell banned weapons or falsify records.
Sen. Jay Block, R-Rio Rancho, called the bill “the worst mockery of the Second Amendment in the state’s history.”
“Instead of trying to hold violent and repeat criminals accountable, radical left Democrats are targeting law-abiding New Mexicans and small business owners,” Block told the Senate Health and Public Affairs Committee on Wednesday.
The committee voted to advance Senate Bill 17 along party lines, with four Republicans voting against it, following a lengthy debate. But the measure, which heads next to the Senate Judiciary Committee, faces plenty of hurdles.
Amid concerns the proposal would risk being overturned by federal courts, Republicans have requested guidance from the U.S. Department of Justice regarding the bill’s constitutionality.
Attorneys from the state Department of Justice also raised concerns about the potential for a legal challenge in a memo submitted to the Legislative Finance Committee.
Preventing straw purchases
Sen. Heather Berghmans, D-Albuquerque, a sponsor of SB 17, said the absence of regulations for gun sellers allows for a “retail-to-street pipeline” for firearms to be sold legally and then trafficked to teens, convicted felons and others who use them to commit crimes in the state — a practice known as “straw purchasing.”
A report released last month by the national nonprofit gun control advocacy group Everytown for Gun Safety found over 77% of firearms used in crimes in New Mexico were initially purchased legally, and about 60% came from a business in the state.
SB 17 would require gun dealers to implement certain security measures, including video surveillance and alarms; to keep records of sales and purchases, which must be provided to law enforcement upon request; and to notify state officials of any purchases of multiple firearms, as well as thefts and losses. It also would require employees of gun stores to be at least 21 years old and pass a background check, along with new training requirements.
Dealers who sell prohibited guns, including some semi-automatic guns, detachable magazines holding more than 10 rounds and machine guns could face criminal charges.
Two popular guns that would be banned under Senate Bill 17 are the AK-47 and the AR-15, which is referenced by various gun publications and surveys as the most popular rifle in the U.S.
More than a dozen states have adopted licensure and regulations for gun dealers, according to Everytown for Gun Safety. Laws in Colorado, Washington and Illinois, among other states, require specific security measures and background checks for dealer employees.
‘There’s a constitutional right’
Gun dealers and advocates lined up Wednesday to speak out against SB 17, arguing the regulations would burden small-time gun dealers.
New Mexico Shooting Sports Association President Zachary Fort noted in an interview there are many gun dealers throughout the state who operate without a storefront who would be affected by the bill.
“Obviously we want them to secure stuff, but we don’t want to put smaller stores and home-based dealers out of business,” Fort said. “There are hundreds of people who have a federal firearms license in New Mexico, and most of them do not have a brick-and-mortar store, but they would still be impacted by this bill.”
A recent list from the Bureau of Alcohol, Tobacco, Firearms and Explosives indicates 694 dealers with federal licensure are operating in the state.
“I believe people should take firearm storage and training very seriously, and I personally do myself,” Fort said. “What I don’t believe in, necessarily, is government mandates of what you can and can’t do, because there’s a constitutional right here, and when there is a constitutional right, we have to be really careful about what is and is not mandated.”
Fort pointed to research showing the majority of gun thefts involve the stealing of firearms from vehicles as opposed to homes or stores.
‘Tools’ to stop trafficking
Among those who spoke in support of SB 17 on Wednesday was Chief Deputy District Attorney Tony Long of the First Judicial District, who pointed to the 2023 shooting death of 17-year-old Eduardo Preciado Luevano in the Camel Tracks area of the Caja del Rio near Santa Fe, a slaying that involved an AK-47.
Long prosecuted the case, in which Edgar Robles Escudero, 25, was found guilty of luring the teen out to the site and unloading a 30-round magazine on him. A jury convicted Escudero of first-degree murder and conspiracy charges in October.
“I will spare you the details of what 29 bullets does to a 17-year-old, but it’s absolutely horrific,” Long said during the Wednesday committee hearing, adding the legislation would put “tools into the hands” of both gun dealers and law enforcement to help stop gun trafficking.
The bill would require gun dealers to keep records of “serial numbers of firearms sold, dates of sale and identities of purchasers” to be made available to law enforcement within 24 hours of a request. The dealer records would be exempt from disclosure under public records laws, the bill notes.
Long noted “absent goodwill or a federal agent,” gun dealers are not currently required to provide such records to local law enforcement.
Potential legal challenges
The report from the state Department of Justice notes the proposed law regarding the sale or transfer of “extremely dangerous weapons” would likely face challenges, noting a 2022 U.S. Supreme Court ruling “places the justification requirement squarely on the government to demonstrate constitutionality, rather than requiring challengers to prove restrictions are unconstitutional.”
The 2022 ruling, commonly referred to as “Bruen,” was cited, among others, in the 10th Circuit Court of Appeals’ ruling that struck down New Mexico’s seven-day waiting period for gun purchases last year.
The attorney general’s analysis also noted SB 17’s definition of “gas-operated firearm” may be “broader than anticipated,” as it includes “several commercially-available handguns commonly used for self-defense,” including the Walther CCP M2, Desert Eagle pistol, and Smith & Wesson M&P.
New Mexico Republicans, in a letter to U.S. Department of Justice officials Wednesday, requested a statement from the federal agency on the constitutionality of SB 17. The letter referenced a statement by Assistant Attorney General Harmeet Dhillon doubting the constitutionality of a proposed weapon ban in Virginia, stating “your clear statement that such proposals represent a blatant violation of Supreme Court precedent and will not withstand constitutional scrutiny was both timely and important.”
Proposals by Democrats for a statewide ban on semi-automatic rifles have failed in past years.
The five sponsors of SB 17 proposed a prohibition of “gas-operated semiautomatic weapons” that died during the 2025 legislative session. The Senate Judiciary Committee passed a substitute bill, which then died in the Senate Finance Committee.
The state Department of Justice noted in its analysis this year’s proposal represents a similar policy that “expands the scope of restrictions.”