Sen. Joseph Cervantes, D-Las Cruces, the chair of the Senate Judiciary Committee, asks a question of First Judicial District Judge Bryan Biedscheid on Wednesday, Feb. 4, 2026, during a Senate Judiciary Committee meeting. Matt Dahlseid/The New Mexican

By CLARA BATES
The Santa Fe New Mexican

A controversial bill that would ban certain “extremely dangerous weapons” and add various regulations on firearms dealers is headed to the state Senate floor.

The sale of certain semi-automatic rifles — including AK-47s and AR-15s — would be banned under Senate Bill 17, which passed out of the Senate Judiciary Committee on a party-line vote Wednesday evening. Firearms retailers would also need to abide by new regulations that supporters say would combat the illegal flow of guns.

“This bill will simply ask gun dealers to do what responsible business owners already do: secure their inventory, train their employees, track their sales and stop selling military-grade weapons designed for mass casualties,” said Rep. Andrea Romero, D-Santa Fe, who is co-sponsoring the bill. 

Republicans and gun rights advocates called the bill unconstitutional and an attack on gun owners and small businesses. 

“We’ve seen a history in New Mexico passing some unconstitutional laws sent back to the state. And I predict this is going to be much like that. I’m not a lawyer, but I can read,” said Sen. Crystal Brantley, R-Elephant Butte.

Sen. Antoinette Sedillo Lopez, D-Albuquerque, said the section banning the sale of certain weapons could be litigated and the outcome in court is uncertain — but, she said, she’d still vote for it as a “very important policy.”

Sen. Joseph Cervantes, D-Las Cruces, the chair of the committee, said he stands by the opinion he expressed last year that the bans on certain guns would be unconstitutional. However, he said, he supports the provisions related to dealer regulations and voted for the bill.

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. 

Those testifying in support included representatives for the city of Albuquerque, the First Judicial District Attorney’s Office, the state National Education Association and the mother of a victim of gun violence.

“Right now, an 18-year-old can work in a pawn shop and buy and sell these firearms,” said Miranda Viscoli, executive director of New Mexicans to Prevent Gun Violence.

Opponents included the National Rifle Association and similar organizations, gun owners and the sheriffs of Roosevelt and Guadalupe counties. Darren LaSorte, director of government relations for the National Shooting Sports Foundation said the proposal makes exercising one’s Second Amendment rights in New Mexico “impossible for citizens to achieve.”

Gov. Michelle Lujan Grisham in her state of the state speech last month called for an assault weapons ban “to keep fighting the devastating scourge of gun violence.”

Similar measures have been proposed in recent legislative sessions but have so far failed to pass. A bill imposing a seven-day waiting period on gun buys in Mexico passed in 2024 but has since been tied up in court.

State DOJ raises concerns

In a memo submitted to the Legislative Finance Committee, attorneys from the state Department of Justice wrote the bill will likely lead to a lawsuit if passed.

The memo notes 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 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 state House Republicans, in a letter to U.S. Department of Justice officials last week, requested a statement from the federal agency on the constitutionality of SB 17, referencing a statement by Assistant Attorney General Harmeet Dhillon doubting the constitutionality of a proposed weapon ban in Virginia.

On Wednesday night, Sen. Jim Townsend, R-Artesia, called the proposal “if not one of the most contentious, the most contentious bill” in this session. 

“And I’m sure floor session will be a lot of fun,” he said. “I think it’ll be robust.”