The House Consumer and Public Affairs Committee passed three firearm-related bills along party-line votes after extensive debate on each of the pieces of legislation Thursday.

The committee first discussed HB 129, which seeks to enact a 14- business-day waiting period for buying firearms.

“We unfortunately have an open loop where the firearm seller can actually hand over that firearm without the background check having been accomplished so this closes that critical loophole, where one could obtain a firearm where background check was not completed,” bill sponsor Rep. Andrea Romero, D-Santa Fe, said. “In conjunction with that, this is also a bill that we hope will save a lot of lives.”

The 14-business-day period includes time needed for a federal background check in which the firearm is to remain with the seller until the waiting period expires and the background check is complete.

The use of business days instead of calendar days was “in anticipation that this would be a business transaction; it just feels appropriate to follow just standards of commerce and so we chose business days,” Romero said. “It is up to interpretation right now.”

There could be a clarifying amendment to the bill before it goes to the House Judiciary Committee.

If the firearm is sold before the end of the waiting period or prior to the background check’s completion, the sale is considered unlawful, according to the bill.

“Each party to an unlawful sale of a firearm before the required waiting period ends is in violation of this section and may be separately charged for the same sale,” the bill states.

The bill also requires firearm sellers to keep firearm sales records and make those records available to law enforcement upon request. Records are not required for firearm sales between immediate family members.

Public commenters and committee members who opposed the bill questioned whether it violates the constitution. 

An analysis by the New Mexico Department of Justice from the bill’s fiscal impact report shows that there could be some constitutional concerns in light of the 2008 D.C v. Heller Supreme Court case that established that the U.S. Constitution’s Second Amendment protects a person’s right to bear arms for lawful purposes, such as self-defense.

A more recent Supreme Court case was 2022’s New York State Rifle and Pistol Association v. Bruen which the Court ruled that a law requiring a license to carry a concealed weapon in a public place was unconstitutional.

“However, in 2018, the Supreme Court did not review a 9th Circuit Court of Appeals decision that upheld California’s 10-day waiting period, indicating that such measures may not contravene the Second Amendment,” the FIR states.

The bill was passed on a party-line 4-to-2 vote.

Semi-Automatic Firearms

The committee members next discussed HB 137, the Gas-Operated Semi-automatic Firearms Exclusion Act.

The bill would ban assault weapons and high-capacity magazines from importation, sale, manufacture, receipt or possession.

“What we’re trying to do here is prevent mass shootings and regulate the weapon of choice that we’ve seen around the nation, including our own communities in New Mexico,” Romero said. Romero is one of the bill’s sponsors.

High-capacity magazines under the bill’s language are those that contain more than 10 rounds.

Related: Heinrich introduces legislation aimed at curbing firearm violence

The bill carries the possibility of a fourth-degree felony.

The penalties would be for or the importation, sale, manufacture, transfer, receipt or possession of a machine firearm or machine firearm attachment and commission of or attempt to commit a felony offense while in possession of a gas-operated semi-automatic firearm or large-capacity ammunition feeding device.

ArmaLite 15 rifles, commonly called AR-15s, and other semi-automatic firearms, are commonly used in mass shootings. 

The rifles are named for their original manufacturer ArmaLite which sold its rights to Colt’s Manufacturing Company in 1962.

If a person already owns a gas-operated semi-automatic weapon they can keep it and  certify it with the New Mexico Department of Justice by January 1, 2025.

The NMDOJ’s certifications are confidential and are therefore not subject to the Inspection of Public Records Act.

“By focusing on particularly dangerous weapons, this bill does not run afoul of the Second Amendment,” according to the New Mexico Department of Public Safety as reported in the bill’s fiscal impact report.

Two of the bill’s other sponsors offered their testimony on their experiences with firearm violence and of losing loved ones to incidents involving semi-automatic weapons.

The bill is similar to legislation introduced on Nov. 30 in the U.S. Senate by New Mexico Democratic Sen. Martin Heinrich.

The bill was passed on a 4-to-2 vote with both Republicans Rep. John Block of Alamogordo and Rep. Stefani Lord of Sandia Park voting against.

Raising age for firearm purchases

HB 127 seeks to raise the age of firearm purchases from 18 to 21.

“I hope you will find this legislation to be both urgently needed and a common sense measure that will protect New Mexico’s children and prevent tragedy,” bill sponsor House Majority Whip Reena Szczepanski, D-Santa Fe, said.

The bill has exceptions for 18 to 21 year olds who serve as peace officers, law enforcement security officers or are members of the armed forces or the National Guard.

Further exemptions include student practices, performances and competitions involving firearms as well as those who use firearms at their homes when a parent or guardian is present. It would also allow for legal hunting and target practice at a firing range. The bill was passed on a 4-to-2 vote.

All three bills now head to the House Judiciary Committee.