Democrats plan push to increase oversight of New Mexico firearms dealers

SANTA FE — Two New Mexico Democratic lawmakers say they plan to push for legislation increasing oversight of firearm dealers in the state, after a national group released a report that found most guns used in crimes were originally purchased from in-state sellers.

But the proposal could face opposition during the 30-day session that begins next month — if it’s even added to the session’s agenda.

A spokesman for Gov. Michelle Lujan Grisham said Thursday the governor has not yet decided whether to include such legislation on the session agenda, but indicated she is open to the idea.

“The governor is committed to ending gun violence in New Mexico and would take a close look at any legislation that could help make that happen,” Lujan Grisham spokesman Michael Coleman said in a statement.

Under the New Mexico Constitution, the 30-day sessions that take place in even-numbered years are limited to budgetary matters and other issues the governor approves for legislative debate.

The report released this week cited 2023 data from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives that 4,847 guns used in crimes in New Mexico were recovered and traced by law enforcement officials. Of that amount, about 78% of the guns were originally purchased from licensed firearm dealers, primarily in New Mexico.

The report also found that most of the firearms in question were sold by a small number of dealers, and nearly 90% were found in the possession of someone other than the initial buyer.

It was released by Everytown for Gun Safety, a New York-based group that advocates for gun safety and has given hefty campaign contributions to some New Mexico Democrats.

Rep. Andrea Romero, D-Santa Fe, said the findings indicate some firearms dealers might be selling guns to traffickers.

“There are bad actors that have repeatedly sold these weapons to folks in the community, and they are still currently operating in the state without any sort of accountability whatsoever,” Romero said during a virtual news conference.

She also said the legislation she and Sen. Heather Berghmans, D-Albuquerque, are planning to file could include employee training requirements and mandatory firearm inventory tracking.

However, Zach Fort, the president of the New Mexico Shooting Sports Association, said placing more requirements on federal firearm licensees, or FFLs, will not address the issue of gun theft.

“Once they hand that firearm over, they have no visibility into what happens with it,” Fort told the Journal.

He also said firearms dealers already must comply with strict federal tracking requirements for all guns, while citing federal and state laws targeting “straw purchases” of firearms. Such purchases occur when someone is paid to buy guns for another person.

Eric Rasmussen, the owner of Right to Bear Arms gun shop in Albuquerque, said local gun store owners have a system of alerting one another when they suspect straw purchases.

“There’s not one gun store owner I know of who wants to sell guns to criminals,” said Rasmussen, who is also the president of the New Mexico Firearms Industry Association.

Since Lujan Grisham took office, New Mexico lawmakers have approved several new laws dealing with firearms restrictions. Those measures include a 2019 law expanding required background checks and a 2021 law allowing guns to be temporarily seized from individuals deemed to pose a threat to themselves or others.

Legislators also passed a 2024 bill establishing a seven-day waiting period to purchase a firearm, though that law is currently in limbo after being challenged in federal court.

Meanwhile, attempts to ban assault weapons and high-capacity magazines, with certain exceptions, and to raise the buying age for purchasing AR-15-style rifles have stalled at the Roundhouse.

New Mexico in recent years has had one of the nation’s highest firearm mortality rates, with roughly 25 gun-related deaths per 100,000 residents in 2023, according to federal data. The only states with higher per capita firearm mortality rates were Louisiana, Mississippi and Alabama.

But Sen. Crystal Brantley, R-Elephant Butte, said legislation targeting firearms dealers will not reduce violent crime rates in New Mexico.

“This session should focus on getting the worst repeat offenders off our streets, not targeting the very New Mexicans who follow the law,” said Brantley.