HB 77 - Requires Background Checks for Firearms Sold at Gun Shows - New Mexico Key Vote

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Title: Requires Background Checks for Firearms Sold at Gun Shows

Vote Smart's Synopsis:

Vote to pass a bill that requires a federal background check prior to the transfer of a firearm at a gun show.

Highlights:

  • Requires a federally licensed firearms dealer to conduct a federal firearm transfer background check prior to the transfer of a firearm to an individual without a current concealed handgun license (Sec. 4).
  • Prohibits a vendor at a gun show from transferring a firearm to an individual who does not have a current and valid concealed handgun license unless the transfer is conducted through the services of a federal firearms licensee (Sec. 4).
  • Defines ‘transfer’ as the sale, lease, delivery, or other passing of possession or control of a firearm (Sec. 3). 
  • Requires the individual responsible for organizing the gun show to (Sec. 4):
    • Arrange for 1 or more federally licensed firearms dealers to be present;
    • Arrange and display the fee for the firearms dealers' services, if desired; and 
    • Prominently display signs providing notice to gun show participants of the background check requirements.
  • Exempts the transfer of antique or relic firearms from federal firearm transfer background checks (Sec. 5).
  • Defines “antique or relic firearm” as any firearm that cannot be readily converted to use fixed ammunition and is one of the following (Sec. 5):
    • A firearm or replica of a firearm with an ignition system manufactured in or before 1898; or
    • A muzzle loading rifle, shotgun or pistol designed to use black powder or black powder substitute.
  • Requires the administrative office of the courts to transmit information relating to firearms possession eligibility for entry into the Federal Bureau of Investigation's National Instant Criminal Background Check System, including involuntary commitment to a mental institution (Sec. 9). 

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Title: Requires Background Checks for Firearms Sold at Gun Shows

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