CS/HB 129/a FIREARM SALE WAITING PERIOD CRIMES

Rep Andrea Romero

Actions: HPREF [2] HCPAC/HJC-HCPAC [4] DP-HJC [5] DNP-CS/DP [7] fl/a- PASSED/H (37-33) [6] SJC-SJC [7] DP/a [9] fl/a- PASSED/S (23-18) [14] h/cncrd SGND BY GOV (Mar. 4) Ch. 46.

Scheduled: Not Scheduled

 House Bill 129 (HB 129) creates the crime of unlawful sale of a firearm before the required waiting period ends and requires a 14-day waiting period before the completion of a sale of a firearm, with an exception.   

 House Bill 129 (HB 129) creates a new misdemeanor offense of unlawful sale of a firearm before required waiting period ends. This crime is in addition to the crime of Unlawful Sale of a Firearm without a Background Check.  The crime is committed when a seller transfers the ownership, possession or physical control of a firearm (1) before the end of a 14 business day period, or (2) if the background check is not complete before the end of this 14-day period, before the completion of the background check.  

The bill requires that the firearm remain in the custody of the seller during the waiting period.  Each party to such an unlawful sale is in violation of this offense and may be separately charged for the same sale, and two or more offenses can be charged in the same complaint and can be punished as separate offenses. Records of firearm sales must be available by the seller for inspection upon request of a law enforcement agency.  

This crime does not apply to the sale of a firearm between immediate family members to the third degree of consanguinity.
 

 On February 10, 2024, Senate Floor Amendment number 1 to HJCcs/ HB 129a made one change.  If the background check has not been completed within 20 days (instead of 30 days), the seller may transfer the firearm to the buyer. 

On February 7, 2024, the Senate Judiciary Committee amended HJCcs/HB 129/a in the following ways:
•	Removes the provision that stated that the crime is in addition to the crime created in Section 30-7-7.1 (Unlawful Sale of a Firearm without a Background Check). 
•	Adds that if the required background check has not been completed within 30 days, the seller may transfer the firearm to the buyer.
•	Amends the requirement that the firearm remain in the custody of the seller by adding that it can also remain in the custody of the federal firearms licensee performing the background check. 
•	Adds more exemptions of to whom this law does not apply.  In addition to the sale of a firearm between immediate family members, the waiting period is not required for: (1) a buyer who holds a valid firearms license; (2) a buyer who holds a valid NM concealed handgun license; (3) a law enforcement agency; and (4) between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act.
•	Removes the provision that records of firearm sales must be made available by the seller for inspection upon request of a law enforcement agency. 
•	Removes from the definition of “firearm” any “firearm muffler or firearm silencer.” 


On January 31, 2024, House Floor Amendment number 1 to HJCcs/ HB 129 shortened the waiting period from fourteen calendar days to seven calendar days.  

 On January 30, 2024, HJCcs/ HB 129 made the following changes to the original bill:
•	Replaces the 14-business day waiting period with a 14-calendar day waiting period.
•	Adds that the crime does not include the temporary possession of a firearm provided to a customer by the owner of the business in the conduct of that business. 
•	Adds a definition for “firearm” to include a muffler, silence, handgun, rifle or shotgun, but does not include antique firearms, tools used for construction purposes, an emergency flare or a firearm in a permanently inoperable condition.
•	Adds a definition for “immediate family member” as a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt, or uncle. 
 

  HB 129 is related to SB 226834