The bill introduces the crime of "facilitation of the unlawful sale of a firearm without a background check," which is defined as allowing or failing to prevent such a sale through a publicly available platform where reasonable measures could be taken to block or limit the unlawful sale. This new crime is added to the existing law regarding the unlawful sale of a firearm without a background check, which requires that a federal instant background check be conducted before the sale of a firearm. The bill also establishes that each party involved in an unlawful sale can be charged separately, and each firearm sold in violation of this law constitutes a separate offense. Violators of these provisions will be guilty of a third-degree felony.

Additionally, the bill amends the definition of "racketeering" to include both the unlawful sale of a firearm without a background check and the facilitation of such a sale. This means that these offenses will now be treated as racketeering activities under New Mexico law, which carries more severe penalties. The changes aim to strengthen the legal framework surrounding firearm sales and enhance accountability for those facilitating illegal transactions.

Statutes affected:
introduced version: 30-7-7.1, 30-42-3