This bill amends the Unfair Practices Act in New Mexico to include firearms and destructive devices, thereby broadening the scope of private remedies for unfair, deceptive, and unconscionable trade practices. It introduces key definitions such as "destructive device," "firearm," "firearm accessory," and "firearm part," clarifying what constitutes these items under the law. The bill makes it unlawful to manufacture, advertise, distribute, or sell firearms or destructive devices in violation of state or federal laws, while also exempting actions permitted by regulatory bodies from the Act. Additionally, it updates existing definitions and provisions, including the meanings of "trade" and "commerce," and introduces terms like "online marketplace" and "third-party seller" to reflect modern commerce.

Moreover, the bill enhances enforcement mechanisms by designating the attorney general as the primary enforcer of the Act, with the authority to seek civil penalties of up to $25,000 per violation, and $250,000 for violations related to firearms. It holds online marketplaces and third-party sellers jointly liable for violations and mandates compliance with subpoenas during investigations. The bill clarifies that proof of monetary damage or intent to deceive is not necessary for many claims, streamlines the process for civil investigative demands, and ensures that documentary materials are discoverable in related legal actions. Overall, these amendments aim to strengthen consumer protection and accountability in trade practices involving firearms and related devices.

Statutes affected:
introduced version: 53-17-2, 57-12-2, 57-12-3.1, 57-12-7, 57-12-8, 57-12-9, 57-12-10, 57-12-11, 57-12-12, 57-12-15, 57-12-16