In 2019, New Mexico passed a law, effective July 1, 2019, that generally requires firearms sales to be subject to a background check.¹ The law generally requires private sellers of firearms (sellers who are not licensed firearm dealers or other federal firearm licensees) to complete the sale of their firearms through a federally licensed licensed dealer, who is required to conduct a background check on prospective buyers under federal law.²

Unlike some other states that have closed the background check loophole, New Mexico’s background check requirement also only applies to “sales” of firearms, which include transfers made for a fee or other consideration but not to other instances in which a person transfers ownership of a firearm without compensation or exchange of anything of value.³

The firearm background check requirement is also subject to certain other narrow exceptions, including the sale of antique firearms⁴ or sales between immediate family members.⁵

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1. 2019 NM SB 8.[↩]
2. N.M. Stat. Ann. § 30-7-7.1.[↩]
3. For the purposes of New Mexico’s firearm background check requirement, “sale” means “the sale, delivery or passing of ownership, possession or control of a firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business.” N.M. Stat. Ann. § 30-7-7.1(C)(5).[↩]
4. N.M. Stat. Ann. § 30-7-7.1(C)(3) (defining “firearm” to exclude “an antique firearm” within the definition of federal law, for the purposes of New Mexico law’s background check requirement).[↩]
5. N.M. Stat. Ann. § 30-7-7.1(B). The law defines “immediate family member” to mean “a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle.” N.M. Stat. Ann. § 30-7-7.1(C)(4).[↩]