In 2019, New Mexico passed a law, effective July 1, 2019, that requires all firearms sales to be subject to a background check. The law requires private sales to be processed through a licensed dealer who is required to conduct a background check on buyers under federal law.1

New Mexico prohibits any person from intentionally giving to another person in custody or confinement any deadly weapon without the express consent of the officer in charge.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

  1. 2019 NM SB 8. Unlike other states that have closed the private sale loophole, however, this background check requirement applies only to commercial sales, and not to other types of firearms transfers. ⤴︎
  2. N.M. Stat. Ann. § 30-22-12(A). ⤴︎