SANTA FE — The New Mexico House Republican Caucus has formally asked the U.S. Department of Justice to review Senate Bill 17, arguing the proposal violates the Second Amendment by banning firearms and accessories that are in common lawful use.
In a letter dated January 28 to Assistant Attorney General Harmeet K. Dhillon, House Republicans said SB 17 mirrors firearm restrictions that federal officials have previously warned would conflict with U.S. Supreme Court precedent.
“New Mexico Senate Bill 17 mirrors many of the same defects you identified,” caucus leaders wrote, referencing Dhillon’s prior public remarks on similar proposals in other states. “Among other provisions, SB 17 would prohibit the sale and transfer of semiautomatic firearms in common use, ban magazines capable of holding more than ten rounds, and outlaw entire classes of firearms based on operating mechanisms rather than criminal misuse” .
SB 17, titled the Stop Illegal Gun Trade and Extremely Dangerous Weapons Act, would prohibit the sale or transfer of detachable magazines holding more than 10 rounds, .50 caliber rifles and cartridges, and gas-operated semiautomatic firearms that can accept detachable magazines, beginning July 1, 2026. The bill also requires firearm dealers to maintain extensive transaction records, retain federal background check forms on site for the duration of business operations, and permanently transfer those records to the Department of Public Safety if a dealer closes.
Supporters of SB 17 say the bill is intended to curb illegal gun trafficking and reduce access to weapons they characterize as particularly dangerous. Republicans say the provisions effectively create a government-run registry of lawful gun ownership.
“If a dealer discontinues business operations… the records shall be delivered… to the department,” the bill states, adding that the department “shall permanently retain the records.”
The caucus argues such requirements conflict with Supreme Court decisions in District of Columbia v. Heller, McDonald v. Chicago, and New York State Rifle & Pistol Association v. Bruen, which recognized that firearms in common lawful use are protected by the Second Amendment.
“At a time when New Mexico faces one of the highest violent crime rates in the nation, SB 17 does nothing to target violent offenders,” the letter states. “Instead, it imposes sweeping bans on law-abiding citizens, firearm dealers, and sportsmen.”
SB 17 is currently pending before the Legislature as lawmakers continue to debate a range of crime and public safety measures during the 2026 session.
