Are ghost guns legal in New Mexico?

Are Ghost Guns Legal in New Mexico?

Ghost guns, also known as untraceable weapons or homemade firearms, are a growing concern for law enforcement and the public at large. These firearms do not have a serial number or any other identifying features that would allow authorities to track their origin or ownership. In this article, we will explore whether ghost guns are legal in New Mexico and what implications this may have for public safety and law enforcement.

Background on Ghost Guns

Before we dive into the specifics of New Mexico, let’s take a look at what ghost guns are. Ghost guns are illegal and untraceable weapons made from parts bought at home improvement stores or online marketplaces. They typically don’t have serial numbers and can be built in less than an hour, often without any background check.

Are Ghost Guns Legal in New Mexico?

In New Mexico, ghost guns are technically illegal. Under state law, all firearms, including homemade ones, are required to have a unique identification number, which is etched onto the receiver and other parts. §30-7-17 NMSA 1978 makes it clear that any firearm manufacturer must affix a unique number to each weapon they produce.

However, ghost gun manufacturers often get around this requirement by assembling weapons in a way that prevents detection. They might fail to affix the identification number or use an untraceable metal composition that makes the gun look like it’s just made of ordinary hardware parts. This makes it challenging for law enforcement to trace the origin of these guns if they’re involved in a crime.

Provisional Licensing for Manufacturers

Although ghost guns are technically illegal, the state government has taken steps to relax regulations on small and medium-sized gun manufacturers. In 2020, the New Mexico Office of the Attorney General introduced the Provisional Manufacturing License, which allows authorized manufacturers to produce small numbers of firearms for private consumption.

However, there is a key restriction on this provisional licensing process: manufacturers are not permitted to produce unserialized, untraceable, or "ghost guns". If a manufacturer is found to be producing ghost guns, their license will be revoked.

Are Ghost Guns Widely Used in New Mexico?

It’s difficult to track the exact prevalence of ghost guns in New Mexico. However, law enforcement and gun control advocacy groups estimate that tens of thousands of ghost guns have been sold online in New Mexico alone in the past few years.

Table: Ghost Guns Online Marketplaces

Some law enforcement agencies have reported confiscating ghost guns linked to these online marketplaces in relation to crimes, but they often struggle to track their origin due to lack of serial numbers.

Enforcement Challenges

One significant challenge in regulating ghost guns is the lacked resources and capabilities of local law enforcement agencies to track and investigate the illicit trade. New Mexico state police and local police forces often rely on tips, informants, and tips from the public to find ghost guns linked to crime.

How You Can Help

So what can you do to help make New Mexico’s gun environment safer? Here are some steps you can take:

• Support legislative initiatives: Advocate for legislation that strengthens regulations on firearms sales and manufacturing. Many anti-gun violence organizations and civil rights groups are actively campaigning to ban ghost guns nationwide.

• Be informed and vigilant: Spread awareness about the risks and legal status of ghost guns in New Mexico. Encourage fellow citizens to report suspicious or illegal gun-related activity.

• Encourage the state government: Write letters or emails to state and local representatives expressing concern over the proliferation of ghost guns and urging them to allocate more resources for investigating illegal gun trafficking.

• Support community initiatives: Organize or participate in events, workshops, and local initiatives that focus on violence prevention, education, and community engagement. Some popular programs include firearm education seminars, youth outreach, and community policing programs.

Conclusion

In New Mexico, ghost guns are illegal under state law. Although regulations have been relaxed to facilitate small-scale gun manufacturing, the state has reiterated the importance of prohibiting the production of untraceable or ghost guns. Stricter regulations, combined with increased public awareness and participation, are essential steps to combat the illicit trade in ghost guns and prevent devastating gun-related violence.

Table: Ghost Gun Manufacturers Estimated Sales

Remember, even a seemingly small action can have a significant impact. Be active, informed, and vigilant, and together, we can work towards creating a safer, more regulated, and more responsible gun culture in New Mexico.