SB 17: Gun Dealer Regulation Bill Draws Strong Statewide Support, But Local Skepticism in Rural Areas Like Otero County – Amid Broader Second Amendment Debates

Alamogordo, NM – A recent poll sponsored by Everytown for Gun Safety indicates that 77% of New Mexicans support regulating gun dealers with standards similar to those for cannabis dispensaries or pharmacies. The SurveyUSA poll reflects broad statewide backing for measures aimed at curbing firearm trafficking, as Senate Bill 17 (SB 17), the “Stop Illegal Gun Trade and Extremely Dangerous Weapons Act,” advances in the 2026 legislative session.

Sponsored by Democratic lawmakers including Sen. Micaelita Debbie O’Malley, Rep. Andrea Romero and Sen. Heather Berghmans, SB 17 would require federally licensed firearm dealers to adopt enhanced security measures (e.g., surveillance and alarms), maintain detailed sales and inventory records, report thefts promptly, conduct employee background checks with a minimum hiring age of 21, and cooperate with crime gun traces. It also prohibits sales of certain “extremely dangerous” items, including magazines over 10 rounds, .50 caliber rifles, machine guns, and gas-operated semi-automatic rifles.

The bill is informed by a December 2025 Everytown report showing that 77% of crime guns recovered in New Mexico in 2023 traced to in-state licensed dealers, often staying close to the point of sale. Supporters contend it addresses trafficking pipelines, straw purchases, and thefts while imposing minimal burdens on responsible dealers, comparable to regulations in other industries.

The Senate Health and Public Affairs Committee advanced SB 17 on January 28, 2026, on a 6-4 party-line vote (Democrats in favor), and it received a hearing in the Senate Judiciary Committee on February 2, 2026.

Arguments in Favor:

• Promotes dealer accountability to reduce crime gun flows and New Mexico’s elevated gun violence rates.

• Applies practical, targeted regulations akin to those for alcohol or cannabis sellers.

• Aligns with strong public support shown in the 77% poll, bolstered by testimony from survivors, Moms Demand Action, and law enforcement focused on preventing illegal access.

Arguments Against:

• Adds costly compliance requirements that could burden small dealers and local gun shops.

• Prohibits commonly owned semi-automatic rifles and large-capacity magazines, viewed as infringing on Second Amendment rights and potentially unconstitutional under precedents like Bruen.

• Targets law-abiding citizens and businesses rather than solely criminals.

• Raises privacy issues through expanded record-keeping.

New Mexico Republican Party Chair Amy Barela has strongly opposed the bill, calling it “blatantly unconstitutional” in party statements and social media. She has emphasized Republican efforts to resist or amend it, portraying SB 17 as an overreach that endangers constitutional protections and the rights of responsible gun owners.

Local Ties in Otero County and Southern New Mexico

While the Everytown poll captures statewide views—including from rural and urban residents—attitudes in conservative-leaning Otero County, encompassing Alamogordo and Holloman Air Force Base, may lean more skeptical. The county declared itself a “Second Amendment Sanctuary” in 2019, joining many rural New Mexico counties in opposing perceived state-level restrictions. Recent legislative patterns, such as opposition to red flag laws (e.g., 2025’s HB12) and support for permitless carry proposals, reflect a strong local emphasis on gun rights and limited regulation.

No county-specific breakdown exists from the Everytown/SurveyUSA poll, but rural areas typically show higher resistance to restrictions than urban centers like Albuquerque (a focal point for many crime gun recoveries). Gun ownership is generally higher in rural New Mexico, and past surveys (e.g., a 2023 KOAT poll indicating 68% statewide opposition to certain firearms bans) suggest potential local pushback against SB 17’s dealer mandates and prohibitions. Public commentary in Alamogordo and Otero County has been sparse in coverage, though gun rights advocates and dealers have raised concerns about added burdens on compliant operations under existing federal rules.

The broader Second Amendment discourse in New Mexico includes pointed critiques of consistency among pro-gun advocates. While Republican leadership, including figures like Chair Barela, frequently invoke the principle that “the right to bear arms shall not be infringed” in opposing bills like SB 17, there is limited evidence of support for restoring firearm rights to nonviolent felons after sentence completion. Current state law prohibits felons from possessing firearms for 10 years post-sentence (with restoration possible via gubernatorial pardon), and recent Republican-backed proposals (e.g., HB49 in 2026) focus on increasing penalties for felons in possession—often without distinguishing violent from nonviolent offenses—rather than advocating for earlier restoration or exceptions for nonviolent cases. Critics argue this reflects hypocrisy: staunch defense of unrestricted rights for law-abiding citizens contrasts with silence or support for prolonged disarmament of rehabilitated nonviolent felons. No prominent Republican leaders in the state have publicly championed expanding restoration for nonviolent felons in recent sessions, per legislative records and public statements.

New Mexico ranks #16 nationally in gun law strength (per Everytown), with advancements in background checks, extreme risk protections, and secure storage. SB 17’s future is uncertain in a divided legislature, with potential amendments or court challenges possible.

Sources:

• New Mexico Legislature (nmlegis.gov) – SB 17 bill text, sponsors, committee votes, and agendas (2026 Regular Session).

• Everytown for Gun Safety – Poll results, December 2025 crime gun trace report, and materials.

• SurveyUSA poll data referenced in coverage.

• Source New Mexico, KRQE, Albuquerque Journal, Los Alamos Daily Post – Hearings, testimony, and arguments (January–February 2026).

• Republican Party of New Mexico and NRA-ILA – Opposition statements, including Chair Amy Barela’s comments.

• Historical local coverage (e.g., Las Cruces Sun-News on 2019 sanctuary declaration; 2nd Life Media on gun bills).

• Collateral Consequences Resource Center and New Mexico statutes (e.g., N.M. Stat. Ann. § 30-7-16) on felon firearm restrictions and restoration.

• Legislative analyses and reports on bills like HB49 (2026) enhancing felon-in-possession penalties.

For the latest on SB 17 or related issues, visit nmlegis.gov or contact your state senator or representative. The 2026 session is ongoing.

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