Figure: All of these AR-15 variants would remain unaffected, but others would be subject to retroactive registration requirements that could make you a felon if you did it wrong.Courtesy/Michael Ham

By MICHAEL HAM
Los Alamos

As a New Mexican who generally votes Democratic for their economic and personal freedom agenda, I dread the repeated efforts by some of the party’s legislators to criminalize law-abiding gun owners—not for any wrongdoing, but simply by changing the law. SB 279 is the latest misguided attempt, transforming legal gun ownership into a crime through technicalities riddled with loopholes. While it bans rifles rarely used in crimes, it leaves handguns—the weapon of choice for criminals—untouched. This lopsided approach ignores the root causes of violence while burdening responsible gun owners with complex, retroactive compliance rules. In the end, SB 279 seeks to turn lawful citizens into criminals while doing little to curb real crime.

Rifles Banned, Handguns Unaffected

SB 279 zeroes in on banning “gas-operated” semi-automatic firearms, such as some versions of the AR-15 or AK-47. Yet the bill pointedly exempts virtually all pistols. This means a semi-auto rifle used for hunting or sport could be outlawed, but a 9mm handgun (the type overwhelmingly used in street crime) remains legal.

FBI data consistently shows handguns are the firearm of choice for criminals [2]. In 2019, for example, rifles were used in only 364 U.S. homicides, compared to 6,368 homicides committed with handguns. Banning commonly owned rifles while leaving handguns untouched calls into question the bill’s logic.

Burdens and Compliance Challenges for Law-Abiding Owners

SB 279 imposes new legal hurdles on law-abiding gun owners, forcing them to register firearms they legally purchased with no prior requirement. Yet, these mandates don’t apply to pistols—the firearm used in most gun crimes. Even after registering, owners must carry proof whenever transporting registered firearm or risk criminal charges. A missed deadline or paperwork error could turn responsible citizens into felons overnight, despite no change in their behavior.

Meanwhile, criminals who obtain guns illegally will ignore these rules entirely.

Loopholes, Inconsistencies, and Unintended Consequences

Digging into SB 279 reveals technical definitions that undermine intent. The ban applies to some “gas-operated” semi-autos, but not others meaning it allows many variants of the AR-15 (See figure), including those with a fixed magazine. In short, SB 279’s restrictions can be circumvented by minor design tweaks that do nothing meaningful to reduce the gun’s lethality.

This kind of loophole underscores that the bill is more about appearances and vindictiveness towards current law-abiding gun owners than effective policy.

Perhaps most importantly, there is scant evidence that broad “assault weapon” bans like this produce significant public safety gains. The United States tried a federal ban on such firearms from 1994 to 2004, with mixed results. Gun violence did not miraculously abate. A Justice Department study found the federal ban’s effect on crime was inconclusive, as criminals often just switched to other guns [4]. A recent RAND Corporation review likewise found “inconclusive evidence” that assault weapon bans reduce mass shootings [3].

Conclusion: Wrong Solution to the Wrong Problem

There is no doubt that New Mexico faces serious issues with gun crime, but strangely SB 279 targets almost none of the guns used in those crimes. It bans a category of firearms that law-abiding citizens commonly own and that criminals seldom use, while imposing confusing and punitive hurdles on upstanding gun owners and will turn some of them into criminals with no change in their personal behavior. I would propose there are many better uses of the party’s time than diminishing more of their support among lawful gun owning demographics by proposing to turn them into criminals.

In the end, you can voice your opinion. For Los Alamos, Senator Leo Jaramillo (505.946.5555) and Representative Christine Chandler (505.946.5643)

[1] New Mexico SB 279 (2025 Regular Session), Gas-Operated Semiautomatic Firearms Exclusion Act, draft text.

[2] FBI Uniform Crime Reports, 2019: murder victims by weapon type (handguns vs. rifles).

[3] RAND Corporation, “The Science of Gun Policy” (2020) – finding no conclusive evidence assault weapon bans reduce mass shootings.

[4] U.S. Department of Justice study on 1994–2004 federal assault weapons ban – mixed results on crime reduction.