Senator Joseph Cervantes presented Senate Bill 318 as an update to New Mexico's Unfair Trade Practices Act to address commercial practices that produce consumer harm in modern online markets. “This bill principally modifies the unfair trade practices act” to allow civil claims where sellers or manufacturers knowingly market items into New Mexico that facilitate unlawful conversion or use, Cervantes told the committee.
The bill would add definitions for "firearm," "destructive device," "firearm accessory" and "firearm part," and it adds knowingly manufacturing, advertising or distributing such items in violation of federal or state law to the list of prohibited unfair or deceptive practices. The sponsor said the measure targets sellers or manufacturers who exploit online marketplaces to distribute devices — for example, weapon‑conversion devices — that are then posted, trafficked and used to cause serious harm.
Gun‑safety and civil‑liberty groups expressed support for the measure. Meredith Machen of the League of Women Voters said the state should be able to hold vendors accountable when they sell dangerous items into the local market; Drew Setter of Giffords called it a needed remedy. The Giffords testimony noted prior work with the sponsor and urged the committee to advance the bill for further drafting in judiciary.
Firearms trade groups and other opponents warned the language is broad and could sweep in ordinary parts and accessories that are lawfully manufactured and sold; they also argued the bill could chill commerce and raise compliance costs for lawful dealers. The National Shooting Sports Foundation pointed to several drafting concerns, including the use of vague terms such as "may" or "tend to" and the potential for high statutory penalties to create opportunistic litigation. Business and pro‑industry witnesses also said the bill might raise insurance costs and pose constitutional questions.
Committee action and next steps: the committee voted 6–4 to give SB 318 a do‑pass recommendation; the sponsor and committee members said the measure will proceed to Senate Judiciary for legal review and to reconcile drafting issues raised by industry and by committee members. The sponsor told the committee the bill aims to fit within federal immunities for firearm manufacturers while preserving state remedies where sellers or manufacturers "knowingly" violate law.
Ending: The bill won a committee majority but faces substantial legal and drafting scrutiny in upcoming judiciary work; the sponsor and supporters argued the change is needed to hold commercial actors accountable when they place conversion‑capable weapon components into New Mexico’s online market.