Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2021 ‘Background Check Procedures in New Mexico.’ Background Checks. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 29 November
Background Checks in New Mexico
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state "point of contact" and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System ("NICS") database. (Note that state files are not always included in the federal database.)
New Mexico is not a point of contact state for NICS. New Mexico has no law requiring firearms dealers to initiate background check prior to purchasing a firearm. In New Mexico, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.
New Mexico does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm…
[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]