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Committee backs bill to let New Mexico sue sellers of firearm conversion devices; online marketplaces targeted
Summary
Lawmakers advanced a bill that adds firearm conversion devices and some online marketplace conduct to the state’s Unfair Practices Act to enable civil claims against manufacturers and sellers of devices that convert guns to automatic fire; business groups warned of broad exposure for online marketplaces.
A House Judiciary Committee voted to recommend passage of a bill that would add firearm conversion devices and certain online sales practices to New Mexico’s Unfair Practices Act, enabling civil claims against manufacturers, third‑party sellers and some online marketplaces that market those devices.
Senator Joseph Cervantes, sponsor, said the measure targets online marketplaces that list weapon conversion devices — sometimes called “Glock switches” — and seeks to use the state consumer‑protection law to create a civil remedy where federal immunity under the Protection of Lawful Commerce in Arms Act (PLCAA) often precludes product liability claims.
“We’re making unlawful the manufacture and sale of these conversion devices and updating the unfair trade practices penalties,” Cervantes said during his presentation.
Supporters including Giffords and other gun‑violence prevention groups said the bill is aimed specifically at stopping the online marketplace for devices that convert legal firearms into unlawful automatic weapons. The sponsor offered amendments during the committee to limit unintended consequences and to make the attorney general’s investigative documents confidential to the extent necessary for enforcement.
Business groups and tech trade associations opposed the bill as originally drafted. The New Mexico Chamber of Commerce and TechNet argued the draft could treat marketplaces that only host third‑party listings as retailers and expose them to severe liability; the Chamber said the bill could “subject online marketplaces to an unmanageable array of liabilities.” TechNet noted the draft’s reach could sweep in classified‑style community forums.
The committee adopted a technical amendment offered by Representative Romero to exclude entities that “only offer classified advertisements” from the statute’s definition of online marketplace, and to preserve confidentiality for certain civil investigative demands requested by the attorney general. The sponsor described the amendment as constructive and said it addressed the attorney general’s concerns.
After debate, the committee issued a do‑pass recommendation on the Senate Judiciary Committee substitute for Senate Bill 318 as amended; the recorded vote was 6 in favor and 4 opposed.
What’s next: The bill, as amended, will go to the full House for further consideration. Business and technology stakeholders said they will continue to press for narrower language on marketplace liability; public‑safety and victims‑advocacy groups urged quick action.
