House committee gives house bill 38 a due pass to address weapon conversion devices after law enforcement testimony

Representative Lord, the bill sponsor, told the committee she introduced House Bill 38 to make unlawful possession or transport of weapon conversion devices a state crime after local prosecutors and police said federal authorities cannot always take such cases. "I'm here to present House Bill 38," she said, noting the devices convert semiautomatic firearms into fully automatic weapons.

The bill drew support from multiple law-enforcement witnesses who said the devices are appearing in New Mexico and are often in the hands of juveniles and gang members. "They're used on drive-bys. They're used to damage property. They're used to shoot each other," Jeremy Stewart, police chief for Las Cruces, told the committee. Stewart said the U.S. Attorney’s Office can only take about 10% to 20% of local cases involving conversion devices, leaving local prosecutors without an option when federal charges are not pursued.

Bernalillo County District Attorney Sam Bergman said federal law already criminalizes conversion devices, but added prosecutors around the state need a state statute when federal authorities decline to bring charges. "These Glock switches are so devastating... All you do is point the firearm, pull and hold the trigger in 30 rounds and 2 seconds," Bergman said, describing the devices' rapid fire.

Representatives of state and local agencies including the New Mexico State Police, Bernalillo County Sheriff's Office and the Albuquerque Police Department testified in support. Robert Hart, director of the governor's organized crime commission, told the committee the devices are used by violent criminal organizations and that state law would give prosecutors an additional tool if federal authorities do not pursue a case.

Opponents — including firearm industry groups, the National Rifle Association, firearms owners and some former law-enforcement officers — urged caution, saying the bill's wording is vague and could criminalize lawful owners who possess legally registered items. Tom Kaye, representing the New Mexico Firearms Industry Association, and others said the bill does not track federal language or the National Firearms Act (NFA) process for legally owning certain items and that wording should be aligned with federal law before final passage.

Public defender Kim Chavez Cook asked the committee to consider civil alternatives and warned that creating a third-degree felony could increase incarceration without reducing violent crime. Several opponents and industry representatives asked for explicit exemptions for National Firearms Act–compliant owners and licensed Class 3 dealers, and for precise definitions that track federal statutes.

During questioning, lawmakers pressed the sponsor and witnesses on specifics the bill currently lacks in the draft: whether the bill covers components or partially assembled parts, how "transport" is defined, how prosecutors would establish intent for possession, and whether lawfully owned machine guns and Class 3 licensees would be grandfathered or exempt. Chief Stewart and DA Bergman said the intent is to target conversion devices such as so-called "Glock switches" produced on 3-D printers or imported and sold online, not factory-made machine guns lawfully possessed under federal NFA procedures.

Representative Lord told the committee she had been informed by expert witnesses she would accept a friendly amendment in committee or in judiciary to bring definitions into closer alignment with federal law. After discussion, the committee voted to give House Bill 38 a due pass to judiciary by a roll call vote of 4 to 2.

Votes at a glance: the committee recorded a due pass motion for House Bill 38 to Judiciary; the motion was moved by Representative Romero and seconded (second not specified in transcript). The roll call recorded: Yes — Representative Romero, Representative Thompson, the vice chair, and the chair; No — Representative Locke and Representative Lord (Lord offered a no vote with explanation but stated support for amendment). The chair announced: "With a vote of 4 to 2 in favor, you have a due pass for House Bill 38."

The sponsor said she and her expert witnesses will work to amend the bill’s definitions before it reaches judiciary so it will "align" with federal law and address concerns raised by FFLs and other stakeholders.

Ending: The committee advanced the bill to judiciary for amendment and further review. The hearing record shows a clear split: broad law-enforcement support for a state-level tool when federal prosecutors do not pursue cases, and sustained concern from industry, gun owners and some lawmakers that language be clarified to avoid criminalizing lawful possession or licensed activities.