New Mexico SB 8 - Firearm Sale Background Check /December 19, 2018 by Charles Yeganian New Mexico SB 8by Sens. Richard Martinez (D) and Peter Wirth (D)LEAP Forward Position: Support A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check where the sale is made for a fee or other consideration. B. The provisions of Subsection A of this section do not apply to the sale of a firearm: (1) by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a); (2) to a law enforcement agency; or (3) between two law enforcement officers certified pursuant to the Law Enforcement Training Act and authorized to carry a firearm.