Yeah, basically all you'd need would be a bag of air, and people will be bringing them in by the truckload from Nevada if they make them illegal in NM. The entire NM House bought into this, pretty funny.
Well, if I were designing a device not so easily defeated I'd:
- look for temperatures near 98F
- look for some amount of moisture (ca. 90% RH?)
- require a certain amount of pressure, maybe around 0.5 psi (pipers can get up to somewhere about 1.5 psi, I believe)
- look for some elevated level of CO2
- look for some decreased level of O2
And there may be other factors that could be applied too, as long as they weren't too expensive.
But you're right. Outlaw the defeating device in NM, and someone would sell it in NV.