Here are the tests for criminal negligence:
1) The defendant acted so recklessly that they created a high risk of death, and/or major bodily injury;
2) That the defendant’s actions showed a disregard for human life, or an indifference to the consequences of their actions
3) Any reasonable person in the same or similar situation would have known that the actions would have probably resulted in harm or death to other people.
If someone is handed a gun by a professional armorer and told it is a cold gun, there is no chance the case would survive 3).
Try arguing that when NM law statutes:
Universal Citation: NM Stat § 30-2-3 (2019)
Manslaughter is the unlawful killing of a human being without malice.
A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.
Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.
B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-2-3, enacted by Laws 1963, ch. 303, § 2-3; 1994, ch. 23, § 2.
Particular attention to B. Its your revisionist view of law that has our nation going to hell in a hand basket.