30-7-16. Firearms or destructive devices; receipt, transportation or
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/nm/chapter-30-criminal-offenses/article-7-weapons-and-explosives/30-7-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
possession by certain persons; penalty.
A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state:
(1)a felon;
(2)a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or
(3)a person convicted of any of the following crimes:
(a)battery against a household member pursuant to Section 30-3-15 NMSA 1978;
(b)criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978;
(c)a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or
(d)a crime listed in 18 U.S.C. 921.
B. A felon found in possession of a firearm shall be guilty of a third degree felony.
C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six years imprisonment.
D. Any person subject to an order of protection pursuant to Section 40-13-5 or 40- 13A-5 NMSA 1978 or convicted of a crime listed in Paragraph
(3)of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor.
E. As used in this section:
(1)except as provided in Paragraph
(2)of this subsection, "destructive device" means:
(a)any explosive, incendiary or poison gas: 1) bomb; 2) grenade; 3) rocket having a propellant charge of more than four ounces; 4) missile having an explosive or incendiary charge of more than one-fourth ounce; 5) mine; or 6) similar device;
(b)any type of weapon by whatever name known that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell that is generally recognized as particularly suitable for sporting purposes; or
(c)any combination of parts either designed or intended for use in converting any device into a destructive device as defined in this paragraph and from which a destructive device may be readily assembled;
(2)the term "destructive device" does not include any device that is neither designed nor redesigned for use as a weapon or any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;
(3)"felon" means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and:
(a)less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later;
(b)the person has not been pardoned for the felony conviction by the proper authority; and
(c)the person has not received a deferred sentence;
(4)"firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon; and
(5)"serious violent felon" means a person convicted of an offense enumerated in Subparagraphs
(a)through
(n)of Paragraph
(4)of Subsection L [N] of Section 33-2-34 NMSA 1978; provided that:
(a)less than ten years have passed since the person completed serving a sentence or a period of probation for the felony conviction, whichever is later;
(b)the person has not been pardoned for the felony conviction by the proper authority; and
(c)the person has not received a deferred sentence and completed the total term of deferment as provided in Section 31-20-9 NMSA 1978. History: Laws 1981, ch. 225, § 1; 1987, ch. 202, § 1; 2001, ch. 89, § 1; 2018, ch. 74, § 4; 2019, ch. 253, § 1; 2020, ch. 54, § 2; 2022, ch. 56, § 26.