FELON IN POSSESSION OF FIREARM PENALTY

HB0146

HOUSE BILL 146

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Nicole Chavez
and
Andrea Reeb
and
Art De La Cruz

and
Joy Garratt

AN ACT

RELATING TO CRIME; INCREASING THE PENALTY FOR A FELON IN
POSSESSION OF A FIREARM OR DESTRUCTIVE DEVICE TO FIVE YEARS
IMPRISONMENT; ADDING A NEW CRIME OF FELON IN POSSESSION OF A
FIREARM OR DESTRUCTIVE DEVICE FOR A SECOND OR SUBSEQUENT
OFFENSE AND ADDING A NEW PENALTY OF NINE YEARS IMPRISONMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 30-7-16 NMSA 1978 (being Laws 1981,
Chapter 225, Section 1, as amended) is amended to read:

"30-7-16. FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT,
TRANSPORTATION OR 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
]
who receives,
transports or possesses
a firearm [
shall be
]
or destructive
device is
guilty of a third degree felony
for possession of a
firearm or destructive device by a felon.

C. A felon found in possession of a firearm or
destructive device for a second or subsequent offense is guilty
of a second degree felony.

[
C.
]
D.
A serious violent felon [
that is found to
be in possession of
]
who receives, transports or possesses
a
firearm [
shall be
]
or destructive device is
guilty of a [
third
]

second
degree felony and [
notwithstanding the provisions of
Section 31-18-15 NMSA 1978, shall be sentenced to a basic term
of six years imprisonment
]
shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978; provided that a court
shall not suspend or defer one-third of the basic sentence of
imprisonment
.

[
D.
]
E.
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.
]
F.
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
or completed the total term of deferment as
provided in Section 31-20-9 NMSA 1978
;

(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."

SECTION 2.
Section 31-18-15 NMSA 1978 (being Laws 1977,
Chapter 216, Section 4, as amended) is amended to read:

"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS
DEDUCTIONS.--

A. As used in a statute that establishes a
noncapital felony, the following defined felony classifications
and associated basic sentences of imprisonment are as follows:

FELONY CLASSIFICATION

BASIC SENTENCE

first degree felony

resulting in the death

of a child

life imprisonment

first degree felony for

aggravated criminal sexual

penetration

life imprisonment

first degree felony

eighteen years
imprisonment

second degree felony

resulting in the death of

a human being

eighteen years
imprisonment

second degree felony for a

sexual offense against a

child

fifteen years
imprisonment

second degree felony for

sexual exploitation of

children

twelve years imprisonment

second degree felony

nine years imprisonment

third degree felony resulting

in the death of a human being

six years imprisonment

third degree felony for a

sexual offense against a

child

six years imprisonment

third degree felony for sexual

exploitation of children

eleven years imprisonment

third degree felony for

possession of a firearm

or destructive device by a felon

five years imprisonment

third degree felony

three years imprisonment

fourth degree felony for

sexual exploitation of

children

ten years imprisonment

fourth degree felony

eighteen months
imprisonment.

B. The appropriate basic sentence of imprisonment
shall be imposed upon a person convicted and sentenced pursuant
to Subsection A of this section, unless the court alters the
sentence pursuant to the provisions of the Criminal Sentencing
Act.

C. A period of parole shall be imposed only for
felony convictions wherein a person is sentenced to
imprisonment of more than one year, unless the parties to a
proceeding agree that a period of parole should be imposed. If
a period of parole is imposed, the court shall include in the
judgment and sentence of each person convicted and sentenced to
imprisonment in a corrections facility designated by the
corrections department authority for a period of parole to be
served in accordance with the provisions of Section 31-21-10
NMSA 1978. If imposed, the period of parole shall be deemed to
be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this
section together with alterations, if any, pursuant to the
provisions of the Criminal Sentencing Act.

D. When a court imposes a sentence of imprisonment
pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
31-18-17 NMSA 1978 and suspends or defers the basic sentence of
imprisonment provided pursuant to the provisions of Subsection
A of this section, the period of parole shall be served in
accordance with the provisions of Section 31-21-10 NMSA 1978
for the degree of felony for the basic sentence for which the
inmate was convicted. For the purpose of designating a period
of parole, a court shall not consider that the basic sentence
of imprisonment was suspended or deferred and that the inmate
served a period of imprisonment pursuant to the provisions of
the Criminal Sentencing Act.

E. The court may, in addition to the imposition

of a basic sentence of imprisonment, impose a fine not to
exceed:

(1) for a first degree felony resulting in the
death of a child, seventeen thousand five hundred dollars
($17,500);

(2) for a first degree felony for aggravated
criminal sexual penetration, seventeen thousand five hundred
dollars ($17,500);

(3) for a first degree felony, fifteen
thousand dollars ($15,000);

(4) for a second degree felony resulting in
the death of a human being, twelve thousand five hundred
dollars ($12,500);

(5) for a second degree felony for a sexual
offense against a child, twelve thousand five hundred dollars
($12,500);

(6) for a second degree felony for sexual
exploitation of children, five thousand dollars ($5,000);

(7) for a second degree felony, ten thousand
dollars ($10,000);

(8) for a third degree felony resulting in the
death of a human being, five thousand dollars ($5,000);

(9) for a third degree felony for a sexual
offense against a child, five thousand dollars ($5,000);

(10) for a third degree felony for sexual
exploitation of children, five thousand dollars ($5,000);

(11) for a third or fourth degree felony, five
thousand dollars ($5,000); or

(12) for a fourth degree felony for sexual
exploitation of children, five thousand dollars ($5,000).

F. When the court imposes a sentence of
imprisonment for a felony offense, the court shall indicate
whether or not the offense is a serious violent offense as
defined in Section 33-2-34 NMSA 1978. The court shall inform
an offender that the offender's sentence of imprisonment is
subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37
and 33-2-38 NMSA 1978. If the court fails to inform an
offender that the offender's sentence is subject to those
provisions or if the court provides the offender with erroneous
information regarding those provisions, the failure to inform
or the error shall not provide a basis for a writ of habeas
corpus.

G. No later than October 31 of each year, the New
Mexico sentencing commission shall provide a written report to
the secretary of corrections, all New Mexico criminal court
judges, the administrative office of the district attorneys and
the chief public defender. The report shall specify the
average reduction in the sentence of imprisonment for serious
violent offenses and nonviolent offenses, as defined in Section
33-2-34 NMSA 1978, due to meritorious deductions earned by
prisoners during the previous fiscal year pursuant to the
provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38
NMSA 1978. The corrections department shall allow the
commission access to documents used by the department to
determine earned meritorious deductions for prisoners."

SECTION 3.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

- 10 -