INCREASE FELON FIREARM PENALTY

HB0049

HOUSE BILL 49

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

INTRODUCED BY

Joy Garratt
and
Heather Berghmans
and
Charlotte Little

and
Andrea Reeb
and
Debra M. Sariñana

AN ACT

RELATING TO CRIME; INCREASING THE PENALTY FOR A FELON WHO
RECEIVES, TRANSPORTS OR POSSESSES A FIREARM OR DESTRUCTIVE
DEVICE.

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 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
]
who violates this section is:

(1) for the first offense, guilty of a second
degree felony; and

(2) for the second and subsequent offenses,
guilty of a first degree felony
.

[
D.
]
C.
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.
]
D.
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;
and

(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 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
]"