HB 49

                                1  HOUSE BILL 49
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4        Joy Garratt and Heather Berghmans and Charlotte Little
                                5  and Andrea Reeb and Debra M. Sariñana
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CRIME; INCREASING THE PENALTY FOR A FELON WHO
                                12   RECEIVES, TRANSPORTS OR POSSESSES A FIREARM OR DESTRUCTIVE
                                13   DEVICE.
                                14
                                15   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                16        SECTION 1.      Section 30-7-16 NMSA 1978 (being Laws 1981,
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                                17   Chapter 225, Section 1, as amended) is amended to read:
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                                18        "30-7-16.      FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT,
                                19   TRANSPORTATION OR POSSESSION BY CERTAIN PERSONS--PENALTY.--
                                20  A.    It is unlawful for the following persons to
                                21   receive, transport or possess a firearm or destructive device
                                22   in this state:
                                23  (1)   a felon;
                                24  (2)   a person subject to an order of protection
                                25   pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or
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                                1  (3)    a person convicted of any of the following
                                2    crimes:
                                3  (a)   battery against a household member
                                4    pursuant to Section 30-3-15 NMSA 1978;
                                5  (b)   criminal damage to property of a
                                6    household member pursuant to Section 30-3-18 NMSA 1978;
                                7  (c)   a first offense of stalking pursuant
                                8    to Section 30-3A-3 NMSA 1978; or
                                9  (d)   a crime listed in 18 U.S.C. 921.
                                10  B.   A felon [found in possession of a firearm shall
                                11   be guilty of a third degree felony.
                                12  C.   A serious violent felon that is found to be in
                                13   possession of a firearm shall be guilty of a third degree
                                14   felony, and notwithstanding the provisions of Section 31-18-15
                                15   NMSA 1978, shall be sentenced to a basic term of six years
                                16   imprisonment] who violates this section is:
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                                17  (1)    for the first offense, guilty of a second
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                                18   degree felony; and
                                19  (2)    for the second and subsequent offenses,
                                20   guilty of a first degree felony.
                                21  [D.] C.     Any person subject to an order of
                                22   protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or
                                23   convicted of a crime listed in Paragraph (3) of Subsection A of
                                24   this section who receives, transports or possesses a firearm or
                                25   destructive device is guilty of a misdemeanor.
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                                1  [E.] D.     As used in this section:
                                2  (1)    except as provided in Paragraph (2) of
                                3    this subsection, "destructive device" means:
                                4  (a)   any explosive, incendiary or poison
                                5    gas:   1) bomb; 2) grenade; 3) rocket having a propellant charge
                                6    of more than four ounces; 4) missile having an explosive or
                                7    incendiary charge of more than one-fourth ounce; 5) mine; or 6)
                                8    similar device;
                                9  (b)   any type of weapon by whatever name
                                10   known that will, or that may be readily converted to, expel a
                                11   projectile by the action of an explosive or other propellant,
                                12   the barrel or barrels of which have a bore of more than one-
                                13   half inch in diameter, except a shotgun or shotgun shell that
                                14   is generally recognized as particularly suitable for sporting
                                15   purposes; or
                                16  (c)   any combination of parts either
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                                17   designed or intended for use in converting any device into a
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                                18   destructive device as defined in this paragraph and from which
                                19   a destructive device may be readily assembled;
                                20  (2)    the term "destructive device" does not
                                21   include any device that is neither designed nor redesigned for
                                22   use as a weapon or any device, although originally designed for
                                23   use as a weapon, that is redesigned for use as a signaling,
                                24   pyrotechnic, line throwing, safety or similar device;
                                25  (3)    "felon" means a person convicted of a
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                                1    felony offense by a court of the United States or of any state
                                2    or political subdivision thereof and:
                                3  (a)   less than ten years have passed
                                4    since the person completed serving a sentence or period of
                                5    probation for the felony conviction, whichever is later;
                                6  (b)   the person has not been pardoned for
                                7    the felony conviction by the proper authority; and
                                8  (c)   the person has not received a
                                9    deferred sentence; and
                                10  (4)   "firearm" means any weapon that will or is
                                11   designed to or may readily be converted to expel a projectile
                                12   by the action of an explosion or the frame or receiver of any
                                13   such weapon.   [and
                                14  (5)   "serious violent felon" means a person
                                15   convicted of an offense enumerated in Subparagraphs (a) through
                                16   (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA
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                                17   1978; provided that:
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                                18  (a)   less than ten years have passed
                                19   since the person completed serving a sentence or a period of
                                20   probation for the felony conviction, whichever is later;
                                21  (b)   the person has not been pardoned for
                                22   the felony conviction by the proper authority; and
                                23  (c)   the person has not received a
                                24   deferred sentence and completed the total term of deferment as
                                25   provided in Section 31-20-9 NMSA 1978]"
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