{"data":{"id":"us-nm/30-7-16","jurisdiction":"us-nm","citation":"30-7-16","heading":"Firearms or destructive devices; receipt, transportation or possession by certain persons; penalty.","body":"A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state:\n(1) a felon;\n(2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or\n(3) a person convicted of any of the following crimes:\n(a) battery against a household member pursuant to Section 30-3-15 NMSA 1978;\n(b) criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978;\n(c) a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or\n(d) a crime listed in 18 U.S.C. 921.\nB. A felon found in possession of a firearm shall be guilty of a third degree felony.\nC. 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.\nD. 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.\nE. As used in this section:\n(1) except as provided in Paragraph (2) of this subsection, \"destructive device\" means:\n(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;\n(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\n(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;\n(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;\n(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:\n(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;\n(b) the person has not been pardoned for the felony conviction by the proper authority; and\n(c) the person has not received a deferred sentence;\n(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\n(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:\n(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;\n(b) the person has not been pardoned for the felony conviction by the proper authority; and\n(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.","path":["Chapter 30 - Criminal Offenses","ARTICLE 7 Weapons and Explosives"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"63dac0b554b46298bdd6d142f8eab90662f8ec1de0c59aac8ff680abec34b808","source_id":"us-nm","stale":false,"prev":"us-nm/30-7-15","next":"us-nm/30-7-17"},"notice":"GroundRules: Original legal text. Not legal advice."}