{"data":{"id":"us-nm/30-7-4.1","jurisdiction":"us-nm","citation":"30-7-4.1","heading":"Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties.","body":"A. A person commits the crime of negligently making a firearm accessible to a minor if:\n(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and\n(2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.\nWhoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.\nB. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:\n(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and\n(2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.\nWhoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.\nC. A person does not violate Subsection A or B of this section if a minor obtains a firearm:\n(1) that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;\n(2) that was carried on the person or within the person's immediate control;\n(3) that was locked with a firearm safety device that rendered the firearm inoperable;\n(4) in the course of self-defense or defense of another person;\n(5) by illegal entry to the person's property; or\n(6) with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.\nD. As used in this section:\n(1) \"brandish\" means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person;\n(2) \"firearm\" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion;\n(3) \"firearm safety device\" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and\n(4) \"minor\" means a person under eighteen years of age.","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":"593d82c8794f9027d85bc4be4f955124db3eae9b982005470e4c956e0e38d0cc","source_id":"us-nm","stale":false,"prev":"us-nm/30-7-4","next":"us-nm/30-7-5"},"notice":"GroundRules: Original legal text. Not legal advice."}