Know the Laws: New Mexico
UPDATED August 11, 2009
WomensLaw.org strongly recommends that you get help from an organization in your area before proceeding with court action.To find help, please go to the NM Where to Find Help page.
- Basic Info
- Guns and Protection Orders
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
back to topI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. If you have a Protection Order against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then federal law states that it is illegal for your abuser to buy, own or have a gun in his/her possession.*
New Mexico law prohibits anyone convicted of a felony from carrying or possessing a gun.** Also, as part of your protection order, a judge can prohibit the abuser from having a gun.***
Note: There are certain requirements that your Protection Order must meet for it to qualify under federal law. See the next question to read more about what those requirements are. If you are not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
To read the definition of a felony, see What is the definition of a felony?
* 18 U.S.C. § 922(g)(8),(9)
** N.M.S.A. § 30-7-16
***N.M.S.A. §40-13-5(A)(7)