Legal Information: New Mexico

State Gun Laws

April 23, 2021

What is the penalty for violating state firearm laws?

If a convicted felon is in possession of a gun, s/he is guilty of a felony in the third degree. The punishment for a felony in the third degree is up to three years in prison and up to $5,000 in fines.1

However, if ten years have passed since the person completed serving his/her sentence or period of probation for the felony, then this New Mexico state law may not apply because s/he may no longer be considered a “felon” in possession of a gun.2

Any person who has a gun while there is an order of protection against him/her could be committing a misdemeanor.3

It can also violate federal law for someone to have a gun if s/he has been convicted of certain crimes or when there is a protection order against him/her. For more information, see our Federal Gun Laws page.

1 N.M.S.A. §§ 30-7-16(A)(1), (B); 31-18-15(A)(11), (A)(13), (E)(11)
2 N.M.S.A. § 30-7-16(D)(3)(a)
3 N.M.S.A. § 30-7-16(C)

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