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Legal Information: New Mexico

State Gun Laws

Updated: 
February 28, 2020

I am a victim of domestic violence and the abuser has a gun. Is that legal?

I am a victim of domestic violence and the abuser has a gun. Is that legal?

New Mexico law prohibits certain people from having or buying a gun. In New Mexico, it is a crime for someone to have a gun if any of the following apply:

Additionally, under New Mexico law the abuser may be prohibited from getting a handgun license if any of the following apply:

  • s/he is not a citizen of the United States;
  • s/he is not a resident of New Mexico (unless s/he is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member);
  • s/he is under age twenty-one;
  • s/he is a fugitive from justice;
  • s/he has been convicted of (or is currently under indictment for) a felony in New Mexico or any other state;
  • s/he is prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm (Note: Under federal law, the respondent in a protection order is prohibited from having a gun);
  • s/he has been adjudicated mentally incompetent or committed to a mental institution;
  • s/he is addicted to alcohol or controlled substances;2
  • s/he has been convicted of a misdemeanor offense involving assault, battery or battery against a household member;
  • s/he received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of no contest (“nolo contendere”) to a misdemeanor offense involving a crime of violence within ten years immediately preceding the application;
  • s/he has been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application for a concealed handgun license; or
  • s/he has been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application.3

Note: Federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he has been convicted of a felony or domestic violence misdemeanor; or if you have a protective order against him/her that meets certain requirements (even if the judge does not specifically include on the order that s/he cannot have a gun). Go to the Federal Gun Laws page to get more information.

1 N.M.S.A § 30-7-16
2 N.M.S.A. § 29-19-4(A)
3 N.M.S.A. § 29-19-4(B)