State Gun Laws

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

• s/he is a felon and it has been less than ten years since s/he completed his/her sentence;
• s/he is subject to a final domestic violence protection order;
• s/he is prohibited from having a gun under federal law, or
• s/he has been convicted of any of the following crimes:
  
  • battery against a household member;
  • criminal damage to property of a household member;
  • stalking; or
  • a “domestic violence misdemeanor” as defined by federal law.¹

Additionally, under New Mexico law the abuser may be prohibited from getting a concealed 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, which includes the reasons listed here;
• 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 the ten years immediately before 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. Stat. § 30-7-16(A), (E)(3); 18 U.S.C. § 921
² N.M. Stat. § 29-19-4(A)
³ N.M. Stat. § 29-19-4(B)