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Legal Information: New Mexico

State Gun Laws

Updated: 
February 28, 2020

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

In New Mexico, it is a crime for someone to have a gun if the person:

New Mexico state law also says that a person cannot get a concealed handgun license if s/he has been convicted of any of the following crimes:

  • 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;
  • 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;
  • s/he has been convicted of a misdemeanor offense involving assault, battery or battery against a household member;
  • s/he has been convicted of a felony in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;
  • s/he is currently under indictment for a felony criminal offense in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction; or
  • s/he is a fugitive from justice.2

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. Go to the Federal Gun Laws page to get more information.

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