Legal Information: New Mexico

State Gun Laws

May 5, 2016

I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?

New Mexico law doesn't specifically state that a judge can prohibit the abuser from having a gun as a term in the protection order. However, the judge can order "anything necessary for your protection."* Therefore, you may be able to specifically ask the judge to include a term in your protection order that prohibits the abuser from having a gun but it will be up to the judge to decide whether or not to order it.  Also, a person is prohibited from getting a concealed handgun license in New Mexico if s/he is “prohibited by federal law” from purchasing or possessing a firearm.**  Federal law does prohibit the respondent in a qualifying protection order from having a gun - go to  the  the Federal Gun Laws page to get more information.

* N.M.S.A. § 40-13-5(A)(7)

** N.M.S.A. § 29-19-4(A)(7)