I do not have a protection order against the abuser, and s/he has not been convicted of a crime. Can s/he have a gun?
There can be other reasons (aside from criminal convictions and being the respondent on a protection order) that can make it illegal for someone to possess a gun. The abuser may be prohibited from getting a concealed handgun license in New Mexico 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 is currently under indictment for a felony in New Mexico or any other state (but has not yet been convicted);
- is prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
- has been adjudicated mentally incompetent or committed to a mental institution;
- is addicted to alcohol or controlled substances; or
- s/he received a conditional discharge, a diversion or a deferment of a misdemeanor offense involving a crime of violence within ten years immediately preceding the application.1
If the abuser meets any of these criteria, s/he may not qualify for a concealed handgun license. Either way, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our NM Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in New Mexico, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 N.M.S.A. § 29-19-4(A)