New Mexico 2025 2025 Regular Session

New Mexico House Bill HB235 Introduced / Bill

Filed 01/30/2025

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HOUSE BILL 235
57
TH LEGISLATURE 
-
 
STATE
 
OF
 
NEW
 
MEXICO
 
-
 FIRST SESSION
,
 
2025
INTRODUCED BY
Jenifer Jones and Nicole Chavez and Andrea Reeb
AN ACT
RELATING TO FIREARMS; PROHIBITING AN UNDOCUMENTED ALIEN FROM
RECEIVING, TRANSPORTING OR POSSESSING A FIREARM OR DESTRUCTIVE
DEVICE; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-7-16 NMSA 1978 (being Laws 1981,
Chapter 225, Section 1, as amended) is amended to read:
"30-7-16.  FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT,
TRANSPORTATION OR POSSESSION BY CERTAIN PERSONS--PENALTY.--
A.  It is unlawful for the following persons to
receive, transport or possess a firearm or destructive device
in this state:
(1)  a felon;
(2)  a person subject to an order of protection
pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; [or ]
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(3)  an undocumented alien; or
[(3)] (4) a person convicted of any of the
following crimes:
(a)  battery against a household member
pursuant to Section 30-3-15 NMSA 1978;
(b)  criminal damage to property of a
household member pursuant to Section 30-3-18 NMSA 1978;
(c)  a first offense of stalking pursuant
to Section 30-3A-3 NMSA 1978; or
(d)  a crime listed in 18 U.S.C. 921.
B.  A felon found in possession of a firearm shall
be guilty of a third degree felony.
C.  A serious violent felon that is found to be in
possession of a firearm shall be guilty of a third degree
felony, and notwithstanding the provisions of Section 31-18-15
NMSA 1978, shall be sentenced to a basic term of six years
imprisonment.
D.  Any person subject to an order of protection
pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted
of a crime listed in Paragraph [(3) ] (4) of Subsection A of
this section or an undocumented alien who receives, transports
or possesses a firearm or destructive device is guilty of a
misdemeanor.
E.  As used in this section:
(1)  except as provided in Paragraph (2) of
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this subsection, "destructive device" means:
(a)  any explosive, incendiary or poison
gas:  1) bomb; 2) grenade; 3) rocket having a propellant charge
of more than four ounces; 4) missile having an explosive or
incendiary charge of more than one-fourth ounce; 5) mine; or 6)
similar device;
(b)  any type of weapon by whatever name
known that will, or that may be readily converted to, expel a
projectile by the action of an explosive or other propellant,
the barrel or barrels of which have a bore of more than one-
half inch in diameter, except a shotgun or shotgun shell that
is generally recognized as particularly suitable for sporting
purposes; or
(c)  any combination of parts either
designed or intended for use in converting any device into a
destructive device as defined in this paragraph and from which
a destructive device may be readily assembled;
(2)  the term "destructive device" does not
include any device that is neither designed nor redesigned for
use as a weapon or any device, although originally designed for
use as a weapon, that is redesigned for use as a signaling,
pyrotechnic, line throwing, safety or similar device;
(3)  "felon" means a person convicted of a
felony offense by a court of the United States or of any state
or political subdivision thereof and:
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(a)  less than ten years have passed
since the person completed serving a sentence or period of
probation for the felony conviction, whichever is later;
(b)  the person has not been pardoned for
the felony conviction by the proper authority; and
(c)  the person has not received a
deferred sentence;
(4)  "firearm" means any weapon that will or is
designed to or may readily be converted to expel a projectile
by the action of an explosion or the frame or receiver of any
such weapon; [and]
(5)  "serious violent felon" means a person
convicted of an offense enumerated in [Subparagraphs (a)
through (n) of] Paragraph (4) of Subsection L of Section
33-2-34 NMSA 1978; provided that:
(a)  less than ten years have passed
since the person completed serving a sentence or a period of
probation for the felony conviction, whichever is later;
(b)  the person has not been pardoned for
the felony conviction by the proper authority; and
(c)  the person has not received a
deferred sentence and completed the total term of deferment as
provided in Section 31-20-9 NMSA 1978; and
(6)  "undocumented alien" means a person who is
a foreign national and who is illegally or unlawfully present
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in the United States as provided by federal law ."
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