NM
New Mexico House Bill HB39

New Mexico 2025 Regular Session

New Mexico House Bill HB39 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 39
2929 57
3030 TH LEGISLATURE
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3333 STATE
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3535 OF
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3939 MEXICO
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Kathleen Cates
4848 AN ACT
4949 RELATING TO CHILDREN; PROVIDING ACCESS TO JUVENILE DELINQUENCY
5050 RECORDS FOR FIREARM BACKGROUND CHECKS; PROHIBITING AN ADULT
5151 SUBJECT TO A JUVENILE DISPOSITION INVOLVING USE OF A FIREARM
5252 FROM RECEIVING, TRANSPORTING OR POSSESSING A FIREARM OR
5353 DESTRUCTIVE DEVICE.
5454 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5555 SECTION 1. Section 30-7-16 NMSA 1978 (being Laws 1981,
5656 Chapter 225, Section 1, as amended) is amended to read:
5757 "30-7-16. FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT,
5858 TRANSPORTATION OR POSSESSION BY CERTAIN PERSONS--PENALTY.--
5959 A. It is unlawful for the following persons to
6060 receive, transport or possess a firearm or destructive device
6161 in this state:
6262 (1) a felon;
6363 .229266.2 underscored material = new
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9090 (2) a person subject to an order of protection
9191 pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; [or ]
9292 (3) a person convicted of any of the following
9393 crimes:
9494 (a) battery against a household member
9595 pursuant to Section 30-3-15 NMSA 1978;
9696 (b) criminal damage to property of a
9797 household member pursuant to Section 30-3-18 NMSA 1978;
9898 (c) a first offense of stalking pursuant
9999 to Section 30-3A-3 NMSA 1978; or
100100 (d) a crime listed in 18 U.S.C. 921; or
101101 (4) an adult subject to a juvenile disposition
102102 for a delinquent act involving use of a firearm under the
103103 Delinquency Act that would be a felony if committed by an
104104 adult, regardless of whether the judgment resulted in an adult
105105 sentence.
106106 B. A felon or an adult subject to a juvenile
107107 disposition for a delinquent act involving use of a firearm
108108 under the Delinquency Act that would be a felony if committed
109109 by an adult, regardless of whether the judgment resulted in an
110110 adult sentence, found in possession of a firearm shall be
111111 guilty of a third degree felony.
112112 C. A serious violent felon that is found to be in
113113 possession of a firearm shall be guilty of a third degree
114114 felony, and notwithstanding the provisions of Section 31-18-15
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143143 NMSA 1978, shall be sentenced to a basic term of six years
144144 imprisonment.
145145 D. Any person subject to an order of protection
146146 pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted
147147 of a crime listed in Paragraph (3) of Subsection A of this
148148 section who receives, transports or possesses a firearm or
149149 destructive device is guilty of a misdemeanor.
150150 E. As used in this section:
151151 (1) "adult subject to a juvenile disposition
152152 for a delinquent act involving use of a firearm" means a person
153153 eighteen years of age or older subject to a juvenile
154154 disposition for a delinquent act involving use of a firearm
155155 under the Delinquency Act; provided that:
156156 (a) less than ten years have passed
157157 since the juvenile disposition involving use of a firearm; and
158158 (b) the person has not been pardoned for
159159 the juvenile disposition involving use of a firearm by the
160160 proper authority;
161161 [(1)] (2) except as provided in Paragraph
162162 [(2)] (3) of this subsection, "destructive device" means:
163163 (a) any explosive, incendiary or poison
164164 gas: 1) bomb; 2) grenade; 3) rocket having a propellant charge
165165 of more than four ounces; 4) missile having an explosive or
166166 incendiary charge of more than one-fourth ounce; 5) mine; or 6)
167167 similar device;
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196196 (b) any type of weapon by whatever name
197197 known that will, or that may be readily converted to, expel a
198198 projectile by the action of an explosive or other propellant,
199199 the barrel or barrels of which have a bore of more than one-
200200 half inch in diameter, except a shotgun or shotgun shell that
201201 is generally recognized as particularly suitable for sporting
202202 purposes; or
203203 (c) any combination of parts either
204204 designed or intended for use in converting any device into a
205205 destructive device as defined in this paragraph and from which
206206 a destructive device may be readily assembled;
207207 [(2)] (3) the term "destructive device" does
208208 not include any device that is neither designed nor redesigned
209209 for use as a weapon or any device, although originally designed
210210 for use as a weapon, that is redesigned for use as a signaling,
211211 pyrotechnic, line throwing, safety or similar device;
212212 [(3)] (4) "felon" means a person convicted of
213213 a felony offense by a court of the United States or of any
214214 state or political subdivision thereof and:
215215 (a) less than ten years have passed
216216 since the person completed serving a sentence or period of
217217 probation for the felony conviction, whichever is later;
218218 (b) the person has not been pardoned for
219219 the felony conviction by the proper authority; and
220220 (c) the person has not received a
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249249 deferred sentence;
250250 [(4)] (5) "firearm" means any weapon that will
251251 or is designed to or may readily be converted to expel a
252252 projectile by the action of an explosion or the frame or
253253 receiver of any such weapon; and
254254 [(5)] (6) "serious violent felon" means a
255255 person convicted of an offense enumerated in Subparagraphs (a)
256256 through (n) of Paragraph (4) of Subsection L of Section 33-2-34
257257 NMSA 1978; provided that:
258258 (a) less than ten years have passed
259259 since the person completed serving a sentence or a period of
260260 probation for the felony conviction, whichever is later;
261261 (b) the person has not been pardoned for
262262 the felony conviction by the proper authority; and
263263 (c) the person has not received a
264264 deferred sentence and completed the total term of deferment as
265265 provided in Section 31-20-9 NMSA 1978."
266266 SECTION 2. Section 32A-2-26 NMSA 1978 (being Laws 1993,
267267 Chapter 77, Section 55, as amended) is amended to read:
268268 "32A-2-26. SEALING OF RECORDS.--
269269 A. On motion by or on behalf of a person who has
270270 been the subject of a delinquency petition or on the court's
271271 own motion, the court shall vacate its findings, orders and
272272 judgments on the petition and order the legal and social files
273273 and records of the court, probation services and any other
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302302 agency in the case sealed. If requested in the motion, the
303303 court shall also order law enforcement files and records
304304 sealed. An order sealing records and files shall be entered if
305305 the court finds that:
306306 (1) two years have elapsed since the final
307307 release of the person from legal custody and supervision or two
308308 years have elapsed since the entry of any other judgment not
309309 involving legal custody or supervision;
310310 (2) the person has not, within the two years
311311 immediately prior to filing the motion, been convicted of a
312312 felony or of a misdemeanor involving moral turpitude or been
313313 found delinquent by a court and no proceeding is pending
314314 seeking such a conviction or finding; and
315315 (3) the person is eighteen years of age or
316316 older or the court finds that good cause exists to seal the
317317 records prior to the child's eighteenth birthday.
318318 B. Reasonable notice of the motion shall be given
319319 to:
320320 (1) the children's court attorney;
321321 (2) the authority granting the release;
322322 (3) the law enforcement officer, department
323323 and central depository having custody of the law enforcement
324324 files and records; and
325325 (4) any other agency having custody of records
326326 or files subject to the sealing order.
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355355 C. Upon the entry of the sealing order, the
356356 proceedings in the case shall be treated as if they never
357357 occurred and all index references shall be deleted. The court,
358358 law enforcement officers and departments and agencies shall
359359 reply, and the person may reply, to an inquiry that no record
360360 exists with respect to the person. Copies of the sealing order
361361 shall be sent to each agency or official named in the order.
362362 D. Inspection of the files and records or the
363363 release of information in the records included in the sealing
364364 order may thereafter be permitted by the court only:
365365 (1) upon motion by the person who is the
366366 subject of the records and only to those persons named in the
367367 motion; and
368368 (2) in its discretion, in an individual case,
369369 to any clinic, hospital or agency that has the person under
370370 care or treatment or to other persons engaged in fact finding
371371 or research.
372372 E. Any finding of delinquency or need of services
373373 or conviction of a crime subsequent to the sealing order may at
374374 the court's discretion be used by the court as a basis to set
375375 aside the sealing order.
376376 F. A court may set aside a sealing order for the
377377 juvenile disposition of a youthful offender and any evidence
378378 given in a hearing in court for a youthful offender for the
379379 purpose of considering the setting of bail or other conditions
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408408 of release of a person charged with a felony whether charged as
409409 an adult or a juvenile.
410410 G. A child who has been the subject of a petition
411411 filed pursuant to the provisions of the Delinquency Act shall
412412 be notified in writing by the department when the child reaches
413413 the age of eighteen or at the expiration of legal custody and
414414 supervision, whichever occurs later, that the department's
415415 records have been sealed and that the court, the children's
416416 court attorney, the child's attorney and the referring law
417417 enforcement agency have been notified that the child's records
418418 are subject to sealing.
419419 H. The department shall seal the child's files and
420420 records when the child reaches the age of eighteen or at the
421421 expiration of the disposition, whichever occurs later. The
422422 department shall notify the children's court attorney, the
423423 child's attorney and the referring law enforcement agency that
424424 the child's records are subject to sealing.
425425 I. Youthful offender records sealed pursuant to
426426 Subsection H of this section may be unsealed by the court along
427427 with any evidence given in a hearing in court for a youthful
428428 offender for the purpose of considering the setting of bail or
429429 other conditions of release of a person charged with a felony,
430430 whether charged as an adult or juvenile.
431431 J. A child who is determined by the court not to be
432432 a delinquent offender shall have the child's files and records
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461461 in the instant proceeding automatically sealed by the court
462462 upon motion by the children's court attorney at the conclusion
463463 of the proceedings.
464464 K. After sealing, the department may store and use
465465 a person's records for research and reporting purposes, subject
466466 to the confidentiality provisions of Section 32A-2-32 NMSA 1978
467467 and other applicable federal and state laws.
468468 L. Records of a juvenile disposition involving use
469469 of a firearm for a delinquent act that would be a felony if
470470 committed by an adult shall be made available to federal
471471 authorities for purposes of conducting a federal instant
472472 background check pursuant to 18 U.S.C. Section 922(t) and state
473473 and local law enforcement for purposes of determining whether a
474474 person may receive, transport or possess a firearm or
475475 destructive device in New Mexico pursuant to Subsection A of
476476 Section 30-7-16 NMSA 1978. "
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