A Gun Within a Child's Reach
Section 30-7-4.1 — negligently storing a firearm a minor uses, a misdemeanor or a fourth degree felony
| A minor gets a negligently stored firearm and | Level |
|---|---|
| A minor gets a negligently stored firearm andDisplays or brandishes it threateningly, or causes an injury short of great bodily harm or death | LevelMisdemeanor |
| A minor gets a negligently stored firearm andUses it to cause great bodily harm or death | LevelFourth degree felony |
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
It is not a violation if the minor got the firearm from a locked container or a place a reasonable person would believe secure, from the person's own body or immediate control, while locked with a safety device, in self defense, by illegal entry, or with a parent's or guardian's permission for lawful hunting or recreation.
Sources for this section (1)
- NMSA 1978, § 30-7-4.1 — Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.