Who Cannot Have a Gun
Section 30-7-16 — a felon, or a person under an order of protection; a third degree felony for a felon
A felon, a person subject to an order of protection under the Family Violence Protection Act, and a person convicted of certain listed crimes may not receive, transport or possess a firearm or destructive device. A felon found in possession is guilty of a third degree felony, and a serious violent felon is sentenced to a basic term of six years.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
A person under nineteen who knowingly possesses or transports a handgun commits a misdemeanor, except at a safety course or lawful shooting activity, target shooting at an authorized range, an organized competition, lawful hunting, traveling unloaded to or from those, or on land a parent, grandparent or guardian controls under their supervision.
Selling a firearm without a federal instant background check is a misdemeanor. A seller without a federal firearms license arranges for a licensee to run the check, who may charge up to $35. Sales between immediate family members, to or by licensees, and to law enforcement are excepted.
Sources for this section (3)
- NMSA 1978, § 30-7-16 — Firearms or destructive devices; receipt, transportation or possession by certain persons; penalty
- NMSA 1978, § 30-7-2.2 — Unlawful possession of a handgun by a person; exceptions; penalty
- NMSA 1978, § 30-7-7.1 — Unlawful sale of a firearm without a background check
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.