HB 49 — INCREASE FELON FIREARM PENALTY

HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 49 57TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSIONSESSION, , 2026 4 6 8 10 AN ACT RELATING TO CRIME;

INCREASING THE PENALTY FOR A SERIOUS VIOLENT FELON WHO RECEIVES, TRANSPORTS OR POSSESSES A FIREARM OR DESTRUCTIVE DEVICE.

15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.

Section 30-7-16 NMSA 1978 (being Laws 1981, e t 17 Chapter 225, Section 1, as amended) is amended to read:

w l n d 18 "30-7-16.

FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT, = = 19 a l TRANSPORTATION OR POSSESSION BY CERTAIN PERSONS--PENALTY.-- i a e r 20 A.

It is unlawful for the following persons to a t m m 21 receive, transport or possess a firearm or destructive device d r e 22 in this state:

c e s k 23 (1) a felon;

e a n b 24 (2) a person subject to an order of protection u [ pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978;

or .233531.1 HCPAC/HB 49 (3) 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] who violates this section is:

e t 17 (1) for the first offense, guilty of a second w l n d 18 degree felony and, notwithstanding the provisions of Section = = 19 31-18-15 NMSA 1978, shall be sentenced to no less than nine a l i a e r 20 years imprisonment;

and a t m m 21 (2) for the second and subsequent offenses, d r e 22 guilty of a first degree felony.

c e s k 23 D.

Any person subject to an order of protection e a n b 24 pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted u [ of a crime listed in Paragraph (3) of Subsection A of this .233531.1 - 2 - HCPAC/HB 49 section 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 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 e t 17 purposes;

or w l n d 18 (c) any combination of parts either = = 19 designed or intended for use in converting any device into a a l i a e r 20 destructive device as defined in this paragraph and from which a t m m 21 a destructive device may be readily assembled;

d r e 22 (2) the term "destructive device" does not c e s k 23 include any device that is neither designed nor redesigned for e a n b 24 use as a weapon or any device, although originally designed for u [ use as a weapon, that is redesigned for use as a signaling, .233531.1 - 3 - HCPAC/HB 49 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:

(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;