HOUSE BILL 198

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Dayan Hochman-Vigil

 

 

 

 

 

AN ACT

RELATING TO CRIME; INCREASING THE PENALTY FOR A FELON AND A SERIOUS VIOLENT FELON FOUND IN POSSESSION OF A FIREARM; PROVIDING THAT A PERSON CONVICTED OF POSSESSION OF A FIREARM OR DESTRUCTIVE DEVICE IS NOT ELIGIBLE FOR EARNED MERITORIOUS DEDUCTIONS.

 

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

                (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] second degree felony and shall be sentenced to a minimum term of nine years imprisonment.

          C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a [third] second degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of [six] twelve 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) of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor.

          E. A person convicted under this section is not eligible for earned meritorious deductions pursuant to Section 33-2-34 NMSA 1978.

          [E.] F. 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 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:

                     (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."

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