The bill amends Section 30-7-16 of the New Mexico Statutes to increase the penalties for serious violent felons who receive, transport, or possess firearms or destructive devices. Under the new provisions, a serious violent felon found in possession of a firearm will be guilty of a second-degree felony for a first offense, with a mandatory minimum sentence of nine years imprisonment. For any subsequent offenses, the individual will be charged with a first-degree felony. This represents a significant increase in penalties compared to the previous law, which classified such an offense as a third-degree felony with a maximum sentence of six years.

Additionally, the bill clarifies the definitions of key terms such as "felon," "firearm," and "serious violent felon," ensuring that the law is precise in its application. The definitions stipulate conditions under which a person is considered a felon or a serious violent felon, including time since completion of their sentence and whether they have been pardoned or received a deferred sentence. The bill aims to enhance public safety by imposing stricter consequences on individuals with serious violent felony convictions who unlawfully possess firearms or destructive devices.

Statutes affected:
introduced version: 30-7-16
CP substitute: 30-7-16