The bill amends Section 31-18-16 of the New Mexico Statutes to increase the penalties associated with the use, brandishing, or discharge of a firearm during certain criminal activities. Specifically, the basic sentence of imprisonment for offenses involving a firearm will be increased by two years for its use in drug transactions or serious violent offenses, six years for brandishing during noncapital felonies, and ten years for discharging a firearm in the same context. Additionally, for second or subsequent offenses, the penalties are similarly increased to ten years, with provisions for serious youthful offenders allowing for lesser increases.

The bill also clarifies the definitions of terms related to firearm offenses and establishes that firearms used in these crimes are subject to seizure and forfeiture. The amendments include the removal of previous penalty durations, such as one year for firearm use, three years for brandishing, and five years for discharge, replacing them with the new, harsher penalties. The bill aims to enhance the legal consequences for individuals who commit crimes involving firearms, thereby promoting public safety.

Statutes affected:
introduced version: 31-18-16