Gun laws in New Mexico are strict when it comes to felons possessing firearms. A prior felony conviction can lead to severe legal consequences if a person is caught with a gun. Understanding these penalties helps prevent lengthy prison sentences and additional charges. Even a single mistake can result in years behind bars, making it necessary for individuals with felony convictions to understand their rights and restrictions.
Is it illegal for felons to have firearms?
Yes, New Mexico law prohibits felons from owning, possessing, or controlling a firearm. This includes handguns, rifles, and shotguns. The law applies to individuals convicted of any felony, whether violent or non-violent. Even if the firearm is not used, simply being in possession of one is enough to face charges. Additionally, possession of ammunition alone can also lead to prosecution, further limiting access to firearms for those with past felony convictions.
What are the penalties for felons with firearms?
A felon caught with a firearm in New Mexico can face a fourth-degree felony charge. This carries a prison sentence of up to 18 months and fines reaching $5,000. If the felony involved violence, the penalty increases to a third-degree felony. This can lead to up to three years in prison and higher fines.
Federal charges may also apply. Under federal law, a felon in possession of a firearm can face up to 10 years in prison. If the person has three or more previous violent felony convictions, the penalty increases to a mandatory minimum of 15 years in federal prison.
How can felons restore their firearm rights?
In some cases, felons may be able to restore their firearm rights through a pardon or legal petition. However, this process is difficult and requires meeting strict legal requirements. A person seeking to regain firearm rights must provide strong evidence of rehabilitation and legal eligibility. Even with a pardon, federal restrictions may still apply, creating additional barriers for those trying to regain their Second Amendment rights.
Felony firearm possession is a serious offense in New Mexico. Those convicted can face significant prison time and hefty fines. Understanding the law and its consequences can help individuals avoid legal trouble and make informed decisions about their actions.