Owning firearms is a constitutional right that many Americans value, especially in states like New Mexico, where gun ownership is prevalent. However, for individuals with felony convictions, this right to a firearm becomes highly restricted, if not completely taken away. The rules surrounding felonies and firearm ownership in New Mexico involve strict regulations enforced by both federal and state laws. Understanding these regulations, the penalties for breaking them, and the options for regaining felon rights to firearms is important for anyone convicted of a felony in New Mexico to know.
Is It Legal for a Convicted Felon to Own a Firearm in New Mexico?
In New Mexico, as in the rest of the United States, individuals convicted of a felony face strict limitations on their ability to own, possess, or purchase firearms. Both federal and state laws enforce these rules, so it is important for individuals convicted of a felony in New Mexico to be fully aware of these restrictions.
Felony Convictions and Firearm Ownership
The Gun Control Act of 1968 restricts gun ownership for individuals convicted of a felony. This law, along with its subsequent amendments codified in 18 U.S.C. § 921 et seq., makes it illegal for felons to possess, receive, ship, or transport firearms or ammunition across state lines, regardless of the type of felony—whether it’s a violent crime, white-collar offense, or drug-related felony. Additionally, the law extends its prohibitions to anyone subject to a domestic violence protective order, further preventing these individuals from legally possessing a firearm.
New Mexico state law aligns with federal guidelines but has its own specific regulations. Under NMSA 1978, § 30-7-16(A), (E)(3), it is illegal for any convicted felon to own or possess a firearm, regardless of the nature of the felony. However, there is an enhanced penalty for those convicted of a serious violent offense, a category that includes many gun-related crimes.New Mexico also imposes a 10-year prohibition on firearm ownership after the completion of the sentence or probation. If a convicted felon is caught with a firearm during this period, they could face serious penalties, including additional felony charges, heavy fines, and lengthy prison sentences.
Federal vs. State Law
While both federal and state laws restrict those with felonies from owning firearms, there are key differences between the two. Felons in New Mexico should be aware of these nuances. Under federal law, the prohibition on firearm possession is usually permanent unless the individual’s rights are restored through a pardon, expungement, or other legal means.
However, New Mexico law offers an automatic restoration of firearm rights after a 10-year period following the completion of the sentence or probation, provided no other prohibitions apply. For felons convicted of certain offenses, clemency or expungement can shorten this waiting period, offering a potential pathway to regaining gun rights sooner. It’s important to note that while state law allows for this restoration, federal restrictions may still apply, and individuals must ensure compliance with both state and federal regulations to avoid serious legal consequences.
Penalties for Felons Possessing Firearms in New Mexico
In New Mexico, the penalties for felons caught possessing firearms are among the most severe legal consequences a convicted individual can face. These laws are designed to protect public safety by preventing individuals with a criminal history from accessing firearms. The penalties reflect the seriousness of a felony offense and the state’s commitment to enforcing these restrictions. Here’s an overview of what felons in New Mexico can expect if they are caught with a firearm.
Criminal Penalties
The criminal penalties for felons possessing firearms in New Mexico are harsh, and can lead to significant prison time and financial consequences.
- Felony Charges: When a felon is caught in possession of a firearm, they will typically face a new felony charge. This charge alone can result in a prison sentence ranging from three to ten years, depending on the circumstances. For example, if the firearm was discovered during a routine traffic stop or an unrelated investigation, the felon could be immediately charged with unlawful possession, leading to arrest and criminal prosecution.
- Enhanced Sentencing: If the felon has a prior conviction related to firearms or other violent offenses, the sentencing can be even more severe. New Mexico’s laws call for enhanced penalties for repeat felony offenders, which means that a felon with a previous gun-related conviction could face up to ten years or more in prison. In such cases, the court may impose the maximum sentence to deter future offenses and to protect the community.
- Additional Charges: If the firearm was used or intended to be used in the commission of another crime, such as assault, robbery, or drug trafficking, the penalties increase significantly. The felon may face multiple charges, each carrying its own penalties, which can be served consecutively. This could result in decades behind bars. For instance, a felon involved in a robbery where a firearm was brandished or used could be charged with both the robbery and illegal possession of the firearm, doubling or tripling the potential prison time.
How Felons Can Restore Their Firearm Rights
Despite the strict prohibitions on firearm possession for those with a felony in New Mexico, there are legal pathways available for restoring these rights. However, this process is neither simple nor guaranteed, requiring a level of understanding of the legal system and the assistance of an experienced criminal defense attorney.
Pathways to Restoration
One of the primary ways someone with a felony can restore their firearm rights in New Mexico is through a gubernatorial pardon. A pardon is an official forgiveness for the crime, and while it does not erase the conviction, it can restore certain rights, including the right to own and possess firearms. To obtain a pardon, the individual convicted of the felony must submit a petition to the Governor of New Mexico, outlining why they believe they deserve to have their rights restored. This process can be lengthy and complex, often requiring the individual to demonstrate that they have been rehabilitated and are no longer a threat to public safety.
Another potential pathway for restoring firearm rights is through the expungement of the felony conviction. Expungement effectively removes the conviction from the individual’s criminal record, which may restore their rights under state law. However, it is important to note that expungement does not necessarily restore firearm rights under federal law, and individuals seeking to regain these rights should consult with an attorney to understand the full implications.
Common Misconceptions About Felonies and Firearm Ownership
Misunderstandings about firearm ownership for someone convicted of a felony can lead to serious legal problems. Below are common misconceptions and the realities behind them:
- Felons Can Own Firearms Once They Complete Their Sentence
Reality: Felons do not automatically regain firearm rights after completing their sentence or probation. Under federal law, firearm ownership is permanently prohibited unless rights are restored through a legal process. In New Mexico, felons must wait at least 10 years after completing their felony sentence before they can even apply for restoration.
Example: A felon who has served their time assumes they can buy a gun, but without restoration, this would result in another felony charge. - Non-Violent Felons Are Exempt from Firearm Restrictions
Reality: All felons, regardless of the nature of their crime, are prohibited from owning firearms under federal law.
Example: A person convicted of tax fraud, a non-violent crime, is equally barred from possessing a firearm as someone convicted of armed robbery. - State Laws Always Override Federal Restrictions
Reality: Federal law takes precedence over state law when it comes to firearm possession by felons. Even if a state law appears more lenient, federal law still applies.
Example: A felon in a state with lenient firearm laws purchases a gun, only to face federal prosecution for illegal possession. - Felons Can Legally Own Antique or Black Powder Firearms
Reality: While some states may allow felons to own antique or black powder firearms, federal law generally prohibits anyone with a felony from possessing these weapons.
Example: A felon buys a black powder rifle thinking it is legal, but federal law still considers it a firearm, potentially leading to criminal charges. - Pardon or Expungement Automatically Restores All Rights
Reality: Even with a pardon or expungement, firearm rights are not automatically restored; a separate legal process is required.
Example: A felon with an expunged record buys a gun without completing the necessary restoration process and faces legal consequences.
Understanding these misconceptions can be beneficial for anyone with a felony conviction to avoid unintended legal violations. Felons should seek legal advice to fully understand their rights and responsibilities regarding firearm ownership to prevent legal repercussions.
Regaining Your Rights: Legal Support After a Felony Conviction
New Mexicans with felony convictions face significant hurdles when it comes to firearm ownership, but there are pathways available for some individuals to restore their gun rights. For those seeking to rebuild their lives after a felony conviction, understanding the full scope of your rights and the limitations imposed by your conviction is essential. If you’re looking to regain your firearm rights or to better understand your civil rights, consult with a criminal defense attorney in New Mexico who can help you navigate these challenges more effectively, ensuring that you take the right steps to move forward.
Contact New Mexico Legal Group today to learn more about your rights and to receive the legal assistance you need. With the support of our team, you can take meaningful steps toward restoring your rights and moving forward with your life.