Section 30-7-16 - Firearms or destructive devices; receipt, transportation or possession by certain persons; penaltyA. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state:(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 degree felony.C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six 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. 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: 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; (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.Laws 1981, ch. 225, § 1; 1987, ch. 202, § 1; 2001, ch. 89, § 1.Amended by 2022, c. 56,s. 26, eff. 5/18/2022.Amended by 2020, c. 54,s. 2, eff. 7/1/2020.Amended by 2019, c. 253,s. 1, eff. 7/1/2019.Amended by 2018, c. 74,s. 4, eff. 7/1/2018.