Section 30-7-16 - Firearms or destructive devices; receipt, transportation or possession by a felon; penalty. - New Mexico Statutes

30-7-16. Firearms or destructive devices; receipt, transportation or possession by a felon; penalty.

A.     It is unlawful for a felon to receive, transport or possess any firearm or destructive device in this state.   

B.     Any person violating the provisions of this section shall be guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [31-18-12 NMSA 1978].   

C.     As used in this section:   

(1)     "destructive device" means:   

(a)     any explosive, incendiary or poison gas: 1) bomb; 2) grenade; 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; 5) mine; or 6) similar device;   

(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; and   

(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.   

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;   

(2)     "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 his 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; and   

(3)     "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; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun.