Legal Question in Civil Rights Law in New Mexico

Hello-

I am in need of an educated answer regarding gun laws in New Mexico.

I pled guilty to a non-violent felony charge about 20 years ago (2nd DUI in 5 years). I have served my sentence and have not had any additional law issues since that time. Nor I do I drink and longer.

I am trying to get a definite answer on the gun laws here in NM. Of course, I see the "No guns for felons" federal law. Then I see that NM restores that right after 10 years has passed since completion of a non-violent felony sentence. Yet, I cannot seem to get a concrete answer on this issue. I certainly don't want to get into any trouble and I definitely am not going to try the "ignorance of the law" angle by choosing the answer I most want to hear.

Is there any clear answer i can get on this.

I thank you for your time, and Happy Holidays.

Doug-


Asked on 11/29/14, 3:32 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The clear answer is that you may never again in your lifetime possess a firearm, ammunition or an explosive device, or the components for such, under federal law. You are termed a "prohibited person" under federal law. New Mexico law is irrelevant. If you are caught with a firearm by the state your case will be almost surely be referred to the feds who pay no attention to NM law on the subject. If you are caught by the feds you are a "felon in possession." There are some scant federal exceptions for antique firearms which are seldom helpful. Air-powered Tasers and non-lethal, non-explosive, alternatives such as pepper spray are not prohibited.

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Answered on 12/07/14, 12:37 pm


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