Legal Question in Criminal Law in New Mexico
I was covicted in 1995 of Larceny from a building for stealing a backpack while I was in college. I have since joined the military and have been in for about ten years. I am currently stationed in New Mexico. New Mexico state firearm laws state that a felon can posses a firearm after ten years of thecrime or completion of probation/parole. Federal frirearm laws say that any felon can't posses a firearm. Do you know if I can posses a shotgun?
1 Answer from Attorneys
No. You are termed a "prohibited person" under federal law, which trumps state law including NM. Without a Presidential pardon, you may never again possess any explosive device, including a firearm, ammunition, etc. There are certain antique weapons manufactured prior to 1886 which you may possess, but they are quite rare and not available to the average person, and not suitable for anything other than to look at. Do not risk another felony conviction, particularly a federal felony. You may not possess a shotgun in NM by virtue of federal law, and anyone telling you otherwise is misleading you to serious consequences. If you are compelled to go hunting, take up bow/arrow hunting. You can still do that.
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