Q: Firearm ownership in new Mexico
I legally bought a rifle and shotgun in 1978; in 2009 I was convicted of nonviolent felony, sentenced to 8 months, completed sentence in May 2010;
May I legally have the firearms, in my home, in new Mexico? If not, is there a way to legally do so?
Keep in mind- rifles, not handguns, legally purchased by me in 1978, no felony records at the time.
A: No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16.
This same statute defines a "felon" using the following language:
“[F]elon” 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; and
So, based on what you said, it is NOT legal for you to own a gun until at least June 2020 (10 years and one day after you were released from jail). Plus, if you were "on probation" after you left jail, it seems the relevant "10 years" does not elapse until 10 years after your final PROBATION date.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.