What Disqualifies You from Owning a Gun in New Mexico?
In the state of New Mexico, the possession and ownership of firearms are regulated by the New Mexico Statutes Annotated (NMSA) and the New Mexico Administrative Code (NMAC). While the Second Amendment to the United States Constitution guarantees the right to keep and bear arms, there are certain individuals who are prohibited from owning or possessing firearms in New Mexico. In this article, we will explore what disqualifies you from owning a gun in New Mexico.
Federal Disqualifications
Before we dive into the state-specific disqualifications, it’s essential to understand the federal laws that apply to gun ownership in New Mexico. The federal government prohibits certain individuals from owning or possessing firearms, including:
• Felons: Individuals who have been convicted of a felony are prohibited from owning or possessing firearms under federal law.
• Mental Defectives: Individuals who have been adjudicated as mentally defective or who have been committed to a mental institution are prohibited from owning or possessing firearms.
• Illegal Aliens: Undocumented immigrants are prohibited from owning or possessing firearms under federal law.
• Domestic Abusers: Individuals who have been convicted of domestic violence or who have been subject to a restraining order are prohibited from owning or possessing firearms.
State Disqualifications
In addition to the federal disqualifications, the state of New Mexico has its own set of laws that prohibit certain individuals from owning or possessing firearms. These disqualifications include:
• Felons: Like federal law, New Mexico state law prohibits individuals who have been convicted of a felony from owning or possessing firearms.
• Mental Health Commitments: Individuals who have been committed to a mental institution or who have been adjudicated as mentally defective are prohibited from owning or possessing firearms in New Mexico.
• Domestic Abusers: New Mexico state law prohibits individuals who have been convicted of domestic violence or who have been subject to a restraining order from owning or possessing firearms.
• Stalking: Individuals who have been convicted of stalking are prohibited from owning or possessing firearms in New Mexico.
• Reckless Endangerment: Individuals who have been convicted of reckless endangerment are prohibited from owning or possessing firearms in New Mexico.
• Drug-Related Offenses: Individuals who have been convicted of certain drug-related offenses, such as drug trafficking or drug possession with intent to distribute, are prohibited from owning or possessing firearms in New Mexico.
Other Disqualifications
In addition to the above disqualifications, there are other circumstances that may prevent an individual from owning or possessing a firearm in New Mexico. These include:
• Adjudication as a Mentally Defective Person: Individuals who have been adjudicated as mentally defective are prohibited from owning or possessing firearms in New Mexico.
• Involuntary Commitment: Individuals who have been involuntarily committed to a mental institution are prohibited from owning or possessing firearms in New Mexico.
• Conviction of a Misdemeanor Crime of Domestic Violence: Individuals who have been convicted of a misdemeanor crime of domestic violence are prohibited from owning or possessing firearms in New Mexico.
• Conviction of a Crime Involving the Use or Threat of Physical Force: Individuals who have been convicted of a crime involving the use or threat of physical force are prohibited from owning or possessing firearms in New Mexico.
Consequences of Illegal Gun Ownership
It’s essential to understand the consequences of illegal gun ownership in New Mexico. If you are found to be in possession of a firearm despite being disqualified, you may face:
• Criminal Charges: You may be charged with a felony or misdemeanor offense, depending on the circumstances.
• Fine and/or Imprisonment: You may be fined and/or imprisoned for a period of time.
• Loss of Gun Rights: You may lose your right to own or possess a firearm in New Mexico and potentially at the federal level.
• Civil Liability: You may be held civilly liable for any harm caused by your illegal gun ownership.
Conclusion
In conclusion, owning a gun in New Mexico is a serious responsibility that comes with certain rights and obligations. While the Second Amendment guarantees the right to keep and bear arms, there are certain individuals who are prohibited from owning or possessing firearms in New Mexico. By understanding what disqualifies you from owning a gun in New Mexico, you can ensure that you are in compliance with state and federal laws and avoid the consequences of illegal gun ownership.
Table: Disqualifications for Gun Ownership in New Mexico
| Disqualification | Federal | State |
|---|---|---|
| Felon | ||
| Mental Defectives | ||
| Illegal Aliens | ||
| Domestic Abusers | ||
| Stalking | ||
| Reckless Endangerment | ||
| Drug-Related Offenses | ||
| Adjudication as a Mentally Defective Person | ||
| Involuntary Commitment | ||
| Conviction of a Misdemeanor Crime of Domestic Violence | ||
| Conviction of a Crime Involving the Use or Threat of Physical Force |
Note: The table above is not exhaustive and is intended to provide a general overview of the disqualifications for gun ownership in New Mexico. It is essential to consult with a qualified attorney or law enforcement officer for specific guidance on gun ownership laws in New Mexico.
