HB496 amends New Mexico’s firearms-possession statute to increase the criminal penalty for a felon who is found in possession of a firearm. Under current law, a felon in possession of a firearm is generally guilty of a third-degree felony; the bill replaces that penalty with a second-degree felony for a first offense and a first-degree felony for second and subsequent offenses. The bill leaves in place the existing prohibitions on firearm or destructive-device possession by other covered persons, including people subject to certain protection orders and people convicted of specified domestic-violence-related or stalking offenses.
The bill also retains and restates the statute’s definitions of “firearm,” “destructive device,” “felon,” and “serious violent felon,” including the ten-year lookback period and exceptions for pardons and deferred sentences. In practical terms, HB496 would make firearm possession by prohibited felons a much more serious offense under New Mexico law, increasing potential prison exposure and strengthening enforcement against repeat offenders.
Impact
HB496 would amend Section 30-7-16 NMSA 1978, raising the felony classification for prohibited firearm possession by felons from a third-degree felony to a second-degree felony on a first offense and a first-degree felony on repeat offenses. It would not change the underlying prohibition on possession by felons, persons under certain protection orders, or persons convicted of specified offenses, but it would significantly increase sentencing exposure for felons who violate the statute. The bill would also preserve the existing misdemeanor penalty for certain non-felon prohibited persons and keep the statute’s definitional framework intact.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the overall sentiment appears to be straightforwardly punitive and enforcement-oriented. The bill’s caption and structure suggest a policy goal of tougher penalties for firearm possession by felons, with no evidence in the record provided of amendments, opposition, or compromise language. Because no transcripts or vote history are included, there is no documented split in sentiment to report.
Contention
The main policy issue raised by HB496 is the severity of punishment for felons who possess firearms. Supporters would likely view the bill as a public-safety measure aimed at deterring armed recidivism and addressing violent crime, while critics could argue that increasing the offense from a third-degree to a second- or first-degree felony may be overly harsh, expand incarceration, and reduce sentencing flexibility. The bill also distinguishes between felons and other prohibited persons, leaving misdemeanors in place for some categories, which could be a point of discussion about proportionality and consistency in the firearms code.