Firearms: Receipt, Possession By Felon
Legal Definition
A person commits receipt or possession of a firearm by a felon when, having been convicted of a felony offense, they knowingly receive, transport, or possess any firearm. This prohibition applies to individuals with prior felony convictions under New Mexico law or the law of any other jurisdiction. Receipt, possession, or transport of a firearm by a felon is a third degree felony.
Possible Punishment
Felon in possession of a firearm is a third degree felony punishable by up to 3 years imprisonment and a fine of up to $5,000.
Local Context
The statute creates a categorical prohibition for convicted felons, regardless of the time elapsed since conviction or completion of sentence. The offense focuses on the status of the possessor rather than the manner of possession. Federal law under 18 U.S.C. § 922(g) contains parallel prohibitions that may result in separate federal charges. Some felons may seek restoration of firearm rights through pardon or other legal mechanisms, but absent such restoration, any firearm possession remains criminal.
Weapons Cases in Doña Ana County
New Mexico is a permissive state for lawful gun ownership, so most weapons bookings involve a status or conduct problem: a felon in possession, negligent use of a deadly weapon, or a firearm surfacing during another arrest. A prior felony conviction converts otherwise-legal possession into a new felony, and federal prosecution is possible for repeat offenders.
Weapons counts also work as enhancers. Brandishing during an argument can turn simple assault into aggravated assault, and a firearm in a drug case raises both the charges and the odds that prosecutors seek pretrial detention.
Related Guides
Misdemeanor vs. Felony in New Mexico: Sentences, Courts, and Consequences
How New Mexico separates petty misdemeanors, misdemeanors, and felony degrees: sentence ranges, jail vs. prison, habitual enhancements, and collateral costs.
Bail in New Mexico: Why There Is (Mostly) No Cash Bail Anymore
New Mexico voters ended most cash bail in 2016. How pretrial release, bond conditions, and no-bail detention actually work in Doña Ana County courts.
Recent Arrests for This Charge (11)
Las Cruces Man, 39, Faces Felony Assault and Firearm Possession Charges
CARLOS LOPEZ | 6 charges
Alamogordo Man, 27, Booked on Felony Firearm and Battery Charges
ANDREW SIMPSON | 3 charges
Las Cruces Man, 39, Charged with Possession of Controlled Substance
HECTOR ANDRADE | 4 charges
Las Cruces Man, 42, Charged with Failure to Appear
ANTHONY OVEIDE | 6 charges
Las Cruces Man Faces Two Felony Counts of Firearm Possession by a Felon
JOSE SALAZAR | 1 charge
Las Cruces Man Faces Felony Firearms and Aggravated Assault Charges in Organ
JONATHAN GALVAN | 2 charges
Las Cruces Man, 39, Booked on Stolen-Firearm, Felon-in-Possession Counts
JORGE GONZALEZ | 5 charges
Mesquite Man Jose Luis Chavez, 20, Held on $100k Bond in Las Cruces Shooting Case
JOSE CHAVEZ | 3 charges
Las Cruces Man, 33, Booked on Burglary, Felon-in-Possession and Warrant Counts
DEREK CHAVEZ | 14 charges
Artesia Man, 38, Sentenced for Possession of a Firearm by a Felon
BRIAN TAYLOR | 1 charge
Las Cruces Man, 42, Booked on First-Degree Murder and Firearm Charges
SAUL CAMARENA | 2 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.