HB 46 FELON IN POSSESSION OF FIREARM PENALTY

Rep William Rehm

Actions: HPREF [2] not prntd-HRC [4] w/drn-prntd-ref- HCPAC/HJC-HCPAC

Scheduled: Not Scheduled

 House Bill 46 (HB 46) increases the penalty for a felon in possession of a firearm or destructive device to five years imprisonment, creates the second-degree felony for a felon in possession of a firearm or destructive device for a second or subsequent offense, and increases the penalty for a serious violent felon in possession of a firearm or destructive device to a second-degree felony.   

 House Bill 46 (HB 46) amends Sections 30-7-16 and 31-18-15 NMSA 1978 by increasing that the penalties for certain firearm offenses by felons.  

First, the bill increases the penalty for a felon found in possession of a firearm or destructive device from three years to five years imprisonment.

Second, the bill creates the second-degree felony offense for a felon in possession for a second or subsequent offense. This offense carries a nine-year prison sentence.

Third, the bill increases the penalty for a serious violent felon in possession of a firearm or destructive device from a third-degree to a second-degree felony, which carries a penalty of nine years imprisonment. 

The bill also amends the definition of “felon” in the felon in possession of a firearm statute by removing the requirement that less than ten years have passed since the person completed their sentence for a felony conviction.  However, the ten-year limitation on convictions still applies to a “serious violent felon”.  

HB 46 is effective July 1, 2024.  
 

 Currently, the sentence for felon in possession of a firearm is three years imprisonment, and does not treat subsequent offenses differently.  Current law provides that a serious violent felon in possession of a firearm as a third degree felony.   

 HB 46 is related to HB 198 and HB 316