HOUSE BILL 306
56th legislature - STATE OF NEW MEXICO - first session, 2023
T. Ryan Lane and Andrea Reeb and Raymundo Lara and
William "Bill" R. Rehm
RELATING TO CRIME; PROHIBITING THE UNLAWFUL PURCHASE OF A FIREARM FOR ANOTHER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] UNLAWFUL PURCHASE OF A FIREARM FOR ANOTHER.--
A. Unlawful purchase of a firearm for another consists of a person who knowingly purchases or conspires to purchase any firearm for, on behalf of or at the request or demand of another person, knowing that the other person:
(1) is a felon;
(2) is otherwise prohibited from possessing a firearm by any law of the United States, any other state or a political subdivision thereof;
(3) intends to use, carry, possess, sell or otherwise transfer possession of the firearm in furtherance of any felony or misdemeanor; or
(4) intends to sell or otherwise transfer possession of the firearm to any other person prohibited by law.
B. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other section of the Criminal Code.
C. Whoever commits unlawful purchase of a firearm for another is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act.
D. As used in this section, "felon" means a person convicted of a felony offense by a court of the United States or any state or political subdivision, 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.
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