45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL LAW; AMENDING THE DEFINITION OF FELON FOR THE PURPOSES OF A SECTION OF LAW THAT MAKES IT UNLAWFUL FOR A FELON TO RECEIVE, TRANSPORT OR POSSESS A FIREARM OR DESTRUCTIVE DEVICE; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-7-16 NMSA 1978 (being Laws 1981, Chapter 225, Section 1, as amended) is amended to read:

"30-7-16. FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT, TRANSPORTATION OR POSSESSION BY A FELON--PENALTY.--

A. It is unlawful for a felon to receive, transport or possess any firearm or destructive device in this state.

B. Any person violating the provisions of this section shall be guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act.

C. As used in this section:

(1) ["destructive devices"] "destructive device" means:

(a) any explosive, incendiary or poison gas: 1) bomb; 2) grenade; 3) rocket having a propellant charge of more than four ounces; 4) missile having an explosive or incendiary charge of more than [one-quarter] one-fourth ounce; 5) mine; or 6) similar device; [and]

(b) any type of weapon by whatever name known [which] that will, or [which] that may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell [which] that is generally recognized as particularly suitable for sporting purposes; and

(c) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in [Paragraphs (l) and (2)] this paragraph and from which a destructive device may be readily assembled.

The term "destructive device" [shall] does not include any device [which] that is neither designed nor redesigned for use as a weapon or any device, although originally designed for use as a weapon, [which] that is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;

(2) "felon" means [a person who has been convicted in the preceding ten years by a court of the United States or of any state or political subdivision thereof to a sentence of death or one or more years imprisonment and has not been pardoned of the conviction by the appropriate authority] a person convicted of a felony offense, whether the offense was deferred or not, by a court of the United States or of any state or political subdivision thereof and:

(a) less than ten years have passed since the person completed serving his sentence or period of probation for the felony conviction, whichever is later; and

(b) the person has not been pardoned for the felony conviction by the proper authority; and

(3) "firearm" means any weapon [which] that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.