HOUSE BILL 267
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
Javier Martínez
AN ACT
RELATING TO FIREARMS AND DESTRUCTIVE DEVICES; PROHIBITING THE POSSESSION OF FIREARMS OR DESTRUCTIVE DEVICES BY A VIOLENT MISDEMEANANT.
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 OR VIOLENT MISDEMEANANT--PENALTY.--
A. It is unlawful for a felon or a violent misdemeanant 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 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-fourth ounce; 5) mine; or 6) similar device;
(b) any type of weapon by whatever name known that will, or 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 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 this paragraph and from which a destructive device may be readily assembled.
The term "destructive device" does not include any device that is neither designed nor redesigned for use as a weapon or any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;
(2) "felon" means a person convicted of a felony offense 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] 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; [and]
(3) "firearm" means any weapon 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; and
(4) "violent misdemeanant" means a person who has been convicted of one of the following offenses:
(a) assault, as provided in Section 30-3-1 NMSA 1978;
(b) battery, as provided in Section 30-3-4 NMSA 1978;
(c) misdemeanor aggravated battery, as provided in Section 30-3-5 NMSA 1978;
(d) assault upon a school employee, as provided in Section 30-3-9 NMSA 1978;
(e) assault upon a sports official, as provided in Section 30-3-9.1 NMSA 1978;
(f) battery upon a sports official, as provided in Section 30-3-9.1 NMSA 1978;
(g) assault upon a health care worker, as provided in Section 30-3-9.2 NMSA 1978;
(h) assault against a household member, as provided in Section 30-3-12 NMSA 1978;
(i) battery against a household member, as provided in 30-3-15 NMSA 1978;
(j) misdemeanor aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;
(k) misdemeanor criminal damage to the property of a household member, as provided in Section 30-3-18 NMSA 1978;
(l) deprivation of the property of a household member, as provided in Section 30-3-18 NMSA 1978;
(m) harassment, as provided in Section 30-3A-2 NMSA 1978;
(n) misdemeanor stalking, as provided in Section 30-3A-3 NMSA 1978;
(o) unlawful carrying of a deadly weapon, as provided in Section 30-7-2 NMSA 1978;
(p) unlawful possession of a handgun by a person, as provided in Section 30-7-2.2 NMSA 1978;
(q) unlawful carrying of a firearm on university premises, as provided in Section 30-7-2.4 NMSA 1978;
(r) negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA 1978;
(s) negligent use of explosives, as provided in Section 30-7-6 NMSA 1978;
(t) misdemeanor unlawful sale, possession or transportation of explosives, as provided in Section 30-7-7 NMSA 1978;
(u) unlawful possession of switchblades, as provided in Section 30-7-8 NMSA 1978;
(v) a misdemeanor violation of the Bus Passenger Safety Act;
(w) enticement of child, as provided in Section 30-9-1 NMSA 1978;
(x) indecent exposure, as provided in Section 30-9-14 NMSA 1978;
(y) misdemeanor voyeurism, as provided in Section 30-9-20 NMSA 1978;
(z) disturbing lawful assembly, as provided in Section 30-13-1 NMSA 1978;
(aa) misdemeanor criminal damage to property, as provided in Section 30-15-1 NMSA 1978;
(bb) injuring or tampering with a motor vehicle, as provided in Section 30-16D-5 NMSA 1978;
(cc) misdemeanor arson, as provided in Section 30-17-5 NMSA 1978;
(dd) misdemeanor cruelty to animals, as provided in Section 30-18-1 NMSA 1978;
(ee) misdemeanor injury to a police dog, police horse or fire dog, as provided in Section 30-18-13 NMSA 1978;
(ff) disorderly conduct, as provided in Section 30-20-1 NMSA 1978;
(gg) public affray, as provided in Section 30-20-2 NMSA 1978;
(hh) misdemeanor use of telephone to terrify, intimidate, threaten, harass, annoy or offend, as provided in Section 30-20-12 NMSA 1978;
(ii) misdemeanor interference with members of staff, public officials or the general public, as provided in Section 30-20-13 NMSA 1978; or
(jj) assault upon a peace officer, as provided Section in 30-22-21 NMSA 1978."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.
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