SB 167 raises the penalty for unlawfully carrying a deadly weapon on school premises from a fourth-degree felony to a third-degree felony, resulting in harsher sentencing for this offense. It clarifies the definition of "school premises" to include school buses, playgrounds, parking areas, and other public spaces where school activities are held. The bill directly affects individuals who carry weapons in these areas without one of the specified exceptions, such as school security personnel, students in authorized programs, or persons in private vehicles for lawful protection. This change modifies the criminal penalty without altering the list of allowed exceptions for carrying weapons.
HB 228 creates a new third-degree felony offense for carrying a firearm while trafficking controlled substances, defined as violating existing drug trafficking laws (Section 30-31-20 NMSA 1978). It directly affects individuals convicted of drug trafficking who also possess a firearm during the crime. The bill specifies that "firearm" includes any weapon designed to expel a projectile or its frame/receiver. Violators face sentencing under existing felony penalties (Section 31-18-15 NMSA 1978) and the law takes effect July 1, 2026. This amendment does not change drug trafficking laws but adds a separate penalty for firearm possession during such offenses.
HB 163 designates specific felony offenses, including murder, sexual assault, kidnapping, and firearm-related crimes, as "dangerous or violent" for bail hearings. For defendants charged with these offenses, the court must presume that releasing them would not protect the community, requiring the defendant to prove by more likely than not that they can be safely released. The bill lists 15 categories of offenses, such as first-degree murder, certain sexual penetrations, and aggravated assault on peace officers, directly affecting individuals charged with these crimes. It would take effect only after a constitutional amendment is approved by voters, which must be enacted to implement the bail presumption.
HB 49 increases penalties for felons who receive, transport, or possess firearms or destructive devices in New Mexico. It specifically raises the penalty for first-time felon firearm possession from a third-degree felony to a second-degree felony, and to a first-degree felony for repeat offenses. The bill applies directly to individuals convicted of felonies who have not completed their sentence, probation, or received a pardon within the past ten years. Key provisions clarify definitions of "serious violent felon" and "destructive device" while raising criminal charges for violations. This policy change aims to strengthen restrictions on firearm access for certain convicted individuals.
HB 197 increases penalties for stealing firearms by reclassifying the theft of a firearm valued under $2,500 from a fourth degree felony to a third degree felony. This change means individuals convicted of stealing such firearms would face more severe prison sentences than under current law. The bill directly affects people who commit firearm theft in New Mexico, specifically targeting cases involving firearms worth less than $2,500.
HB 146 increases penalties for individuals with felony convictions who possess firearms or destructive devices. For a first offense, it raises the penalty to five years in prison (previously a general third-degree felony without a specified term). It also creates a new second-offense penalty of nine years for repeat offenders, applying specifically to those convicted of felonies within the past decade. The bill directly affects people with recent felony convictions who unlawfully possess firearms, including those convicted of certain violent crimes or under protection orders.
HB 25 prohibits adults who received a juvenile disposition for a firearm-related offense (that would be a felony if committed by an adult) from possessing firearms or destructive devices. It treats such juvenile dispositions as criminal convictions for the purpose of firearm background checks, requiring law enforcement to access these juvenile records during background screenings. The bill directly affects adults with these specific juvenile court records, preventing them from legally obtaining or possessing firearms. Key mechanisms include amending firearm possession laws to include this category of individuals and mandating access to juvenile delinquency records during background checks. The law does not change juvenile sentencing but alters how past firearm-related juvenile cases impact adult firearm rights.
HB 196 increases penalties for receiving stolen firearms in New Mexico by lowering the value threshold that triggers a felony charge. Currently, receiving stolen property valued over $2,500 is a third-degree felony, but this bill makes receiving a stolen firearm a third-degree felony regardless of its value (even under $2,500). It directly affects individuals who knowingly receive, retain, or dispose of a stolen firearm, including dealers who might acquire firearms at suspiciously low prices or in bulk. The change specifically targets firearm-related thefts by making the offense more severe compared to other stolen property. The bill is currently under review by the House Consumer & Public Affairs and Judiciary Committees.
SB 160 would increase prison sentences for certain firearm-related crimes in New Mexico. If a court finds a firearm was used, brandished, or discharged during a noncapital felony (like drug trafficking or aggravated burglary), it would add 2 to 10 years to the base sentence - doubling prior penalties. This applies to people convicted of offenses involving firearms, requiring separate court findings about the firearm's role. The bill mandates jury consideration for these findings in certain cases and includes provisions for firearm forfeiture. The bill is currently under review by Senate committees.
