# N.M. Stat. § 30-7-16: Firearms or destructive devices; receipt, transportation or possession by certain persons; penalty > New Mexico · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-16 ## Section - **Citation:** N.M. Stat. § 30-7-16 - **Heading:** Firearms or destructive devices; receipt, transportation or possession by certain persons; penalty - **Jurisdiction:** New Mexico - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NM Code / Chapter 30 / Article 7 / Section 30-7-16 ## Text A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state: (1) a felon; (2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or (3) a person convicted of any of the following crimes: (a) battery against a household member pursuant to Section 30-3-15 NMSA 1978; (b) criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978; (c) a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or (d) a crime listed in 18 U.S.C. 921 . B. A felon found in possession of a firearm shall be guilty of a third degree felony. C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978 , shall be sentenced to a basic term of six years imprisonment. D. Any person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted of a crime listed in Paragraph (3) of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor. E. As used in this section: (1) except as provided in Paragraph (2) of this subsection, “ 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; or (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; (2) 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; (3) “ 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 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; (4) “ 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 or the frame or receiver of any such weapon; and (5) “ serious violent felon ” means a person convicted of an offense enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978; provided that: (a) less than ten years have passed since the person completed serving a sentence or a 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 completed the total term of deferment as provided in Section 31-20-9 NMSA 1978 . ## Nearby sections - [N.M. Stat. § 30-7-1 § 30-7-1. “Carrying a deadly weapon”](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-1.md) - [N.M. Stat. § 30-7-1 § 30-7-1. “Carrying a deadly weapon”](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-1.md) - [N.M. Stat. § 30-7-2 § 30-7-2. Unlawful carrying of a deadly weapon](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-2.md) - [N.M. Stat. § 30-7-2 § 30-7-2. Unlawful carrying of a deadly weapon](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-2.md) - [N.M. Stat. § 30-7-2.1 § 30-7-2.1. Unlawful carrying of a deadly weapon on school premises](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-2.1.md) - [N.M. Stat. § 30-7-2.1 § 30-7-2.1. Unlawful carrying of a deadly weapon on school premises](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-2.1.md) - [N.M. Stat. § 30-7-2.2 § 30-7-2.2. Unlawful possession of a handgun by a person; exceptions; penalty](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-2.2.md) - [N.M. Stat. § 30-7-2.2 § 30-7-2.2. Unlawful possession of a handgun by a person; exceptions; penalty](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-2.2.md) - [N.M. Stat. § 30-7-2.3 § 30-7-2.3. Seizure and forfeiture of a handgun possessed or transported by a person in violation of unlawful possession of a handgun by a person](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-2.3.md) - [N.M. Stat. § 30-7-2.3 § 30-7-2.3. Seizure and forfeiture of a handgun possessed or transported by a person in violation of unlawful possession of a handgun by a person](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-2.3.md) - [N.M. Stat. § 30-7-2.4 § 30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-2.4.md) - [N.M. Stat. § 30-7-2.4 § 30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-2.4.md) - [N.M. Stat. § 30-7-3 § 30-7-3. Unlawful carrying of a firearm in licensed liquor establishments](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A7_S30-7-3.md) - [N.M. Stat. § 30-7-3 § 30-7-3. Unlawful carrying of a firearm in licensed liquor establishments](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-3.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A7_S30-7-16. Check the current official text before relying on it. Not legal advice.