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.

- 6 -