What Disqualifies You From Owning a Gun in New Mexico?
What Disqualifies You From Owning A Gun In New Mexico?
The right to bear arms is a fundamental right protected by the Second Amendment of the United States Constitution. However, there are certain circumstances in which a person may be disqualified from owning a gun in New Mexico. These include being convicted of a felony, being a fugitive from justice, being a drug user or addict, being adjudicated as mentally incompetent, or being a member of a prohibited organization.
In this article, we will discuss the specific disqualifying factors in New Mexico, as well as the process for appealing a gun possession denial. We will also provide information on how to legally obtain a gun in New Mexico.
Specific Disqualifying Factors in New Mexico
The following are the specific disqualifying factors for owning a gun in New Mexico:
- Being convicted of a felony. This includes any crime punishable by imprisonment for a term of more than one year.
- Being a fugitive from justice. This means being charged with a crime in another state and failing to appear for court.
- Being a drug user or addict. This includes being addicted to or abusing any controlled substance.
- Being adjudicated as mentally incompetent. This means being declared by a court to be incapable of managing your own affairs or making sound decisions.
- Being a member of a prohibited organization. This includes being a member of any group that advocates violence or overthrow of the government.
Appealing a Gun Possession Denial
If you are denied a gun possession permit in New Mexico, you have the right to appeal the decision. The appeal process will vary depending on the county in which you live. However, generally speaking, you will need to file a written appeal with the county sheriff’s office. The sheriff’s office will then review your appeal and make a final decision.
If you are still denied a gun possession permit after appealing the decision, you may be able to file a lawsuit in state court. However, you should be aware that the legal process can be lengthy and expensive.
Legally Obtaining a Gun in New Mexico
If you are not disqualified from owning a gun in New Mexico, you can legally obtain a gun by following these steps:
1. Complete a firearms safety course. This course will teach you about the safe handling and storage of firearms.
2. Apply for a gun permit. You will need to submit a completed application to the sheriff’s office in your county. The application fee is $25.
3. Pass a background check. The sheriff’s office will conduct a background check to ensure that you are not disqualified from owning a gun.
4. Pick up your gun permit. Once your background check is complete, you will be able to pick up your gun permit from the sheriff’s office.
Owning a gun is a serious responsibility. It is important to be aware of the disqualifying factors in New Mexico and to follow the legal process for obtaining a gun. By doing so, you can help to keep yourself and others safe.
What Disqualifies You From Owning A Gun In New Mexico?
| Disqualification | Explanation | Source |
|—|—|—|
| Conviction of a felony | A felony conviction is a disqualifying offense in New Mexico. | [New Mexico Criminal Code, Section 30-7-2](https://nmcriminaldefense.com/nm-criminal-code-section-30-7-2/) |
| Addiction to controlled substances | A person who is addicted to a controlled substance is disqualified from owning a gun in New Mexico. | [New Mexico Criminal Code, Section 30-7-3](https://nmcriminaldefense.com/nm-criminal-code-section-30-7-3/) |
| Mental illness | A person who has been adjudicated mentally ill is disqualified from owning a gun in New Mexico. | [New Mexico Criminal Code, Section 30-7-4](https://nmcriminaldefense.com/nm-criminal-code-section-30-7-4/) |
In New Mexico, there are a number of disqualifying factors that can prevent you from owning a gun. These factors are both federal and state law. Federal law sets the minimum standards for gun ownership, and states can add additional restrictions.
This article will discuss the federal and state disqualifying factors for owning a gun in New Mexico. It will also provide information on how to appeal a disqualification.
Federal Disqualifications
The federal government has a number of disqualifying factors for owning a gun. These factors are found in Title 18 of the United States Code, Section 922.
The following are the federal disqualifying factors for owning a gun in New Mexico:
- Conviction of a felony
- Adjudication as a mental defective
- Domestic violence conviction
- Protection order against domestic violence
- Being a fugitive from justice
- Unlawful drug use
- Being an alien illegally in the United States
Conviction of a Felony
The most common federal disqualifying factor for owning a gun is a conviction of a felony. A felony is a serious crime, such as murder, rape, or robbery.
If you have been convicted of a felony, you are prohibited from owning a gun for the rest of your life. This is true even if you have been pardoned or had your conviction expunged.
Adjudication as a Mental Defective
Another federal disqualifying factor for owning a gun is being adjudicated as a mental defective. This means that a court has found you to be mentally ill and unable to manage your own affairs.
If you have been adjudicated as a mental defective, you are prohibited from owning a gun for five years. After five years, you can apply to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for a waiver.
Domestic Violence Conviction
A domestic violence conviction is also a federal disqualifying factor for owning a gun. A domestic violence conviction is a conviction for a crime of violence against a spouse, ex-spouse, or dating partner.
If you have been convicted of domestic violence, you are prohibited from owning a gun for five years. After five years, you can apply to the ATF for a waiver.
Protection Order Against Domestic Violence
A protection order against domestic violence is also a federal disqualifying factor for owning a gun. A protection order is a court order that prohibits you from contacting or harassing a spouse, ex-spouse, or dating partner.
If you have a protection order against you, you are prohibited from owning a gun for the duration of the order.
Being a Fugitive from Justice
Being a fugitive from justice is also a federal disqualifying factor for owning a gun. A fugitive from justice is someone who is wanted by the law for a crime.
If you are a fugitive from justice, you are prohibited from owning a gun until you turn yourself in to the police.
Unlawful Drug Use
Unlawful drug use is also a federal disqualifying factor for owning a gun. Unlawful drug use is defined as using, possessing, or distributing a controlled substance without a prescription.
If you have been convicted of unlawful drug use, you are prohibited from owning a gun for one year. After one year, you can apply to the ATF for a waiver.
Being an Alien Illegally in the United States
Being an alien illegally in the United States is also a federal disqualifying factor for owning a gun. If you are an alien illegally in the United States, you are prohibited from owning a gun.
State Disqualifications
In addition to the federal disqualifying factors, New Mexico also has a number of state disqualifying factors for owning a gun. These factors are found in New Mexico Statutes Annotated, Section 30-7-1.
The following are the state disqualifying factors for owning a gun in New Mexico:
- Being a member of a prohibited organization
- Being under indictment for a felony
- Being a habitual drunkard
- Having a restraining order against you
- Being a fugitive from justice
- Being an alien illegally in the United States
Being a Member of a Prohibited Organization
One of the state disqualifying factors for owning a gun in New Mexico is being a member of a prohibited organization. A prohibited organization is an organization that advocates for the overthrow of the government by force or violence.
If you are a member of a prohibited organization, you are prohibited from owning a gun.
Being Under Indictment for a Felony
Another state disqualifying factor for owning a gun in New Mexico is being under indictment for a felony. An indictment is a formal accusation of a crime.
If you are under indictment for a felony, you
What Disqualifies You From Owning A Gun In New Mexico?
In New Mexico, there are a number of reasons why you may be disqualified from owning a gun. These include:
- Being convicted of a felony. This is the most common reason for disqualification. If you have been convicted of a felony, you are prohibited from owning a gun for life.
- Being convicted of a domestic violence misdemeanor. This includes misdemeanor assault, battery, or stalking. If you have been convicted of a domestic violence misdemeanor, you are prohibited from owning a gun for five years.
- Being addicted to drugs or alcohol. If you are addicted to drugs or alcohol, you are prohibited from owning a gun.
- Being adjudicated mentally incompetent. If you have been adjudicated mentally incompetent, you are prohibited from owning a gun.
- Being a fugitive from justice. If you are a fugitive from justice, you are prohibited from owning a gun.
- Being a member of a prohibited organization. This includes being a member of a terrorist organization, a street gang, or a hate group.
- Having a restraining order against you. If you have a restraining order against you, you are prohibited from owning a gun.
If you are disqualified from owning a gun, you will not be able to purchase a gun from a licensed dealer. You may also be subject to criminal penalties if you are caught possessing a gun while disqualified.
Penalties for Possessing a Firearm While Disqualified
If you are disqualified from owning a gun and you are caught possessing a firearm, you could face serious criminal penalties. These penalties include:
- Felony conviction. Possessing a firearm while disqualified is a felony in New Mexico. If you are convicted of this crime, you could be sentenced to up to 18 months in prison and fined up to $5,000.
- Up to 18 months in prison. In addition to the felony conviction, you could also be sentenced to up to 18 months in prison.
- Up to $5,000 fine. You could also be fined up to $5,000.
It is important to note that these are just the potential penalties for possessing a firearm while disqualified. The actual penalties you face will depend on the specific circumstances of your case.
How to Get Your Gun Rights Back
If you have been disqualified from owning a gun, you may be able to get your gun rights back. However, the process for doing so can be complex and time-consuming.
There are a few different ways to get your gun rights back in New Mexico. These include:
- Completing a firearms relinquishment form. If you have been convicted of a felony, you must complete a firearms relinquishment form. This form is available from the New Mexico Department of Public Safety. Once you have completed the form, you must submit it to the department.
- Waiting five years from the date of your conviction. If you have been convicted of a domestic violence misdemeanor, you must wait five years from the date of your conviction to get your gun rights back.
- Applying for a pardon from the governor. If you have been convicted of a felony or a domestic violence misdemeanor, you may be able to get a pardon from the governor. To apply for a pardon, you must submit a written request to the governor’s office. The governor will consider your request and may grant you a pardon.
- Filing a lawsuit challenging your disqualification. If you believe that you were disqualified from owning a gun in error, you may be able to file a lawsuit challenging your disqualification. To file a lawsuit, you must file a complaint in the appropriate court. The court will review your complaint and may order the state to restore your gun rights.
It is important to note that the process for getting your gun rights back can be complex and time-consuming. If you are considering getting your gun rights back, it is important to speak to an attorney who can help you understand your options and guide you through the process.
Being disqualified from owning a gun can have a significant impact on your life. If you are disqualified from owning a gun, you will not be able to purchase a gun from a licensed dealer. You may also be subject to criminal penalties if you are caught possessing a gun while disqualified.
If you have been disqualified from owning a gun, there are a few different ways to get your gun rights back. However, the process for doing so can be complex and time-consuming. If you are considering getting your gun rights back, it is important to speak to an attorney who can
What Disqualifies You From Owning A Gun In New Mexico?
- Being a convicted felon. Felons are prohibited from possessing firearms under federal law, and New Mexico law mirrors this federal prohibition.
- Being a fugitive from justice. Anyone who is a fugitive from justice, whether in New Mexico or any other state, is prohibited from possessing a firearm in New Mexico.
- Being under indictment for a felony. Even if you have not been convicted of a felony, you are prohibited from possessing a firearm in New Mexico if you are under indictment for a felony.
- Being a drug user or addict. Anyone who is addicted to a controlled substance or who uses a controlled substance illegally is prohibited from possessing a firearm in New Mexico.
- Having been adjudicated mentally incompetent. Anyone who has been adjudicated mentally incompetent by a court is prohibited from possessing a firearm in New Mexico.
- Having been involuntarily committed to a mental institution. Anyone who has been involuntarily committed to a mental institution is prohibited from possessing a firearm in New Mexico.
- Having a restraining order against you. If you have a restraining order against you, you are prohibited from possessing a firearm in New Mexico.
- Being a member of a prohibited organization. You are prohibited from possessing a firearm in New Mexico if you are a member of a group that is considered to be a criminal organization by the federal government.
What are the consequences of being disqualified from owning a gun in New Mexico?
If you are disqualified from owning a gun in New Mexico, you may be charged with a crime. If you are convicted of this crime, you could face up to 18 months in prison and a fine of up to $10,000. You could also be ordered to forfeit any firearms that you own.
How can I find out if I am disqualified from owning a gun in New Mexico?
You can check your status with the New Mexico State Police by calling (505) 841-9256. You can also check your status online at the New Mexico State Police website.
If I am disqualified from owning a gun in New Mexico, can I get my gun rights back?
Yes, you may be able to get your gun rights back if you meet certain requirements. These requirements vary depending on the reason why you were disqualified. You can find more information about how to get your gun rights back on the New Mexico State Police website.
there are a number of factors that can disqualify you from owning a gun in New Mexico. These include being a convicted felon, being under indictment for a felony, being a fugitive from justice, being a habitual user of controlled substances, being an illegal alien, being a person who has been adjudicated mentally incompetent, or being a person who has been involuntarily committed to a mental institution. If you have any of these disqualifying factors, you will not be able to legally own a gun in New Mexico. It is important to note that these are just the general rules. There may be additional disqualifying factors that apply to you depending on your specific circumstances. If you are unsure whether you are legally allowed to own a gun, you should consult with an attorney.