New Mexico’s Governor Michelle Lujan Grisham signed House Bill 68 into legislation in March of 2022. The main component increases penalties related to gun crimes, including felons in possession, firearms used during felonies, and new laws criminalizing violent threats and property damage.
“Every New Mexican deserves to feel safe in their communities, and they are demanding action from their government,” said Grisham. “House Bill 68 expands upon the transformational work we’ve done in previous years, strengthening our state’s public safety system and making streets safer in every New Mexico community.”
In This Article
New Mexico criminal defense lawyer, Marc A. Grano, discusses why the law changed, how HB 68 changed the law, and what sentencing enhancements apply to specific gun crimes. We wrote this article for people and their loved ones who are facing charges related to gun crimes at the state level.
Why Did New Mexico’s Gun Crime Laws Change?
The primary reason any government enacts new laws is the interest of public safety. In the case of HB 68, New Mexico also wants to reduce gun crimes via sentencing enhancements and the introduction of new statutes. A 2012 University of Pennsylvania study determined that they reduce gun crimes, while a 2015 National Research Council’s Committee on Law and Justice offers conflicting research.
How Did HB 68 Change New Mexico’s Laws?
There were several changes made to New Mexico’s statutes under HB 68. They primarily relate to gun penalty sentencing enhancements and new law enforcement initiatives. However, the scope and focus of this article aim to understand how they affect people charged with gun crimes in the state.
Below, we have outlined general legal changes under the new law as they relate to gun crimes:
- Change 1. Increasing the statute of limitations for second-degree murder
- Change 2. Criminalizing the threat of a shooting
- Change 3. Clarifying exceptions for unlawful possession of a handgun
- Change 4. Clarifying penalties for the receipt, transportation, or possession of a firearm or destructive device by a serious violent felon
As mentioned above, there are several other changes made to our criminal code via HB 68. New Mexico’s legislature makes the final text (PDF only) available to the public online.
Related Article: What Are New Mexico Laws Every Gun Owner Should Know?
Changes to the Use, Brandishing, or Discharge of a Firearm
Under NMSA § 31-18-16, significant changes occurred to sentencing enhancements for the use, brandishing, or discharge of a firearm. Here are the major provisions of the statute, as well as their sentencing enhancements:
- Using a firearm during a drug transaction or aggravated burglary increases the basic prison sentence by one year
- Brandishing a firearm during a non-capital felony can increase the basic imprisonment sentence by three years
- Discharging a firearm during a non-capital felony increases the basic imprisonment sentence by five years
- Firearm Enhancements for Second or subsequent convictions for using a firearm during a drug transaction or aggravated burglary increase the basic prison sentences by five years
There are modifications to these sentencing enhancements regarding serious youthful offenders or youthful offenders given an adult sentence. It also states that a prima facie case is tried before a jury for firearms used during a drug transaction, aggravated burglary, or serious violent offense, courts must submit special instructions to the jury. If the case is tried by the court, then the judge must make a separate must make separate findings to justify the enhancement.
What Is a Prima Facie Case?
Prima facie cases are those involving findings of fact that once established justify a verdict in the prosecutor’s favor. However, the defense may rebut the prosecutor’s evidence. Due to the serious implications of a prima facie case, New Mexico state courts require additional measures for prosecutors to get this type of conviction, including special jury instructions and findings of fact.
Is My Firearm Subject to Seizure Under This Statute?
Yes, your firearm is subject to seizure and forfeiture if the court or jury can show that firearms were used, brandished, or discharged during a drug transaction, serious violent offense, or aggravated burglary. This provision is pursuant to the Forfeiture Act under NMSA § 31-27.
Related Article: Can You Own A Gun With A New Mexico Domestic Violence Charge?
What to Do If Charged with a Gun Crime in New Mexico?
You should speak with a criminal defense attorney in New Mexico for legal advice. We can help you determine your legal options, how the law applies to your situation, and what you can do to defend your charges. Ensure that you do not issue any form of statement or admission of guilt to the police since anything you say can be used against you as evidence in court.
If you hire legal representation, your defense attorney will investigate the facts of your case while determining what prosecutors can actually prove you did. Without this information, you could accept responsibility for a crime you did not commit. Put a legal team by your side with the experience and resources that will achieve the outcome you deserve.
Call Grano Law Offices, P.C. for Your Free Case Strategy Session
Our gun crimes defense attorney welcomes you to contact our office about the charges that you or your loved one face. Get your Free Case Strategy Session by calling (505) 426-8711 or message us via our contact form. Grano Law Offices, P.C. serves all of northern and central New Mexico, including Las Vegas, Taos, Santa Fe, Española, Santa Rosa, Raton, Mora, and all surrounding areas.
