Two laws impact your gun ownership rights after domestic violence charges in New Mexico. First, federal regulations prohibit you from possessing a firearm after a misdemeanor domestic violence conviction. Second, New Mexico statutes prohibit firearm possession if you have a domestic violence restraining order against you.
If you face domestic violence charges and want to keep your 2nd Amendment rights, hire a New Mexico domestic violence lawyer to defend your case.
In This Post
I will help you understand the laws surrounding gun ownership and domestic violence in New Mexico, fighting charges, and where to find legal help.
Domestic Violence and Gun Ownership
Federal gun ownership laws after a criminal conviction apply in New Mexico. While a felony conviction results in an automatic loss of gun rights, New Mexico provides additional protections for victims.
New Mexico DV and Gun Ownership Laws
Under NMSA § 30-7-16, it is illegal to receive, transport, or possess a gun or destructive device while protection orders are in effect. This law also applies to those who are convicted of misdemeanor domestic violence charges involving:
- Battery against a household member
- Criminal damage to property of a household member
- A first offense of stalking
- An enumerated crime under federal law (18 USC § 921)
Courts can order you to turn over your firearms within 48 hours of the order being issued. You must provide a receipt to them confirming such relinquishment within 72 hours. They can issue such a protective order after a hearing if they believe that you “present a credible threat to the physical safety of the household member.”
Important: DV Plea Bargains Can Result in a Loss of Privileges
New Mexico State Courts have more recently been issuing a Notice regarding firearm rights even of the individual pleads to a lesser offense related to domestic violence case. For example a person is charged with battery on household member and pleads to a lesser non Domestic Violence simple battery. Therefore, if you want to keep your gun rights after a Domestic Violence charge of any kind, you must fight the charges you are facing.
Federal DV and Gun Ownership Laws
Under 18 USC § 922(g)(9), it is illegal to receive, transport, or possess a firearm after a felony or misdemeanor domestic violence conviction.
This section is also known as the “Lautenberg Amendment” and passed in 1996.
Qualifying offenses include misdemeanor crimes of domestic violence” (MCDV) as any state or federal misdemeanor that:
“has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”
The above-referenced definition includes misdemeanors stemming from the attempted use of physical force when committed by one of the parties, even if the state does not classify it MCDV.
It is not possible to restore your gun rights under federal laws. Even if you are charged with a misdemeanor, you lose your rights indefinitely. However, it is critical to note that a conviction must take place for it to apply to your situation.
Penalties for Gun Possession Violations
If someone violates the gun possession laws after a domestic violence restraining order, they can be punished by a misdemeanor. Misdemeanors carry a maximum penalty of one (1) year in jail and fines of up to $1,000.
Fighting NM Domestic Violence Charges that Affect Your Gun Rights
You have a few opportunities to defend your case. These opportunities include defending your domestic violence protective order case and defending domestic violence felony or misdemeanor charges.
Defend Your Domestic Violence Protective Order Case
When your household member files a petition for an order of protection, the court must schedule a hearing to decide if one should be issued. Mount a defense for this hearing with a criminal defense lawyer to prevent the order from being issued in the first place. Ensure that you preserve any evidence that exonerates you from the other party’s allegations.
Defend Your Domestic Violence Felony or Misdemeanor Charges
If you receive felony or misdemeanor domestic violence charges, you have the right to defend yourself in court. You are innocent until otherwise proven guilty. Use this opportunity as a chance to prove it.
Winning a domestic violence case requires skilled and experienced representation. A criminal defense attorney can:
- File motions to dismiss your case
- Handle witnesses as part of your defense
- Investigate the facts and circumstances to challenge the prosecutor’s theory and evidence
- Other tactics that apply to your specific situation
If you have a passion for firearms, there may be nothing worse than your 2nd Amendment rights being rescinded. However, you do not have to take criminal responsibility for an unproven crime.
Domestic violence charges and protection orders are serious. Convictions can result in prison time, penalties and can lead to a civil case for victim damages. You have an opportunity to defend your case.
Call Grano Law Offices, P.C. About Keeping Your 2nd Amendment Rights
While every case has different facts, Grano Law Offices, P.C. carries a reputation for successful case outcomes. Connect with my office for a Free Case Strategy Session by calling (505) 426-8711 or sending me a message through the contact form at the bottom of this page. We offer video and phone chat!
