INCREASE FELON FIREARM PENALTY
HB 49 increases penalties for felons who receive, transport, or possess firearms or destructive devices in New Mexico. It specifically raises the penalty for first-time felon firearm possession from a third-degree felony to a second-degree felony, and to a first-degree felony for repeat offenses. The bill applies directly to individuals convicted of felonies who have not completed their sentence, probation, or received a pardon within the past ten years. Key provisions clarify definitions of "serious violent felon" and "destructive device" while raising criminal charges for violations. This policy change aims to strengthen restrictions on firearm access for certain convicted individuals.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 7, 2026
Last action Mar 24, 2026
Maddy AI version diff · 1 comparison
What changed between versions
introduced version
→
CP substitute
·
4 edits
MODERATE
This bill substitute significantly strengthens penalties for serious violent felons who possess firearms. The original version applied enhanced penalties to all felons, while the substitute narrows the scope to only 'serious violent felons' while simultaneously increasing the severity of penalties for those who qualify. The bill also clarifies the definition of 'felon' to include specific time limits and conditions regarding pardons and deferred sentences.
Scope change
The bill's scope was narrowed from applying to all felons to applying only to 'serious violent felons,' but the penalties for those who do qualify were increased from second-degree felonies to first-degree felonies.
ELIGIBILITY
Penalty enhancements now apply only to 'serious violent felons' rather than all felons, requiring conviction of specific serious violent offenses listed in Section 33-2-34 NMSA 1978.
REQUIREMENT
The definition of 'felon' was expanded to include specific conditions: less than ten years since completing sentence, no pardon received, and no deferred sentence completed as provided in Section 31-20-9 NMSA 1978.
First offense penalties for serious violent felons were increased from second-degree felony to first-degree felony with a mandatory minimum sentence of no less than nine years imprisonment.
DEFINITION
The definition of 'serious violent felon' was added to specify which serious violent offenses qualify for enhanced penalties under this section.
Floor votes · House Feb 10, 2026
How they voted
50–9
Passed · 7 other
Total votes 66
Feb 10, 2026
D
Democratic40
65% Yea
R
Republican26
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
7
Key actions
3
Committee
2
Feb 11, 2026
Introduced
Sent to Senate Judiciary Committee & Senate Finance Committee
upper
Feb 10, 2026
Lower · Passed
passed House
lower
Feb 9, 2026
Lower · Passed
DO PASS, as amended, committee report adopted
lower
Jan 30, 2026
Lower · Passed
DO NOT PASS, replaced with committee substitute
lower
Jan 22, 2026
Introduced
Sent to House Consumer & Public Affairs Committee & House Judiciary Committee
lower
Jan 7, 2026
Introduced
Sent to House Pre-file
lower
5 primary · 0 co-sponsors
Sponsors
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