Weapons and Explosives

NMSA 1978 ch. 30, art. 7

in effect

NMSA 1978, § 30-7-1 "Carrying a deadly weapon"

30-7-1. "Carrying a deadly weapon" "Carrying a deadly weapon" means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use. 1953 Comp., § 40A-7-1, enacted by Laws 1963, ch. 303, § 7-1.

NMSA 1978, § 30-7-2 Unlawful carrying of a deadly weapon

30-7-2. Unlawful carrying of a deadly weapon A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978]. B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm. C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor. 1953 Comp., § 40A-7-2, enacted by Laws 1963, ch. 303, § 7-2; 1975, ch. 134, § 1; 1985, ch. 174, § 1; 2001, ch. 219, § 13.

NMSA 1978, § 30-7-2.1 Unlawful carrying of a deadly weapon on school premises

30-7-2.1. Unlawful carrying of a deadly weapon on school premises A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by: (1) a peace officer; (2) school security personnel; (3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction; (4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or (5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. B. As used in this section, "school premises" means: (1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or (2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed. C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony. Laws 1987, ch. 232, § 1; 1989, ch. 285, § 1; 1994, ch. 17, § 1.

NMSA 1978, § 30-7-2.2 Unlawful possession of a handgun by a person; exceptions; penalty

30-7-2.2. Unlawful possession of a handgun by a person; exceptions; penalty A. Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in the person's possession or knowingly transporting a handgun, except when the person is: (1) in attendance at a hunter's safety course or handgun safety course or participating in a lawful shooting activity; (2) engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law; (3) engaging in an organized competition involving the use of a handgun; (4) participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended or renumbered; (5) engaging in legal hunting or trapping activities; (6) traveling, with an unloaded handgun in the person's possession, to or from an activity described in Paragraph (1), (2), (3), (4) or (5) of this subsection; or (7) on real property under the control of the person's parent, grandparent or legal guardian and the person is being supervised by a parent, grandparent or legal guardian. B. A person who commits unlawful possession of a handgun by a person is guilty of a misdemeanor. C. As used in this section: (1) "person" means an individual who is less than nineteen years old; and (2) "handgun" means a loaded or unloaded pistol, revolver or firearm that will or is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches. Laws 1994, ch. 22, § 2; 2022, ch. 56, § 25.

NMSA 1978, § 30-7-2.3 Seizure and forfeiture of a handgun possessed or transported by a person in violation of unlawful possession of a handgun by a person

30-7-2.3. Seizure and forfeiture of a handgun possessed or transported by a person in violation of unlawful possession of a handgun by a person A. A handgun is subject to seizure and forfeiture by a law enforcement agency when the handgun is possessed or transported by a person in violation of the offense of unlawful possession of a handgun by a person. B. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of a handgun subject to forfeiture pursuant to Subsection A of this section. Laws 1994, ch. 22, § 3; 2002, ch. 4, § 12.

NMSA 1978, § 30-7-2.4 Unlawful carrying of a firearm on university premises; notice; penalty

30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by: (1) a peace officer; (2) university security personnel; (3) a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program; (4) a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or (5) a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises. C. As used in this section: (1) "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and (2) "university premises" means: (a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or (b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed. D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor. Laws 2003, ch. 253, § 1.

NMSA 1978, § 30-7-3 Unlawful carrying of a firearm in licensed liquor establishments

30-7-3. Unlawful carrying of a firearm in licensed liquor establishments A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except: (1) by a law enforcement officer in the lawful discharge of the officer's duties; (2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978] acting in accordance with the policies of the officer's law enforcement agency; (3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties; (4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978] on the premises of: (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or (b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant; (5) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms; (6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or (7) for the purpose of temporary display, provided that the firearm is: (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises. B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony. 1953 Comp., § 40A-7-2.1, enacted by Laws 1975, ch. 149, § 1; 1977, ch. 160, § 1; 1999, ch. 156, § 1; 2007, ch. 158, § 1; 2010, ch. 106, § 1.

NMSA 1978, § 30-7-3.1 Unlawful possession of a weapon conversion device; penalty

30-7-3.1. Unlawful possession of a weapon conversion device; penalty A. Unlawful possession of a weapon conversion device consists of a person knowingly having in that person's possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon conversion device. B. A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony. C. As used in this section: (1) "fully automatic weapon" means a weapon that shoots, is designed to shoot automatically or can be readily restored to fire more than one cartridge or shell, without manual reloading, by a single function of the trigger; (2) "semiautomatic weapon" means a repeating rifle, shotgun or pistol, regardless of barrel or overall length, that uses a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round and that requires a separate function of the trigger to fire each cartridge or shell; and (3) "weapon conversion device" means a part or combination of parts designed and intended to convert a semiautomatic weapon into a fully automatic weapon. Laws 2025, ch. 4, § 10.

NMSA 1978, § 30-7-4 Negligent use of a deadly weapon

30-7-4. Negligent use of a deadly weapon A. Negligent use of a deadly weapon consists of: (1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property; (2) carrying a firearm while under the influence of an intoxicant or narcotic; (3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or (4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof. B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment. C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct. Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor. 1953 Comp., § 40A-7-3, enacted by Laws 1963, ch. 303, § 7-3; 1977, ch. 266, § 1; 1979, ch. 79, § 1; 1993, ch. 139, § 1.

NMSA 1978, § 30-7-4.1 Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties

30-7-4.1. Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties A. A person commits the crime of negligently making a firearm accessible to a minor if: (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and (2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death. Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor. B. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if: (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and (2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person. Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony. C. A person does not violate Subsection A or B of this section if a minor obtains a firearm: (1) that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor; (2) that was carried on the person or within the person's immediate control; (3) that was locked with a firearm safety device that rendered the firearm inoperable; (4) in the course of self-defense or defense of another person; (5) by illegal entry to the person's property; or (6) with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose. D. As used in this section: (1) "brandish" means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person; (2) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; (3) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and (4) "minor" means a person under eighteen years of age. Laws 2023, ch. 5, § 1.

NMSA 1978, § 30-7-5 Dangerous use of explosives

30-7-5. Dangerous use of explosives Dangerous use of explosives consists of maliciously exploding, attempting to explode or placing any explosive with the intent to injure, intimidate or terrify another, or to damage another's property. Whoever commits dangerous use of explosives is guilty of a third degree felony. 1953 Comp., § 40A-7-4, enacted by Laws 1963, ch. 303, § 7-4.

NMSA 1978, § 30-7-6 Negligent use of explosives

30-7-6. Negligent use of explosives Negligent use of explosives consists of negligently exploding, attempting to explode or placing any explosive in such a manner as to result in injury to another or to property of another, or in the probability of such injury. Whoever commits negligent use of explosives is guilty of a petty misdemeanor. 1953 Comp., § 40A-7-5, enacted by Laws 1963, ch. 303, § 7-5.

NMSA 1978, § 30-7-7 Unlawful sale, possession or transportation of explosives

30-7-7. Unlawful sale, possession or transportation of explosives Unlawful sale, possession or transportation of explosives consists of: A. knowingly selling or possessing any explosive or causing such explosive to be transported without having plainly marked in large letters in a conspicuous place on the box or package containing such explosive the name and explosive character thereof and the date of manufacture. For the purpose of this subsection, the term "explosive" is as defined in Section 2 [30-7-18 NMSA 1978] of the Explosives Act, but shall not include: (1) explosive materials in medicine and medicinal agents in the forms prescribed by the official United States pharmacopoeia or the national formulary; (2) small arms ammunition and components thereof; (3) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches and friction primers intended to be used solely for sporting, recreational or cultural purposes as defined in Section 921(a)(16) [§ 921(a)(4)] of Title 18 of the United States Code, or in antique devices as exempted from the term "destructive device" in Section 921(a)(4) [§ 921(a)(16)] of Title 18 of the United States Code; or (4) explosive materials transported in compliance with the regulations of the United States department of transportation and agencies thereof; or B. knowingly transporting or taking any explosive upon or into any vehicle belonging to a common carrier transporting passengers. For the purpose of this subsection, the term "explosives" is as defined in Section 2 of the Explosives Act, but shall not include: (1) explosive materials in medicines and medicinal agents in the forms prescribed by the official United States pharmacopoeia or the national formulary; (2) small arms ammunition or components thereof; or (3) explosive materials transported in compliance with the regulations of the United States department of transportation and agencies thereof. Whoever commits unlawful sale, possession or transportation of explosives as set forth in Subsection A of this section is guilty of a petty misdemeanor. Whoever commits unlawful transportation of explosives as set forth in Subsection B of this section is guilty of a fourth degree felony. 1953 Comp., § 40A-7-6, enacted by Laws 1963, ch. 303, § 7-6; 1981, ch. 246, § 7.

NMSA 1978, § 30-7-7.1 Unlawful sale of a firearm without a background check

30-7-7.1. Unlawful sale of a firearm without a background check A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check, subject to the following: (1) if the buyer of a firearm is not a natural person, then each natural person who is authorized by the buyer to possess the firearm after the sale shall undergo a federal instant background check before taking possession of the firearm; (2) a prospective firearm seller who does not hold a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) shall arrange for a person who does hold that license to conduct the federal instant background check. A federal firearms licensee shall not unreasonably refuse to perform a background check pursuant to this paragraph; and (3) a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) may charge a fee not to exceed thirty-five dollars ($35.00) for conducting a background check pursuant to this section. B. The provisions of Subsection A of this section do not apply to the sale of a firearm: (1) by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a); (2) to a law enforcement agency; (3) between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; or (4) between immediate family members. C. As used in this section: (1) "consideration" means anything of value exchanged between the parties to a sale; (2) "federal instant background check" means a background check that meets the requirements of 18 U.S.C. Section 922(t) and that does not indicate that a sale to the person receiving the firearm would violate 18 U.S.C. Section 922(g) or 18 U.S.C. Section 922(n) or state law; (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; and includes any handgun, rifle or shotgun; but shall not include an antique firearm as defined in 18 U.S.C. Section 921(16), a powder-actuated tool or other device designed to be used for construction purposes, an emergency flare or a firearm in permanently inoperable condition; (4) "immediate family member" means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle; and (5) "sale" means the delivery or passing of ownership, possession or control of a firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business. D. Each party to an unlawful sale in violation of this section may be separately charged for the same sale. E. Each firearm sold contrary to the provisions of this section constitutes a separate offense under Subsection A of this section. F. Two or more offenses may be charged in the same complaint, information or indictment and shall be punished as separate offenses. G. Whoever violates the provisions of this section is guilty of a misdemeanor. Laws 2019, ch. 45, § 1.

NMSA 1978, § 30-7-7.2 Unlawful purchase or transfer of a firearm for another

30-7-7.2. Unlawful purchase or transfer of a firearm for another A. Unlawful purchase or transfer of a firearm for another consists of a person who knowingly purchases, transfers or conspires to purchase or transfer any firearm for, on behalf of or at the request or demand of another person, knowing that the other person: (1) is a felon; or (2) intends to use, carry, possess, sell or otherwise transfer possession of the firearm in furtherance of any felony or misdemeanor involving a firearm. B. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other section of the Criminal Code [30-1-1 NMSA 1978]. C. Whoever commits unlawful purchase or transfer of a firearm for another is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978]. D. As used in this section, "felon" means a person convicted of a felony offense by a court of the United States or any state or political subdivision, and: (1) less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later; (2) the person has not been pardoned for the felony conviction by the proper authority; and (3) the person has not received a deferred sentence. Laws 2023, ch. 195, § 1.

NMSA 1978, § 30-7-7.3 Unlawful sale of a firearm before required waiting period ends

30-7-7.3. Unlawful sale of a firearm before required waiting period ends A. A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer. The seven-calendar-day waiting period shall include the period required to conduct a federal instant background check; provided that, if the seven-calendar-day waiting period has expired without the completion of a required federal instant background check, the seller shall not transfer the firearm to the buyer until the federal instant background check is completed. If the required federal instant background check has not been completed within twenty days, the seller may transfer the firearm to the buyer. B. The firearm shall remain in the custody of the seller or the federal firearms licensee performing the federal instant background check during the entirety of the waiting period. C. Unlawful sale of a firearm before the required waiting period ends consists of the transfer of ownership, possession or physical control of the firearm from the seller to the buyer before the end of the required seven-calendar-day waiting period, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business. D. Each party to an unlawful sale of a firearm before the required waiting period ends is in violation of this section and may be separately charged for the same sale. E. Each firearm sold contrary to the provisions of this section constitutes a separate offense under Subsection C of this section. F. Two or more offenses may be charged in the same complaint, information or indictment and shall be punished as separate offenses. G. Whoever violates the provisions of this section is guilty of a misdemeanor. H. The provisions of this section do not apply to the sale of a firearm: (1) to a buyer who holds a valid federal firearms license; (2) to a buyer who holds a valid New Mexico concealed handgun license pursuant to the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978]; (3) to a law enforcement agency; (4) between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; or (5) between immediate family members. I. As used in this section: (1) "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; and includes any handgun, rifle or shotgun; but shall not include an antique firearm as defined in 18 U.S.C. Section 921(16), a powder-actuated tool or other device designed to be used for construction purposes, an emergency flare or a firearm in permanently inoperable condition; and (2) "immediate family member" means a spouse, a parent, a child, a sibling, a grandparent, a grandchild, a great-grandchild, a niece, a nephew, a first cousin, an aunt or an uncle. 1978 Comp., § 30-7-7.3, enacted by Laws 2024, ch. 46, § 1.

NMSA 1978, § 30-7-8 Unlawful possession of switchblades

30-7-8. Unlawful possession of switchblades Unlawful possession of switchblades consists of any person, either manufacturing, causing to be manufactured, possessing, displaying, offering, selling, lending, giving away or purchasing any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement. Whoever commits unlawful possession of switchblades is guilty of a petty misdemeanor. 1953 Comp., § 40A-7-7, enacted by Laws 1963, ch. 303, § 7-7.

NMSA 1978, § 30-7-10 Short title

30-7-10. Short title Sections 30-7-10 through 30-7-15 NMSA 1978 may be cited as the "Bus Passenger Safety Act". Laws 1979, ch. 376, § 1.

NMSA 1978, § 30-7-11 Definitions

30-7-11. Definitions As used in the Bus Passenger Safety Act [30-7-10 to 30-7-15 NMSA 1978]: A. "bus transportation company" or "company" means any person, groups of persons or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in New Mexico. The term also includes buses owned or operated by or for local public bodies, school districts, municipalities and by public corporations, boards and commissions; and B. "bus" means any passenger bus, coach or other motor vehicle having a seating capacity of not less than fifteen passengers operated by a bus transportation company when used for the purpose of carrying passengers or cargo for hire. Laws 1979, ch. 376, § 2.

NMSA 1978, § 30-7-12 Prohibitions; penalties

30-7-12. Prohibitions; penalties A. It is unlawful to seize or exercise control of a bus by force or violence or by threat of force or violence. Whoever violates the provisions of this subsection is guilty of a third degree felony. B. It is unlawful to intimidate, threaten or assault any driver, attendant, guard or passenger of a bus with the intent of seizing or exercising control of a bus. Whoever violates the provisions of this subsection is guilty of a fourth degree felony. Laws 1979, ch. 376, § 3.

NMSA 1978, § 30-7-13 Carrying weapons prohibited

30-7-13. Carrying weapons prohibited A. It is unlawful for any person without prior approval from the company to board or attempt to board a bus while in possession of a firearm or other deadly weapon upon his person or effects and readily accessible to him while on the bus. Any person who violates the provisions of this subsection is guilty of a misdemeanor. B. Subsection A of this section does not apply to duly elected or appointed law enforcement officers or commercial security personnel in the lawful discharge of their duties. Laws 1979, ch. 376, § 4.

NMSA 1978, § 30-7-14 Weapon detection

30-7-14. Weapon detection A bus transportation company may employ any reasonable means, including mechanical, electronic or x-ray devices to detect concealed weapons, explosives or other hazardous material in baggage or upon the person of a passenger. The company may take possession of any concealed weapon, explosive or other hazardous material discovered and shall turn such items over to law enforcement officers. Laws 1979, ch. 376, § 5.

NMSA 1978, § 30-7-15 Weapons; transporting

30-7-15. Weapons; transporting Any person wishing to transport a firearm or other deadly weapon on a bus may do so only in accordance with regulations established by the company; provided that any firearm or deadly weapon must be transported in a compartment which is not accessible to passengers while the bus is moving. Laws 1979, ch. 376, § 6.

NMSA 1978, § 30-7-16 Firearms or destructive devices; receipt, transportation or possession by certain persons; penalty

30-7-16. Firearms or destructive devices; receipt, transportation or possession by certain persons; penalty A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state: (1) a felon; (2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or (3) a person convicted of any of the following crimes: (a) battery against a household member pursuant to Section 30-3-15 NMSA 1978; (b) criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978; (c) a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or (d) a crime listed in 18 U.S.C. 921. B. A felon found in possession of a firearm shall be guilty of a third degree felony. C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six years imprisonment. D. Any person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted of a crime listed in Paragraph (3) of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor. E. As used in this section: (1) except as provided in Paragraph (2) of this subsection, "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; or (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; (2) 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; (3) "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 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; (4) "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 or the frame or receiver of any such weapon; and (5) "serious violent felon" means a person convicted of an offense enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L [N] of Section 33-2-34 NMSA 1978; provided that: (a) less than ten years have passed since the person completed serving a sentence or a 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 completed the total term of deferment as provided in Section 31-20-9 NMSA 1978. Laws 1981, ch. 225, § 1; 1987, ch. 202, § 1; 2001, ch. 89, § 1; 2018, ch. 74, § 4; 2019, ch. 253, § 1; 2020, ch. 54, § 2; 2022, ch. 56, § 26.

NMSA 1978, § 30-7-17 Short title

30-7-17. Short title Sections 1 through 6 [30-7-17 to 30-7-22 NMSA 1978] of this act may be cited as the "Explosives Act". Laws 1981, ch. 246, § 1.

NMSA 1978, § 30-7-18 Definitions

30-7-18. Definitions As used in the Explosives Act [30-7-17 to 30-7-22 NMSA 1978]: A. "explosive" means any chemical compound or mixture or device, the primary or common purpose of which is to explode and includes but is not limited to dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters; and B. "explosive device" or "incendiary device" means: (1) any explosive bomb, grenade, missile or similar device; (2) any device or mechanism used or created to start a fire or explosion with or without a timing mechanism except cigarette lighters and matches; or (3) any incendiary bomb or grenade, fire bomb or similar device or any device which includes a flammable liquid or compound and a wick or igniting agent composed of any material which is capable of igniting the flammable liquid or compound. Laws 1981, ch. 246, § 2; 1990, ch. 74, §1.

NMSA 1978, § 30-7-19 Possession of explosives

30-7-19. Possession of explosives A. Possession of explosives consists of knowingly possessing, manufacturing or transporting any explosive and either intending to use the explosive in the commission of any felony or knowing or reasonably believing that another intends to use the explosive to commit any felony. B. Any person who commits possession of explosives is guilty of a fourth degree felony. Laws 1981, ch. 246, § 3; 1990, ch. 74, §2.

NMSA 1978, § 30-7-19.1 Possession of explosive device or incendiary device

30-7-19.1. Possession of explosive device or incendiary device A. Possession of an explosive device or incendiary device consists of knowingly possessing, manufacturing or transporting any explosive device or incendiary device or complete combination of parts thereof necessary to make an explosive device or incendiary device. This subsection shall not apply to any fireworks as defined in Section 60-2C-2 NMSA 1978 or any lawfully acquired household, commercial, industrial or sporting device or compound included in the definition of explosive device or incendiary device in Section 30-7-18 NMSA 1978 that has legitimate and lawful commercial, industrial or sporting purposes or that is lawfully possessed under Section 30-7-7 NMSA 1978. B. Any person who commits possession of an explosive device or incendiary device is guilty of a fourth degree felony. Laws 1990, ch. 74, § 3.

NMSA 1978, § 30-7-20 Facsimile or hoax bomb or explosive

30-7-20. Facsimile or hoax bomb or explosive Any person who intentionally gives, mails, sends or causes to be sent any false or facsimile bomb or explosive to another person or places or causes to be placed at any location any false or facsimile bomb or explosive, with the intent that any other person thinks it is a real bomb or explosive, is guilty of a fourth degree felony. Laws 1981, ch. 246, § 4.

NMSA 1978, § 30-7-21 False report

30-7-21. False report A. False report consists of knowingly conveying or causing to be conveyed to any police agency or fire department a false report concerning a fire or explosion or the placement of any explosives or explosive or incendiary device or any other destructive substance and includes, but is not limited to, setting off a fire alarm. B. Any person who commits false report which causes death or great bodily harm to another is guilty of a fourth degree felony, but if such death or great bodily harm is not caused, the person is guilty of a misdemeanor. Laws 1981, ch. 246, § 5.

NMSA 1978, § 30-7-22 Interference with bomb or fire control

30-7-22. Interference with bomb or fire control A. Interference with bomb or fire control consists of: (1) intentionally interfering with the proper functioning of a fire alarm system; (2) intentionally interfering with the lawful efforts of a fireman or police officer to control or extinguish a fire or to secure the safety of any object reasonably believed to be a bomb, explosive or incendiary device; or (3) intentionally interfering with the lawful efforts of a fireman or police officer to preserve for investigation or investigate the scene of a fire or explosion to determine its cause. B. Any person who commits interference with bomb or fire control is guilty of a misdemeanor. Laws 1981, ch. 246, § 6.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026