New Mexico HB49: INCREASE FELON FIREARM PENALTY

What the bill says

An act relating to crime; increasing the penalty for a serious violent felon who receives, transports or possesses a firearm or destructive device.

From the committee substitute text, January 30, 2026:

AN ACT RELATING TO CRIME; INCREASING THE PENALTY FOR A SERIOUS VIOLENT FELON WHO RECEIVES, TRANSPORTS OR POSSESSES A FIREARM OR DESTRUCTIVE DEVICE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 30-7-16 NMSA 1978 (being Laws 1981, Chapter 225, Section 1, as amended) is amended to read: "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 (2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or .233531.1 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ HCPAC/HB (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, …

Read the full official text

Sponsors

• Joy Garratt (D, HD-029) · primary sponsor
• Heather Berghmans (D, SD-015)
• Charlotte Little (D, HD-068)
• Andrea Reeb (R, HD-064)
• Debra M. Sariñana (D, HD-021)
• Nicole Chavez (R, HD-031)
• Patricia Roybal Caballero (D, HD-013)

Latest actions

1. February 11, 2026: Sent to SJC - Referrals: SJC/SFC
2. February 10, 2026: Passed in the House of Representatives - Y:54 N:9
3. February 9, 2026: HJC: Reported by committee with Do Pass recommendation with amendment(s)
4. January 30, 2026: HCPAC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
5. January 22, 2026: Sent to HCPAC - Referrals: HCPAC/HJC
6. : Action Postponed Indefinitely
7. : Sent to HPREF - Referrals: HPREF

Votes

• House Floor Vote (February 10, 2026): 54 yea, 9 nay, passed

Common questions

What is HB49?

HB49 is a bill in the New Mexico Legislature (2026 Regular Session): INCREASE FELON FIREARM PENALTY.

What does HB49 do?

In its own words: An act relating to crime; increasing the penalty for a serious violent felon who receives, transports or possesses a firearm or destructive device.

What is the status of HB49?

Passed one chamber as of February 11, 2026. Latest action: Sent to SJC - Referrals: SJC/SFC (February 11, 2026).

Who sponsored HB49?

Joy Garratt (D, HD-029), with 6 co-sponsors.

Where is the official record for HB49?

On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=49&year=26