Can a felon own a gun in New Mexico?

New Mexico prohibits firearm possession for 10 years after completion of sentence for felony convictions. After 10 years, the state-level prohibition expires automatically. Earlier restoration is possible through a gubernatorial pardon or if the conviction is for a deferred sentence that is successfully completed.

How can a felon restore gun rights in New Mexico?

Wait 10 years for automatic expiration of state prohibition, complete a deferred sentence successfully, or obtain a gubernatorial pardon for earlier restoration.

What is the waiting period for gun rights restoration in New Mexico?

10 years after completion of sentence for the state prohibition to expire. No petition needed after 10 years.

Are there exceptions to gun rights restoration in New Mexico?

Deferred sentences that are successfully completed do not trigger the prohibition. Persons convicted of certain violent offenses may face additional federal restrictions beyond the 10-year state period.

Can a felon own a gun in New Mexico?

Not during the 10-year prohibition period. Under NMSA 30-7-16, a convicted felon cannot receive, transport, or possess any firearm for 10 years after completing their sentence. After 10 years, the state ban lifts automatically. For earlier restoration, a governor's pardon is the only option. Even after 10 years, the federal prohibition under 18 USC 922(g)(1) may still apply independently.

How long does the firearm ban last in New Mexico?

The state-level ban lasts exactly 10 years from the date you complete your entire sentence, including imprisonment, probation, parole, and any suspended sentence. After 10 years, the NMSA 30-7-16 prohibition expires automatically — no application needed. The federal prohibition under 18 USC 922(g)(1) does not have the same 10-year expiration.

How do I get a pardon in New Mexico to restore my gun rights early?

First, wait the required arrest-free period (5-10 years after discharge from supervision, depending on offense severity). Then submit a clemency application to the Governor's Office by mail with a letter explaining your crime and reasons for the pardon, certified court documents, and arrest records. If a general pardon is granted, wait one additional year, then apply separately for firearms rights restoration. The Governor has sole discretion to grant or deny the request.

Does a deferred sentence avoid the firearm ban in New Mexico?

Yes. Under NMSA 30-7-16(E)(3), the firearm prohibition does not apply to a person who received a deferred sentence and successfully completed the total term of deferment under NMSA 31-20-9. Since no conviction is entered upon successful completion, the 10-year ban does not apply under state law. However, federal law may still consider the deferred sentence a conviction in some circumstances.

What is the penalty for a felon possessing a gun in New Mexico?

Under NMSA 30-7-16, a convicted felon who possesses a firearm within the 10-year prohibition period is guilty of a fourth-degree felony, punishable by up to 18 months in prison and fines up to $5,000. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison.

Do voting rights get restored automatically in New Mexico?

Yes. Under NMSA 31-13-1, the right to vote and hold public office is automatically restored upon completion of sentence for all felony convictions. This automatic restoration is significant because it establishes one element of the federal 'civil rights restored' exception under 18 USC 921(a)(20), which may help lift the federal firearms disability after the 10-year state ban expires.

What if my pardon application is denied?

Under the Executive Clemency Guidelines, if your pardon application is denied by the current or a previous administration, you are not eligible to reapply until 2 years following the date of the previous application. During this time, you remain subject to the firearm prohibition. You may wish to wait for the 10-year state-level ban to expire naturally if you are close to that threshold.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This is particularly relevant for New Mexico felons whose 10-year state ban has expired but who still face the federal prohibition.

Felon Gun Rights in New Mexico

Must petition for restoration

It depends on timing. Under NMSA 30-7-16, a convicted felon cannot possess any firearm for 10 years after completing their sentence. After 10 years, the state-level ban lifts automatically. For earlier restoration, a governor's pardon is the only option. Even after 10 years, the federal prohibition under 18 USC 922(g)(1) may still apply independently. Deferred sentences that are successfully completed do not trigger the ban. Consult an attorney before possessing any firearm.

Last updated: 2026-03-21

Overview

New Mexico prohibits all persons convicted of a felony from receiving, transporting, or possessing any firearm for 10 years after completion of their sentence under NMSA 30-7-16. After the 10-year period expires, the state-level prohibition lifts automatically — no petition is required. For earlier restoration within the 10-year window, the only path is a gubernatorial pardon. Deferred sentences that are successfully completed do not trigger the prohibition at all. Under the Governor's Executive Clemency Guidelines (2022), applicants seeking to restore firearm rights must first qualify for a general pardon and then wait an additional year before applying specifically for firearms restoration. Federal law under 18 USC 922(g)(1) imposes an additional, independent prohibition that does not have the same 10-year limitation.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. The federal ban does not have a 10-year expiration like New Mexico state law. After the New Mexico 10-year period expires, a felon may be in compliance with state law but still in violation of federal law. A governor's pardon that fully restores civil rights (including voting, holding office, and jury service) and does not restrict firearms may lift the federal disability under 18 USC 921(a)(20). New Mexico automatically restores voting rights and the right to hold office upon completion of sentence (NMSA 31-13-1), which helps establish the 'civil rights restored' exception. However, this exception is not settled law for all situations. The revived federal 18 USC 925(c) process (as of March 2025) may provide a separate federal pathway for relief.

Can restore gun rights

✓Persons who have completed 10 years since the completion of their sentence (including probation and parole) — state-level prohibition lifts automatically
✓Persons who receive a gubernatorial pardon that expressly restores the right to bear arms — allows earlier restoration within the 10-year period
✓Persons who successfully completed a deferred sentence under NMSA 31-20-9 — the firearm prohibition does not apply in the first place
✓Persons eligible for relief under the revived federal 18 USC 925(c) process — may address the federal prohibition independently

Cannot restore gun rights

✗Persons within the 10-year period after sentence completion who have not received a gubernatorial pardon — prohibited under state law
✗Persons whose pardon does not explicitly restore the right to bear arms — a general pardon may not restore gun rights
✗Persons convicted of a felony involving domestic violence — may face additional federal restrictions under 18 USC 922(g)(9) that persist beyond 10 years
✗Persons currently under indictment, on probation, or on parole — prohibited under both state and federal law
✗Persons subject to an active domestic violence protective order — prohibited under both state and federal law
✗Persons whose deferred sentence was revoked and a conviction was entered — the 10-year prohibition applies from the date of conviction

Step-by-Step Process

Determine whether the 10-year period has expired

Calculate 10 years from the date you completed your entire sentence, including imprisonment, probation, parole, and any suspended sentence. If 10 years have passed, the New Mexico state-level prohibition under NMSA 30-7-16 has expired automatically. No application, petition, or court order is required for the state ban to lift. However, the federal prohibition under 18 USC 922(g)(1) may still apply independently.

If within the 10-year period: Determine pardon eligibility

Under the Governor's Executive Clemency Guidelines (2022), applicants must remain free from arrest for a specified period following discharge from supervision: 5 years for less serious felonies, up to 10 years for more serious offenses, depending on the nature of the conviction. After meeting this waiting period, you may apply for a general pardon.

Apply for a gubernatorial pardon

Submit a completed clemency application to the Governor's Office by mail. The application requires a letter stating the facts of the crime and reasons for requesting a pardon, certified court documentation, arrest records, and supporting materials demonstrating rehabilitation. The Governor may forward the application to the Parole Board for investigation and recommendation.

Wait for the firearms restoration application period

Under the Executive Clemency Guidelines, applicants who receive a general pardon must then wait an additional year before applying specifically for restoration of the right to bear arms. This is a separate request that must be explicitly made — firearms restoration is not automatic with a general pardon.

Apply for firearms rights restoration

After the one-year waiting period following your pardon, submit a separate request to the Governor's Office for restoration of the right to bear arms. The Governor will review the request and may grant or deny restoration. If granted, the official document must explicitly state that your right to bear arms is restored.

Address the federal prohibition

Even after state-level restoration (whether by the 10-year expiration or a pardon), the federal prohibition under 18 USC 922(g)(1) may still apply. When New Mexico has restored all civil rights and no state firearms restriction remains in effect, the federal 'civil rights restored' exception may apply. Consult an attorney. The revived 18 USC 925(c) process may provide an additional pathway for federal relief.

Waiting Period

10 years after completion of sentence (including imprisonment, probation, parole, and any suspended sentence) for the state-level prohibition to expire automatically. For a gubernatorial pardon seeking earlier restoration, applicants must first wait 5-10 years (depending on offense severity) without an arrest after discharge from supervision, then apply for a general pardon, then wait an additional year before applying specifically for firearms rights restoration. If a pardon application is denied, the applicant may not reapply for 2 years.

Key Laws

Law	Year	Description
NMSA 30-7-16 — Firearms or Destructive Devices; Receipt, Transportation or Possession by Certain Persons	1978 (amended through 2023)	Prohibits any person convicted of a felony from receiving, transporting, or possessing any firearm or destructive device for 10 years after completion of sentence. After 10 years, the state-level prohibition expires automatically. Exempts persons who successfully completed a deferred sentence under NMSA 31-20-9. Violation is a fourth-degree felony (18 months imprisonment).
NMSA 31-13-1 — Felony Conviction; Restoration of Right to Hold Office	1953 (amended through 2023)	Automatically restores the right to vote and hold public office upon completion of sentence for all felony convictions. This automatic restoration of civil rights is important for the federal 'civil rights restored' exception under 18 USC 921(a)(20).
NMSA 31-20-9 — Deferred Sentence	1977 (amended through 2023)	Allows courts to defer sentencing for certain offenses. If the person successfully completes the total term of deferment, the conviction is not entered and the firearm prohibition under NMSA 30-7-16 does not apply. This is one of the few ways to avoid the 10-year firearm ban entirely.
New Mexico Constitution Article V, Section 6 — Governor's Pardon Power	1911	Grants the Governor the authority to grant pardons and reprieves for all offenses under state law except treason and impeachment. The Governor may condition the pardon and may include or exclude firearms restoration.
Executive Clemency Guidelines (2022)	2022	Issued by Governor Lujan Grisham's office, these guidelines establish the current process and eligibility criteria for clemency applications, including the requirement for a separate firearms restoration application one year after a general pardon.

Edge Cases

The 10-year period has passed. Can I just go buy a gun?

Under New Mexico state law, yes — the NMSA 30-7-16 prohibition expires automatically after 10 years from sentence completion. However, the federal prohibition under 18 USC 922(g)(1) does not have a 10-year expiration. When you attempt to purchase a firearm, the federal NICS background check will still show your felony conviction, and you may be denied. Whether the federal 'civil rights restored' exception applies when the state ban has expired is a legally uncertain area. Consult an attorney before attempting to purchase or possess a firearm.

I completed a deferred sentence. Am I prohibited from owning firearms?

No. Under NMSA 30-7-16(E)(3), the firearm prohibition does not apply to a person who has received a deferred sentence and completed the total term of deferment under NMSA 31-20-9. Since no conviction was entered, you are not a 'convicted felon' for purposes of the state firearm ban. However, under federal law, a deferred sentence may still qualify as a 'conviction' if it involved a finding or admission of guilt and the court could have imposed more than one year of imprisonment. This federal issue requires careful analysis — consult an attorney.

My pardon did not mention firearms. Are my gun rights restored?

Not necessarily. Under the Governor's Executive Clemency Guidelines, firearms restoration requires a separate, explicit request made at least one year after the general pardon is granted. A general pardon that restores civil rights (voting, holding office) but does not specifically mention firearms may not restore gun rights. You would need to apply separately for firearms restoration through the Governor's Office.

I was convicted of a felony in federal court while living in New Mexico. Does the 10-year rule apply?

NMSA 30-7-16 applies to 'any person convicted of a felony,' which includes federal convictions. The 10-year state prohibition would apply. However, a New Mexico governor's pardon cannot address a federal conviction — only a presidential pardon can do that. After 10 years, you would be in compliance with New Mexico state law, but the federal prohibition under 18 USC 922(g)(1) would remain in full force. The revived 18 USC 925(c) process may provide a pathway for federal relief.

Does New Mexico's record expungement law restore gun rights within the 10-year period?

New Mexico enacted a broad expungement law (HB 364) in 2019 allowing certain conviction records to be expunged. However, expungement alone may not override the 10-year firearm prohibition under NMSA 30-7-16, because the statute prohibits possession by any person 'convicted of a felony' and an expunged conviction may still count for this purpose. The interaction between the expungement law and the firearms statute is not fully settled. Consult an attorney for guidance on your specific situation.

Can my spouse keep guns in our home during my 10-year prohibition?

This is a risk area. Under federal law, a convicted felon is prohibited from having 'constructive possession' of firearms — meaning firearms that are accessible to the felon, even if owned by a spouse. If firearms are kept in a shared residence and you have access to them, you could be charged with constructive possession under both state and federal law. The safest approach is to keep firearms locked in a container to which only the non-prohibited spouse has access.

Frequently Asked Questions

Can a felon own a gun in New Mexico?: Not during the 10-year prohibition period. Under NMSA 30-7-16, a convicted felon cannot receive, transport, or possess any firearm for 10 years after completing their sentence. After 10 years, the state ban lifts automatically. For earlier restoration, a governor's pardon is the only option. Even after 10 years, the federal prohibition under 18 USC 922(g)(1) may still apply independently.
How long does the firearm ban last in New Mexico?: The state-level ban lasts exactly 10 years from the date you complete your entire sentence, including imprisonment, probation, parole, and any suspended sentence. After 10 years, the NMSA 30-7-16 prohibition expires automatically — no application needed. The federal prohibition under 18 USC 922(g)(1) does not have the same 10-year expiration.
How do I get a pardon in New Mexico to restore my gun rights early?: First, wait the required arrest-free period (5-10 years after discharge from supervision, depending on offense severity). Then submit a clemency application to the Governor's Office by mail with a letter explaining your crime and reasons for the pardon, certified court documents, and arrest records. If a general pardon is granted, wait one additional year, then apply separately for firearms rights restoration. The Governor has sole discretion to grant or deny the request.
Does a deferred sentence avoid the firearm ban in New Mexico?: Yes. Under NMSA 30-7-16(E)(3), the firearm prohibition does not apply to a person who received a deferred sentence and successfully completed the total term of deferment under NMSA 31-20-9. Since no conviction is entered upon successful completion, the 10-year ban does not apply under state law. However, federal law may still consider the deferred sentence a conviction in some circumstances.
What is the penalty for a felon possessing a gun in New Mexico?: Under NMSA 30-7-16, a convicted felon who possesses a firearm within the 10-year prohibition period is guilty of a fourth-degree felony, punishable by up to 18 months in prison and fines up to $5,000. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison.
Do voting rights get restored automatically in New Mexico?: Yes. Under NMSA 31-13-1, the right to vote and hold public office is automatically restored upon completion of sentence for all felony convictions. This automatic restoration is significant because it establishes one element of the federal 'civil rights restored' exception under 18 USC 921(a)(20), which may help lift the federal firearms disability after the 10-year state ban expires.
What if my pardon application is denied?: Under the Executive Clemency Guidelines, if your pardon application is denied by the current or a previous administration, you are not eligible to reapply until 2 years following the date of the previous application. During this time, you remain subject to the firearm prohibition. You may wish to wait for the 10-year state-level ban to expire naturally if you are close to that threshold.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This is particularly relevant for New Mexico felons whose 10-year state ban has expired but who still face the federal prohibition.

Take Action — Direct Links

New Mexico Governor's Office — Apply for Clemency
Official page for submitting clemency and pardon applications to the New Mexico Governor's Office.
NM Executive Clemency Guidelines (2022)
The current Executive Clemency Guidelines establishing eligibility criteria, application requirements, and the firearms-specific restoration process.
NMSA 30-7-16 — Full Statutory Text (2025)
Full text of NMSA 30-7-16, which establishes the 10-year firearm prohibition for convicted felons in New Mexico.
CCRC — New Mexico Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in New Mexico, including the 10-year ban, pardons, and deferred sentences.
NM Legal Group — Felonies and Firearms: What New Mexicans Need to Know
Legal guide explaining how felony convictions affect firearm rights in New Mexico, including the 10-year prohibition and restoration options.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.