This encyclopedia entry explains New Mexico gun laws for people researching felony convictions, prohibited-person rules, firearm purchases and carry, and restoration of gun rights. It uses current nationwide comparison sources but links readers to the official New Mexico code because the controlling statute always governs.
Can a felon own a gun in New Mexico?
State-law summary: New Mexico generally prohibits firearm possession after felony conviction for 10 years following completion of sentence. A pardon can provide earlier or additional relief where legally effective.
New Mexico also uses universal background checks, a waiting period, and extreme-risk protection orders.
The federal question is separate. 18 U.S.C. § 922(g)(1) generally prohibits firearm and ammunition possession after a qualifying conviction, while 18 U.S.C. § 925(c) provides a federal relief route. The effect of state relief can also require analysis under § 921(a)(20).
New Mexico firearm-law snapshot
| Jurisdiction | New Mexico (NM) |
|---|---|
| Felony / restoration summary | New Mexico generally prohibits firearm possession after felony conviction for 10 years following completion of sentence. A pardon can provide earlier or additional relief where legally effective. |
| Concealed carry framework | A state/DC permit generally remains part of lawful concealed carry for qualifying adults. |
| Private-sale background checks | Broad background-check requirement applies to many or all private firearm transfers, subject to exceptions. |
| Purchaser permit / licensing | No general purchaser-license system identified for all ordinary firearm acquisitions; other eligibility checks still apply. |
| Extreme-risk order law | Yes — the jurisdiction has an extreme-risk / firearm-removal order process. |
| Waiting period | Yes — a statutory waiting-period rule applies to at least some firearm purchases, subject to exceptions. |
| Assault-style weapon restrictions | No broad statewide assault-weapon ban identified in the current comparison. |
| Large-capacity magazine restrictions | No broad statewide magazine-capacity limit identified in the current comparison. |
| Privately made / ghost-gun rules | No broad statewide ghost-gun statute identified in the current comparison; federal rules still apply. |
Policy comparisons summarize broad statewide rules and exceptions. They are not a substitute for the current statute, implementing regulations, litigation status, local rules, or a person’s eligibility.
Official New Mexico gun-law sources
- Official New Mexico code / legislature source ↗
- ATF State Laws and Published Ordinances — Firearms ↗
- 25 major gun-law court cases
- Can a felon own a gun? Federal + state guide
What is unique about New Mexico?
New Mexico also uses universal background checks, a waiting period, and extreme-risk protection orders. The table above also shows how New Mexico compares on concealed carry, private-sale background checks, purchase licensing, extreme-risk orders, waiting periods, assault-style weapons, magazine capacity, and privately made firearms. Each of those rules has exceptions and definitions that should be verified in the official code.
How to get gun rights back after a felony in New Mexico
- Get the exact record. Obtain the judgment, charging statute, offense classification, sentence, discharge date, and every later court or clemency order.
- Apply the New Mexico restoration rule. Determine whether the state uses automatic restoration, a waiting period, court petition, pardon, expungement/set-aside, certificate, or another mechanism.
- Check exclusions. Violent, dangerous, weapons, drug, domestic-violence, sex, repeat, or other listed convictions can follow different rules.
- Run the federal analysis. Determine whether § 922(g)(1), § 922(g)(8), § 922(g)(9), or another federal category still applies.
- Resolve federal relief if necessary. Review the DOJ § 925(c) restoration program when the federal disability remains.
Purchase, carry and possession are different questions
A state may allow permitless carry for qualifying adults while still prohibiting a particular person from possessing firearms. Conversely, a state may require purchase permits, waiting periods, background checks or concealed-carry licenses even after a person’s conviction-based disability has been removed. Restoration does not waive ordinary firearm regulations.
Recent court cases that may affect the analysis
Modern Second Amendment litigation is changing quickly. Bruen changed the constitutional test; Rahimi clarified the historical-analogue method; Range, Williams, Diaz, Duarte, Zherka, Vincent, and Dubois show differing appellate approaches to felony firearm challenges; and the Supreme Court’s 2026 Hemani decision narrowed § 922(g)(3) without deciding § 922(g)(1). See the case library for full entries.