N.M. Stat. » N.M. Stat. / Chapter 30 / Article 7
New Mexico Statutes

N.M. Stat. § 30-7-2.2 (2026)

Unlawful possession of a handgun by a person;

✓ current as of May 2026
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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.

History: Laws 1994, ch. 22, § 2; 2022, ch. 56, § 25.

                                     ANNOTATIONS

Cross references. — For Section 501 of the federal Internal Revenue Code, see 26
U.S.C. § 501.

The 2022 amendment, effective May 18, 2022, clarified exceptions for unlawful
possession of a handgun by a person; and in Subsection A, Paragraph A(1), after
"handgun safety course", added "or participating in a lawful shooting activity", and in
Paragraph A(5), added "engaging in".

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "constructive
possession" of unregistered or otherwise prohibited weapon under state law, 88
A.L.R.5th 121.

What constitutes actual or constructive possession of unregistered or otherwise
prohibited firearm in violation of 26 USCS § 5861, 133 A.L.R. Fed. 347.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1999–2026 · leading case: State v. Jason L., 2 P.3d 856 (N.M. 2000).
Sort: Relevance Newest Treatment
State v. Jason L., 2 P.3d 856 (N.M. 2000). · cites it 4× “{3} At approximately 10:00 p.m. on Thursday, July 17, 1997, the officers were returning from an unrelated call when they noticed two boys walking eastbound on 13th Street toward Washington in Roswell.”
In Re Jason L., 985 P.2d 1222 (N.M. Ct. App. 1999). · cites it 4× “Accordingly, he conducted a pat-down of Defendant which disclosed that he also had a .”
Smith Ex Rel. Smith v. Bryco Arms, 33 P.3d 638 (N.M. Ct. App. 2001). · cites it 2× “§ 922 (l)(x) (1994) (unlawful sale of handgun by “person” to juvenile not enacted until 1994); NMSA 1978, § 30-7-2.2 (1994) (unlawful possession of handguns by juveniles not enacted until 1994).”
Rocky Mountain Gun Owners v. Polis, 121 F.4th 96 (10th Cir. 2024). “These jurisdictions currently do not restrict the sale or purchase of firearms but do restrict possession for individuals aged 18 or 19 and younger: New Mexico ( N.M. Stat. Ann. § 30-7-2.2 ); South Dakota ( S.”
State v. Sanchez (N.M. Ct. App. 2026). · cites it 3× “{1} A jury convicted Defendant Jamari Sanchez of second-degree murder, contrary to NMSA 1978, Section 30-2-1(B) (1994), and unlawful possession of a handgun by a person under age nineteen, contrary to NMSA 1978, Section 30-7-2.2 (1994, amended 2022). Defendant appeals and argues…”
State v. Maximillian H. (N.M. Ct. App. 2025). · cites it 2× “Child was subsequently charged with unlawfully carrying a deadly weapon on school premises, contrary to NMSA 1978, Section 30-7-2.”
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