New Mexico Statutes 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
if:
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| fourth degree felony | up to 18 months | up to $5,000 |
Terms Used In New Mexico Statutes 30-7-4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
A. A person commits the crime of negligently making a firearm accessible to a minor
(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.