Albuquerque Gun Lawyer

Crimes involving guns and other weapons have become increasingly common in Albuquerque and around the country. To confront the firearm violence problem, state lawmakers have enacted laws to limit the unlawful possession and use of guns. Unfortunately, these stricter laws may be confusing, and you might find yourself facing gun charges even though you did not realize you had broken the law.

Fortunately, a knowledgeable Albuquerque gun lawyer familiar with local laws will know how to build a strong defense. Our experienced criminal defense attorneys work tirelessly to support local people and protect your right to bear arms.

Common Gun Offenses

New Mexico has several laws that regulate the possession and use of firearms.

Unlawful Carrying

New Mexico Statute Ann. § 30-7-2 regulates the carrying of deadly weapons, with people only permitted to carry loaded weapons in specific situations. These include on a person’s property or in their residence, in a private car for protection purposes, by a police officer, or by someone with a valid concealed handgun license. These restrictions do not apply to unloaded guns.

If convicted of unlawful carrying charges, an individual could face petty misdemeanor charges. However, if the unlawful carrying occurs on school grounds or in a bar, an alleged offender could face elevated fourth-degree misdemeanor charges.

Negligent Use

N.M. Stat. Ann. § 30-7-4 sets restrictions on the negligent use of a deadly weapon, whereby people cannot knowingly endanger someone or their property, nor can they fire into a building or vehicle, nor can they carry a gun while drunk or under the influence of drugs. Individuals cannot handle a weapon negligently, risk endangering others, or discharge a weapon close to a building without the owner’s permission. If convicted, an individual could face petty misdemeanor charges.

Restrictions on Possession

New Mexico does not allow everyone to possess firearms. Felons and individuals subject to possession orders are prohibited from possessing firearms, which carries the risk of a misdemeanor charge if convicted. A felon could face third-degree felony charges for possessing a firearm, with a serious violent felon facing additional penalties.

Concealed Handgun Laws

N.M. Stat. Ann. § 29-19-4 regulates the possession of concealed handguns and determines who is eligible to obtain a concealed handgun license. Only the following people can obtain concealed handgun permits:

  • U.S. citizens
  • New Mexico residents
  • People who are at least 21 years old
  • Individuals who have completed a firearms course
  • Non fugitives
  • People not convicted of a felony or under indictment for a felony criminal offense
  • Individuals not prohibited by any law from possessing or buying a gun
  • People not adjudicated mentally incompetent or addicted to alcohol or drugs

Anyone who unlawfully carries a concealed gun without a valid permit or who otherwise violates restrictions on concealed handgun laws can face serious charges.

If you are facing a gun charge, a skilled attorney in Albuquerque with a proven record of helping people who have faced similar charges could review your case and determine the best possible defense strategy.

Possible Penalties for Gun Charges

Depending on the severity of the alleged gun crime, you could face misdemeanor or felony charges. Some of the possible penalties include:

  • Prison
  • Criminal fines and fees
  • Loss of the right to own a firearm
  • A permanent criminal record, which could impair your professional and personal reputation
  • Loss of a professional license, including medical, attorney, or nursing
  • Damage to your immigration status, including the loss of a visa or green card or forced deportation to your country

A local Albuquerque attorney understands the importance of gun rights and could mount a defense that protects your constitutional rights.

Contact a Seasoned Albuquerque Gun Attorney Today

If you are facing weapons charges, work with an Albuquerque gun lawyer from Duran & McDonald. Contact our experienced local team today—we know how to protect your rights. Our seasoned legal team understands the local laws and could help you contest the charges, working toward a resolution that minimizes penalties.