Summary:

 House Bill 166 (HB 166) increases the penalty for a felon in possession of a firearm or destructive device to five years imprisonment, creates the second-degree felony for a felon in possession of a firearm or destructive device for a second or subsequent offense, and increases the penalty for a serious violent felon in possession of a firearm or destructive device to a second-degree felony.   

Legislation Overview:

 House Bill 166 (HB 166) amends Sections 30-7-16 and 31-18-15 NMSA 1978 by increasing the penalties for certain firearm offenses by felons.  
First, HB 166 increases the penalty for a felon found in possession of a firearm or destructive device from three years to five years imprisonment.  It then creates a new second degree felony crime for subsequent offenses, with a sentence of nine years imprisonment.  
Second, HB 166 amends the crime of a serious violent felon in possession of a firearm or destructive device by increasing the penalty from a third-degree to a second-degree felony.  The penalty for a second degree felony is nine years imprisonment.  
HB 166 is effective July 1, 2025.   

Current Law:

 Currently, the sentence for felon in possession of a firearm is three years imprisonment, and the law does not treat subsequent offenses differently.  The penalty for a serious violent felon in possession of a firearm is a third degree felony with a basic prison term of six years.