House approves bill increasing criminal penalties for certain felons in possession of a firearm

SANTA FE — After several years of unsuccessful attempts, Gov. Michelle Lujan Grisham's push to crack down on gun violence perpetrated by repeat offenders is halfway around the Roundhouse.

The House of Representatives voted 54-9 on Tuesday to approve a bill backed by the governor that would increase the criminal penalty for individuals with violent felony convictions who are found in possession of a firearm.

House Republicans and all but nine Democrats voted in favor of the legislation, House Bill 49, which now advances to the Senate with just over a week left in the 30-day legislative session.

"Raising the penalty for serious violent felons who flout the law by possessing firearms is a monumental step toward reducing gun crime and violence in New Mexico," Lujan Grisham said in a statement after Tuesday's vote.

This year's bill has advanced at the Roundhouse after several recent law enforcement standoffs that ended in violence. Just days ago, Las Cruces police officers fatally shot 28-year-old Johnny Ray Morales, who was facing criminal charges, including possession of a firearm by a felon and allegedly firing at an officer.

Specifically, the legislation would make it a second-degree felony with a mandatory sentence of at least nine years in prison for an individual previously convicted of a "serious violent offense" to possess a firearm. Under state law, serious violent offenses include murder, manslaughter, rape and kidnapping, in addition to other crimes.

Increasing the penalty for the state's felon in possession law — such a crime is currently a third-degree felony punishable by up to three years in prison — would likely increase incarceration rates and could cost the state an additional $27,200 per year, according to a legislative analysis of the bill. 

While critics have raised concerns that the increased severity of the penalty could be too drastic, supporters of the legislation have argued the change is needed to better protect New Mexico residents and law enforcement officials alike.

"This legislation will help reduce gun violence and increase accountability for serious, repeat offenders by bringing New Mexico’s penalties more in line with the federal law,” said Rep. Joy Garratt, D-Albuquerque, after Tuesday's vote.

However, attempts in recent years to stiffen the state's current felon-in-possession law have been unsuccessful at the Roundhouse amid a prevailing wariness among lawmakers about the effectiveness of increased criminal penalties.

That includes an attempt during a 2024 special session that ended with the Democratic-controlled Legislature declining to take up the governor's crime-focused agenda.

New Mexico has seen its crime rates decrease in recent years, but the prevalence of murder and aggravated assault in the state was more than twice the national average as of 2024, according to FBI data. The state also has one of the nation's highest rates of firearm-involved deaths.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com