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Convicted felon question

skippy2

Newbie
Joined
Nov 29, 2017
Messages
5
Location
New Mexico
I have a friend who was convicted of a serious felony in California years ago. He has served his time and become a productive citizen in New Mexico. He is currently an owner/operator of a trucking business. Under these circumstances, what king of firearm, if any, is he allowed to own in New Mexico? Is he allowed to have one in his truck? He doesn't care about open carry or a CCP it's just that he has to park overnight in some questionable areas. Any advice is appreciated, especially any references to applicable statutes.

PS His routes carry him to New Mexico, Texas, Arizona and Colorado.
 

pkbites

Regular Member
Joined
Jun 2, 2006
Messages
763
Location
Milwaukee, Wisconsin, ,
Unless there are extenuating circumstances you didn't present pretty much, none. Did he get his rights restored? Was there a deferred prosecution? Was the crime in California also considered a felony in NM? He has both state and federal laws barring him from ownership.

He might be able to own an antique firearm (made before 1898) but I've seen some debate on whether this is true or not. Either way, he needs to consult with an attorney versed in this field of law and research state and federal statutes instead of seeking the answer online. I am not a lawyer, none of this has been legal advice.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,133
Location
Kentucky
Felon firearm ban does not apply to antique firearms such as black powder and percussion cap revolvers etc or replicas of them.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,425
Location
here nc
there is sumthing about commercial drivers prohibited from carrying !! i'll look shortly...

oh wait...i know where i saw it...OC forum itself...


betcha there is good info there...huh?
 

pkbites

Regular Member
Joined
Jun 2, 2006
Messages
763
Location
Milwaukee, Wisconsin, ,
Felon firearm ban does not apply to antique firearms such as black powder and percussion cap revolvers etc or replicas of them.
Perhaps not under federal law, depending on the arm, but there may be state prohibitions. Which s why I always suggest speaking to a qualified attorney on the subject rather than just accepting info that is online.
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
152
Location
briar patch, NM
New Mexico Statutes 30-7-16. Firearms or destructive devices; receipt, transportation or possession by a felon; penalty
A. It is unlawful for a felon to receive, transport or possess any firearm or destructive device in this state.
...

(2) “felon” means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and:

(a) less than ten years have passed since the person completed serving his sentence or period of probation for the felony conviction, whichever is later;

(b) the person has not been pardoned for the felony conviction by the proper authority; and

(c) the person has not received a deferred sentence; and

now everyone is on the same "i have a friend", a "rehabilitated" felon, who is a commercial driver/business owner wanting to carry, who doesn't want to OC nor get a NM CC carry permit, to protect themselves while parking in a rest/truck/walmart stop?

perhaps the term spam is appropriate?
 
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