New Mexico House Votes 54–9 to Increase Penalties for Felons With Guns; Bill Heads to Senate

The New Mexico House of Representatives overwhelmingly voted on Tuesday to enhance penalties for convicted violent felons who possess firearms illegally. This bipartisan move sends House Bill 49 to the Senate, demonstrating a collective commitment to public safety. 

The measure, passed by a 54–9 vote, raises the penalty for firearm possession by a serious violent felon from a third-degree felony to a second-degree felony, carrying a sentence of up to nine years in prison, which is three years longer than under current law.

“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,” Governor Michelle Lujan Grisham said. “The House did its job today with a strong show of bipartisan support for this bill. I trust that the Senate will do the right thing and move quickly to approve HB 49 so I can sign it into law as soon as possible.” 

The legislation focuses on individuals previously convicted of the most serious offenses, including murder, kidnapping, criminal sexual penetration, robbery, aggravated assault on peace officers, and shooting at homes or vehicles. By extending prison sentences for repeat violent offenders, the measure aims to curb gun violence and safeguard New Mexicans from individuals with proven histories of dangerous criminal conduct. 

There have been three fatal encounters in just the past five weeks highlight the urgent need for Senate action. In each instance, convicted felons unlawfully obtained firearms, putting both law enforcement officers and the public at risk:

·         Jan. 10, Albuquerque: James Litteral, a convicted felon, pointed a gun at an officer during an attempted carjacking at an Amazon distribution center, resulting in a fatal officer-involved shooting. Litteral had an extensive criminal history. At the time of the officer-involved shooting, Litteral was on probation. In addition, he had previously been charged twice with felon in possession of a firearm. In 2025, Litteral had purportedly been arrested in another state for burglary.

·         Feb. 3, Albuquerque: Roman Kirby, whose criminal history dates to the 1990s and includes prior firearm possession charges, threatened officers with a gun during an hours-long SWAT standoff on I-40, ending in his death. Kirby had been previously been charged by the US Attorney for the District of New Mexico for being felon in possession of a firearm. In January 2012, he was sentenced to 188-months in prison.

·         Feb. 8, Las Cruces: Johnny Ray Morales, 28, fired at police outside a Walmart. Morales had a lengthy criminal record and was awaiting trial on charges including possession of a firearm by a felon, receiving a stolen firearm and child abuse. 

HB 49 now heads to the Senate for consideration.  The public can contact their Senators and Representatives to voice their opinion about the bill.

https://www.nmlegis.gov/members/Legislator_List?T=S