Have you been charged with a gun crime in Albuquerque, New Mexico? Jones Criminal Defense Attorneys can help when you call (505) 248 1400. We offer a free consultation with an experienced Albuquerque gun charges lawyer who can review your case, explain your rights, and build a strong defense strategy tailored to your situation.
Gun-related offenses in New Mexico are serious and can lead to jail time, heavy fines, and even the loss of your firearm rights. Whether you’re accused of unlawful possession, using a firearm during another crime, or making a prohibited purchase, our team will fight tirelessly to protect your freedom and your future.
Why Choose Jones Criminal Defense Attorneys To Help Me if I’ve Been Accused of Gun Charges in Albuquerque?
When facing serious criminal charges, experience and local knowledge are crucial. At Jones Criminal Defense Attorneys, we bring both to every case—along with a deep commitment to defending your rights.
Here’s why clients in Albuquerque, NM, trust our team when it matters most:
- Our firm was founded by Alexandra W. Jones, an Albuquerque native who is proud to fight for clients in the city she calls home.
- Attorney Jones has been named to Super Lawyers Rising Stars, a recognition of her professional excellence and dedication to the law.
- Our firm brings extensive experience in both criminal and civil litigation, providing clients with a well-rounded and strategic approach to every case.
- Our team represents clients in a wide range of criminal matters, from minor offenses to complex felony cases requiring detailed investigation and preparation.
- With a strong foundation in criminal defense, we are known for our skillful negotiation, thorough case preparation, and readiness to take cases to trial when necessary.
If you’ve been charged with a firearm offense, call today to schedule your free consultation with an Albuquerque criminal defense attorney.
Gun Charges in New Mexico
New Mexico is known for having relatively permissive gun ownership laws, particularly when compared to other states. However, this does not mean that all gun use or possession is legal. In fact, the state enforces strict rules about where firearms can be carried, how they can be transported, and—most importantly—who is allowed to possess them.
Violations of these rules can result in serious criminal charges, ranging from misdemeanors to felonies. Whether you’re a first-time gun owner or someone with prior convictions, it’s important to understand the legal boundaries to avoid potentially life-altering consequences.
Below are two of the most common gun-related offenses in New Mexico:
Unlawful Carrying of a Deadly Weapon
In New Mexico, it’s generally legal to openly carry a firearm in public. However, carrying a concealed, loaded, deadly weapon without proper authorization is against the law.
Unlawful carrying of a deadly weapon applies when someone hides a loaded firearm or other dangerous weapon on their person or in close reach—unless they qualify for one of the legal exceptions.
These exceptions include:
- Being on your own property or residence
- Carrying a weapon in a private vehicle for lawful protection
- Being a certified peace officer acting under agency policy
- Being a temporarily employed peace officer with approved firearms training
- Holding a valid concealed handgun license issued by the state
Violating this statute is a petty misdemeanor, which might sound minor—but a conviction can still carry lasting consequences, including a criminal record and potential firearm restrictions.
Possession of a Weapon by a Prohibited Person
Although many adults in New Mexico are legally permitted to own and carry firearms, certain individuals are prohibited from possessing any type of firearm or ammunition under both state and federal law.
These individuals include:
- Minors (generally under the age of 19 unless accompanied by a guardian or engaged in lawful hunting or shooting sports)
- Felons
- Persons subject to an order of protection
- Persons convicted of battery against a household member, criminal damage to the property of a household member
- Persons guilty of a first offense of stalking
- Persons guilty of a crime listed in 18 U.S.C. 921, which includes individuals with certain mental health adjudications or dishonorable military discharges
The severity of the charge depends on the individual’s legal status. For instance, a felon in possession of a firearm will typically face a third-degree felony, which can result in several years in prison.
Others on the prohibited list—such as individuals with restraining orders—may face misdemeanor charges, but these can still result in jail time, fines, and the loss of civil rights.
What Are the Penalties for Gun Charges in Albuquerque, New Mexico?
The penalties for gun charges in New Mexico depend on the circumstances of your case, your criminal history, and more. You could face:
- Jail or prison time: Misdemeanor weapons charges may result in up to one year in jail, while felony offenses can carry several years in state prison.
- Fines: Convictions may result in fines of thousands of dollars, depending on the charge.
- Loss of firearm rights: A conviction can lead to the suspension or permanent loss of your right to own or carry a firearm.
- Probation or parole: Courts may impose long-term supervision and restrictions as part of your sentence.
- Collateral consequences: A conviction may affect employment, professional licensing, or immigration status.
Some gun crimes, such as possession of a firearm by a felon or using a weapon during another crime, carry enhanced penalties. A strong legal defense is critical.
What Defenses Can Be Raised if I’m Accused of Gun Charges?
Facing gun charges in New Mexico doesn’t automatically mean a conviction. Depending on the facts of your case, several defenses may be available, such as:
- Lack of knowledge or intent: You may not have known you were in possession of a firearm, especially in cases involving shared vehicles or residences.
- Possession was lawful: If you had a valid concealed handgun license or were legally transporting a firearm in your vehicle, this could be a complete defense.
- Unlawful search and seizure: If law enforcement discovered a weapon during an illegal search, your attorney may be able to suppress the evidence.
- Mistaken identity: In some cases, the prosecution may have insufficient proof that you were the individual in possession of the weapon.
- You fall under a legal exception: Certain individuals—like peace officers or property owners—may be exempt from specific restrictions under state law.
An experienced defense attorney can help you identify and pursue the strongest possible legal strategy.
How a Criminal Defense Attorney Can Help if You’ve Been Accused of Gun Charges
Gun charges in New Mexico can carry lasting consequences. A skilled criminal defense lawyer can help you navigate the justice system, protect your rights, and work toward the best possible outcome.
When you hire a defense attorney, they can:
- Investigate the facts of your case and gather favorable evidence
- Challenge the legality of any searches, seizures, or arrests
- Identify procedural errors or constitutional violations
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in court and build a strong defense at trial
If you’re facing gun-related charges in Albuquerque or anywhere in New Mexico, don’t wait to seek legal help. Early intervention can be critical in protecting your future.
Schedule a Free Case Evaluation With Our Gun Charges Defense Lawyer
If you’re facing gun charges in Albuquerque, New Mexico, the road ahead can feel uncertain—but you don’t have to navigate it alone. At Jones Criminal Defense Attorneys, we understand what’s at stake and are committed to helping you protect your future.
We’ll take the time to listen, investigate, and build a defense strategy that’s tailored to your unique situation. With local roots and a reputation for determined advocacy, our team is ready to stand by your side when it matters most.
Call now to schedule your free case evaluation with an experienced Albuquerque criminal defense lawyer.