Expert: Robert P. Firriolo - 4/10/2008

Question
thanks for taking your time to see this..I had a dwi 1st offense (it is a misdeamnor) last year in october i pleaded guilty to it i live in New Mexico and was wondering can i buy a shotgun rifle handgun if you have this on your record? i own a mossberg 500 currently but was looking into getting a 22 handgun or a remington 1100

Answer
Federal law considers one a "prohibited person" if he or she has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. The same is true for one who has been convicted of a misdemeanor crime of domestic violence. See 18 U.S.C. 922(g) and (n), and 27 CFR 478.32 for the full text of the law and associated regulation. A prohibited person may not possess or receive firearms or ammunition.

I am not familiar with New Mexico criminal law, but assuming that your DWI misdemeanor was not "a crime punishable by imprisonment for a term exceeding one year" (and most misdemeanors are not), then you would not be a prohibited person under federal law and you would be able to purchase firearms. This is not legal advice, and I am only speaking generally from the limited information you have provided.

It is possible, but unlikely, that New Mexico has a state law that prohibits you from purchasing a firearm with your misdemeanor conviction. I have not researched NM firearm laws, and you would have to check local laws to be certain.