AboutRobert P. Firriolo Expertise General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies on behalf of clients; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono representation of select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials Attorney at law. Extensive independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Range Safety Officer.
Awards and Honors Martindale-Hubbell "AV" Peer-Review Rating.
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.
