Executive Summary
For many New Mexicans, the right to own and possess firearms is a valuable part of life. However, a criminal record in Albuquerque can strip individuals of this right. Pardons and firearm rights are closely connected because a pardon may restore your civil rights – including the right to possess firearms. Expungement, on the other hand, clears public records but does not guarantee firearm rights are restored under New Mexico law. Since state and federal laws overlap, understanding how pardons affect firearm possession requires careful legal guidance.
What Are Pardons and Expungements in New Mexico?
Before discussing how pardons affect firearm possession, it is important to understand the difference between a pardon and an expungement in Albuquerque.
- Pardon: A pardon, granted by the Governor of New Mexico, formally forgives a criminal offense and can restore rights lost due to the conviction. While a pardon does not erase the conviction from your record, it is closely tied to firearm rights, as it may, in some cases, reinstate the ability to legally possess a firearm.
- Expungement: Expungement removes certain arrests, charges, or convictions from public view. While it helps reduce the burden of a criminal record in Albuquerque, an expungement does not automatically restore firearm rights.
Both tools can be valuable in helping you move forward with your life, but they serve different purposes when it comes to pardons and firearm rights.
Federal vs. State Laws on Pardons and Firearm Rights
Firearm possession is controlled by both federal and state law, which can make the issue of pardons and firearm rights a bit more complicated. Even if the State of New Mexico grants a pardon, federal law may still restrict your right to own a firearm.
- State law: New Mexico may allow the restoration of firearm rights through a pardon.
- Federal law: Federal restrictions may still restrict gun rights, particularly for felony cases.
Both levels of government have authority so navigating pardons and firearm rights often requires the help of an experienced Albuquerque expungement attorney.
How Pardons Affect Firearm Possession in Albuquerque
One of the most common questions is how pardons affect firearm possession after a felony conviction in Albuquerque. The answer depends on the details of your case.
- In some cases, a pardon may restore your civil rights, including firearm rights.
- In other circumstances, even with a pardon, federal law may continue to prohibit you from owning a firearm.
- Courts and agencies often look at the language of the pardon itself to decide if firearm rights are included.
Understanding how pardons affect firearm possession in New Mexico requires a careful review of both your conviction and the scope of the pardon.
How Expungements Affect Firearm Rights in Albuquerque
Expungement can make a criminal record invisible to the public, which can be valuable for employment, housing, and reputation. However, expungement does not automatically restore firearm rights. Even if your conviction is expunged in New Mexico, you may still be prohibited from legally owning or possessing a firearm under state or federal law.
Expungement focuses on clearing the public record, while a pardon is more directly tied to restoring your civil rights, including the right to own a firearm in certain cases. Understanding this distinction helps you see why expungement alone may not be enough if your goal is to legally possess a firearm.
Protecting Your Rights with the Help of a New Mexico Criminal Defense Attorney
Restoring firearm rights after a conviction can be complex, and misunderstanding how pardons affect firearm possession can put you at risk of new criminal charges if you are found with a firearm. An experienced New Mexico criminal defense attorney can evaluate your eligibility, clarify how state and federal laws impact your case, and guide you through the process to protect your rights and your future.
At New Mexico Legal Group, we understand the connection between pardons and firearm rights. With offices in Albuquerque and Las Cruces, our criminal defense attorneys are here to help you protect yourself and rebuild your future. Contact us today to schedule a consultation.
Mark Pustay
Divorce Attorney at New Mexico Legal Group
Mark Pustay is a dedicated family law attorney with a strong litigation background and extensive experience in both mediation and trial practice. In addition to bringing loyalty, persistence, and optimism to clients facing the challenges of domestic relations litigation, he also shares his knowledge as an Adjunct Professor of Political Science at the University of New Mexico.
Education: Case Western Reserve University School of Law
Years of Experience: 19+ years of high-level divorce experience