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House approves tougher penalty tier for serious violent felons in possession of firearms
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Summary
The House approved HB49, elevating possession-of-firearm offenses by "serious violent felons" to a second‑degree felony with discretionary sentencing (discussed as up to 9 years); members debated tiers, mandatory minimums and judicial discretion before the bill passed 54–9.
The House passed HB49 (committee substitute) by a vote of 54–9, increasing penalties for a serious violent felon who receives, transports or possesses a firearm or destructive device. The measure changes the offense classification for those identified as "serious violent felons," with sentencing discretion left to judges.
Representative (2), sponsor of the bill, said the measure focuses on those with prior, serious violent convictions — for example, second‑degree murder, kidnapping and first‑ or second‑degree robbery — and elevates the offense to a second‑degree felony for that subcategory. "This truly looks at the most violent serious offenses," Representative (10) said in support.
Members pressed on the tiering and sentencing. Critics, including Representative (37), said the bill still allows wide judicial discretion and that a person with a prior horrific crime who later receives a minor felony might escape stronger penalties under the current draft. Supporters said the change is intended to create parity with federal enforcement and allow prosecutors to pursue state charges in serious cases.
Law‑enforcement witnesses from Bernalillo County were present in support; sponsor cited county data that several officer‑involved shootings involved felons in possession of firearms in the prior year. The bill now proceeds to the Senate.