Duke Center for Firearms Law
Duke Law logo

1921 N.M. Laws 201-02, An Act to Provide Additional Protection to Wild Birds and Game; Prohibiting the Hunting, Capturing or Killing of Wild Birds and Game Animals by Unauthorized (Unnaturalized) Foreign Born Residents of New Mexico and Adjoining States; Prohibiting the Possession or Use by Such Residents of Shotguns or Rifles within the State of New Mexico; Prescribing Penalties for Violation of this Act, ch. 113, §§ 1-4.

1. It shall be unlawful for any unnaturalized, foreign born resident of New Mexico, or of adjoining states, to hunt for, capture, kill or wound any wild bird or game animal within this State; and to that end it shall be unlawful for any unnaturalized, foreign born resident of New Mexico, or of the adjoining states, to use or have in his possession or under control within this State, any shotgun or rifle of any kind. 2. Possession of a shotgun or rifle of any kind at any place within this State, by an unnaturalized, foreign born resident, shall be conclusive evidence of the violation of the provisions of this act. 3. Each person violating any provisions of this act shall, upon conviction thereof, be punished by a fine of twenty-five dollars, or by imprisonment in the county jail for not more than thirty days, for each offense; Provided, that in addition to such penalty, all guns and rifles of the hereinbefore mentioned kinds found in possession or under the control of any unnaturalized foreign born resident, shall, upon conviction of such person, upon the signing of a declaration of guilt, as prescribed in this act, be forfeited to the State of New Mexico, and shall be sold by the state game warden as hereinafter directed. 4. The presence of a shotgun or rifle of any kind in any room, house, building, automobile, vehicle, tent or camp of any description within this State, owned, occupied or controlled by an unnaturalized foreign born resident shall be prima facie evidence that such gun or rifle is owned or controlled by the person owning, occupying or controlling the property in which such gun or rifle is found.