A. Possession of an explosive device or incendiary device consists of knowingly possessing, manufacturing or transporting any explosive device or incendiary device or complete combination of parts thereof necessary to make an explosive device or incendiary device. This subsection shall not apply to any fireworks as defined in section 60-2C-2 N.M. Stat. Ann. or any lawfully acquired household, commercial, industrial or sporting device or compound included in the definition of explosive device or incendiary device in Section 30-7-18 N.M. Stat. Ann. that has legitimate and lawful commercial, industrial or sporting purposes or that is lawfully possessed under Section 30-7-7 N.M. Stat. Ann..

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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B. Any person who commits possession of an explosive device or incendiary device is guilty of a fourth degree felony.