5 February 2025, Las Cruces, New Mexico, Steven Zimmerman – “I have been hunting my whole life,” says Daniel Lomahaftewa of New Mexico, “and I have never had any problem at all before.”
Daniel Lomahaftewa, now in his late sixties, had a confusing encounter with the New Mexico State Police in late 2024. During a traffic stop, two NMSP officers discussed laws and whether a felon could or could not hunt in the State of New Mexico.
“I was told I was speeding, and this is why I got pulled over,” says DanielLomahaftewa, “and I may have been. When the policeman talked to me, he noticed my bows in the back of the truck and asked if I was hunting. I told him I was on my way.”
Daniel then sat and waited while the officer returned to his vehicle to run Lomahatewa’s background and write the citation for speeding.
“Another police car arrived, and the two officers began to speak to each other, then came back to my truck,” says Lomahatewa.
According to Daniel, when the officers came back to his truck, they began to talk about his past openly and whether his bows were considered dangerous weapons in the State of New Mexico.
“They were clueless about what I could and could not do,” says Daniel. “They should know the law because they are the ones that enforce the law.”
During this conversation, Daniel Lomahatewa showed them the New Mexico Department of Game and Fish website, which showed that Daniel was within the law.
According to the New Mexico Department of Game and Fish, any convicted felon is restricted to using archery equipment only. According to New Mexico statute 30-7-16 NMSA 1978, a firearm includes any handgun, rifle, muzzleloader, or shotgun.
“These officers were talking about if my bows were destructive devices, and the original officer said he might have to take me to jail for my bows,” says Lomahtewa.
The confusion begins here: I’ve read the definition of destructive devices in New Mexico (found at the bottom of the article), and it does not mention compound bows or crossbows. I contacted the New Mexico State Police’s Public Information Officer and asked NMSP officers when I encountered them around town.
I also spoke to state police officers during a small fair at Mesilla Valley Mall in Las Cruces and twice in Sprouts. Everyone I spoke with said that a felon could not hunt and could not own, possess, or use a compound bow or a crossbow.
When I spoke to the Public Information Officer, I was told I would need to talk to the Game and Fish Department. We contacted Amanda Richards, the Public Information Officer for the New Mexico State Police. However, the promised response was never provided after two months and several emails.
When two agencies entrusted with upholding and enforcing New Mexico law cannot agree on the law, you have a problem. While New Mexico law allows felons to hunt and restricts them to archery equipment, it doesn’t define what archery equipment can be used, leading one to believe they can hunt with a compound bow and a crossbow.
Daniel Lomahaftewa and others we’ve spoken with have all said the same thing: if the New Mexico State Police stop them and a prior State or Federal conviction is discovered, the officers are unclear on how to proceed if archery equipment is found in their vehicles.
“I have the law printed out and with me when I hunt,” says Michael Dewer. “I was convicted of DWI, and I hunt. When I was first off of probation, I would hunt utilizing a crossbow. I was stopped by the New Mexico State Police and taken into custody.”
A Colorado resident, Michael Dewer, was hunting with his father in New Mexico.
“My father, an avid hunter, only hunts using either a crossbow or a bow, and that’s how I grew up,” says Dewer, “when he was pulled over, the officer decided to run everyone in the truck.”
Eventually, Michael Dewer was released without being formally charged or booked into jail. Dewer commented that it was a telling experience that shook his faith in the training officers received.
“Shouldn’t they be somewhat familiar with the law before they attempt to enforce the law,” asked Dewer.
In Daniel Lomahaftewa’s case, the officers were unclear on the definition of a firearm. In New Mexico, according to 30-7-16. Firearms or destructive devices; receipt, transportation or possession by a felon; penalty a firearm is defined as: any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. “Firearm” includes any handgun, rifle or shotgun.
“These officers, one was saying that my crossbow could be turned into a weapon that could use gunpowder to shoot,” says Lomahaftewa. “The other one said he didn’t think so.”
In the end, Daniel Lomahafrewa was sent on his way with a warning.
“I live in Las Cruces, and the officer who stopped me said that I might get arrested if I get stopped again and they see the bows.”
I contacted the Las Cruces Police Department to see if someone convicted of a crime would be arrested for possessing either a compound bow or a crossbow. The Chief of Police, Jeremy Story, responded, “I’ve never heard of anyone being arrested for that.”
It’s troublesome that these pervading misconceptions about felons and hunting exist within the New Mexico State Police.
30-7-16. Firearms or destructive devices; receipt, transportation or possession by a felon; penalty.
A. It is unlawful for a felon to receive, transport or possess any firearm or destructive device in this state.
B. Any person violating the provisions of this section shall be guilty of a fourth-degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [31-18-12 NMSA 1978].
C. As used in this section:
(1) “destructive device” means:
(a) any explosive, incendiary or poison gas: 1) bomb; 2) grenade; 3) rocket having a propellant charge of more than four ounces; 4) missile having an explosive or incendiary charge of more than one-fourth ounce; 5) mine; or 6) similar device;
(b) any type of weapon by whatever name known that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell that is generally recognized as particularly suitable for sporting purposes; and
(c) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in this paragraph and from which a destructive device may be readily assembled.
The term “destructive device” does not include any device that is neither designed nor redesigned for use as a weapon or any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;
(2) “felon” means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and:
(a) less than ten years have passed since the person completed serving his sentence or period of probation for the felony conviction, whichever is later;
(b) the person has not been pardoned for the felony conviction by the proper authority; and
(c) the person has not received a deferred sentence; and
(3) “firearm” means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. “Firearm” includes any handgun, rifle or shotgun.