A. All firearms and bows and arrows may be subject to seizure and forfeiture when used as instrumentalities in the commission of the following crimes:
(1) illegal possession or transportation of big game during closed season;
(2) taking big game during closed season;
(3) attempting to take big game by the use of spotlight or artificial light; and
(4) exceeding the bag limit on any big game species during open season.
B. Any motor vehicle shall be subject to seizure and forfeiture when operated in violation of the provisions of Section 17-2-31 NMSA 1978, regarding hunting by spotlight.
C. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture pursuant to Subsections A and B of this section.
History: 1978 Comp., § 17-2-20.1, enacted by Laws 1979, ch. 321, § 1; 1991, ch. 53, § 1; 2002, ch. 4, § 9.
The 2002 amendment, effective July 1, 2002, deleted former Subsection B, which read: "Provided that no firearms or bows and arrows shall be subject to forfeiture if the violation was without the knowledge or consent of the owner"; redesignated former Subsection C as present Subsection B and deleted the last sentence of that section, which directed that seized and forfeited motor vehicles were to be disposed of in accordance with the provisions of Section 17-2-20.2 NMSA 1978; deleted former Subsection D, which read: "No conveyance is subject to forfeiture under this section by reason of any act or omission established for the owner to have been committed or omitted without his knowledge or consent. A forfeiture of a conveyance encumbered by a bona fide security interest shall be subject to the interest of a secured party if the secured party neither had knowledge of nor consented to the act or omission"; and added present Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game §§ 52 to 54.
Right to jury trial in case of seizure of property alleged to be illegally used, 17 A.L.R. 568, 50 A.L.R. 97.
Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738.
Validity, construction, and effect of statutes or regulations making possession of fish and game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093.
Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.
Seizure and forfeiture of firearms or ammunition under 18 USCS § 924(d), 57 A.L.R. Fed. 234.
37 C.J.S. Forfeitures § 3; 38 C.J.S. Game §§ 61, 63, 64, 67.
Structure New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
Section 17-2-1 - Commission powers.
Section 17-2-2 - Game to be protected.
Section 17-2-2.1 - Artificial wildlife.
Section 17-2-3 - Protected wildlife species and game fish defined.
Section 17-2-4.1 - Jaguar to be protected.
Section 17-2-5 - Adoption of regulations; effective date.
Section 17-2-6 - Game and fish management areas; closed lakes or streams; notice.
Section 17-2-7 - Unlawful hunting or fishing.
Section 17-2-7.2 - Landowner taking; conditions; department responsibilities.
Section 17-2-8 - Unlawful taking of big game and waste of game.
Section 17-2-9 - Jurisdiction of magistrate court.
Section 17-2-10 - Violation of game and fish laws or rules; penalties.
Section 17-2-10.2 - Game and fish penalty assessment; payment.
Section 17-2-10.3 - Game and fish penalty assessment; license revocation.
Section 17-2-10.4 - Game and fish penalty assessment revenue; disposition.
Section 17-2-11 - [Witness testifying for state; evidence not to be used against him.]
Section 17-2-12 - Refuges; firearms on; prohibited; exceptions.
Section 17-2-13 - Songbirds; trapping, killing or injuring prohibited.
Section 17-2-15 - [Horned toads; killing, selling or shipping from state unlawful.]
Section 17-2-17 - [Storage of game or fish.]
Section 17-2-18 - [Menu as evidence of possession of game or fish.]
Section 17-2-19 - Enforcement of game laws; powers of conservation officers.
Section 17-2-20.1 - Seizure and forfeiture; property subject.
Section 17-2-20.3 - Penalties.
Section 17-2-22 - Sale of evidence in cases of appeal.
Section 17-2-23 - [Reports of seizures and sales.]
Section 17-2-25 - [Game or fish in possession of passenger; carrier exempt from liability; seizure.]
Section 17-2-26 - Civil liability.
Section 17-2-27 - [District attorneys to prosecute and defend actions under fish and game laws.]
Section 17-2-28 - [Indians hunting off reservations; hunting on reservations; application of laws.]
Section 17-2-31 - Use of artificial light while hunting prohibited.