HOUSE BILL 578

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Stephen Easley

AN ACT

RELATING TO FIREARMS; BANNING FIREARMS FROM THE STATE CAPITOL; PROVIDING EXEMPTIONS; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] UNLAWFUL CARRYING OF A FIREARM ON STATE CAPITOL PREMISES--EXEMPTIONS--NOTICE--PENALTY.--

          A. Unlawful carrying of a firearm in the state capitol consists of carrying a firearm in the state capitol except by:

                (1) a law enforcement officer, whether on duty or off duty;

                (2) legislative security personnel pursuant to policies adopted by the New Mexico legislative council;

                (3) active duty members of the United States armed services or the New Mexico national guard when the carrying of a firearm is in the course of their official duties; and

                (4) the governor and the lieutenant governor.

          B. Subsection A of this section shall not apply to persons who, with the permission of the director of the legislative council service or the director's designee, are carrying firearms for display purposes so long as such firearms are not loaded and have a trigger lock that is engaged on the firearm.

          C. The legislative council service shall conspicuously post notices at the state capitol that state that it is unlawful to carry a firearm in the state capitol.

          D. As used in this section:

                (1) "law enforcement officer" means a federal, state, tribal or municipal police officer, county sheriff, deputy sheriff, conservation officer, motor transportation enforcement officer or other federal, state, county or municipal employee authorized by federal or state law to enforce criminal statutes;

                (2) "legislative security personnel" means a person employed by the legislative council service to provide security services at the state capitol and on the premises of the state capitol; and

                (3) "state capitol" means the building in which the legislature is housed and includes all buildings

under the exclusive control and custody of the New Mexico legislative council pursuant to Section 2-3-4 NMSA 1978.

          E. Whoever commits unlawful carrying of a firearm in the state capitol is guilty of a petty misdemeanor."

     SECTION 2. Section 29-19-8 NMSA 1978 (being Laws 2003, Chapter 255, Section 8) is amended to read:

     "29-19-8. LIMITATION ON LICENSE.--

          A. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.

          B. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on school premises, as provided in Section 30-7-2.1 NMSA 1978.

          C. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on the premises of a preschool.

          D. Except for the governor and lieutenant governor, nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun in the state capitol, as provided in Section 1 of this 2013 act."

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