SENATE BILL 230

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

INTRODUCED BY

Sue Wilson Beffort

 

 

 

 

 

AN ACT

RELATING TO THE CONCEALED HANDGUN CARRY ACT; ALLOWING SCHOOLS TO DESIGNATE ONE EMPLOYEE TO CARRY A CONCEALED HANDGUN ON SCHOOL PREMISES.

 

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

     SECTION 1. A new section of the Concealed Handgun Carry Act is enacted to read:

     "[NEW MATERIAL] DESIGNATED SCHOOL EMPLOYEE MAY OBTAIN LICENSE.--A school may designate one of its employees to use the employee's concealed handgun license in order to bring a concealed handgun onto the premises of the school."

     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, except as provided in Section 1 of this 2013 act."

     SECTION 3. Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) is amended to read:

     "30-7-2.1. UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES.--

          A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

                (1) a peace officer;

                (2) school security personnel;

                (3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;

                (4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; [or]

                (5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; or

                (6) a school employee authorized to carry a concealed handgun under Section 1 of this 2013 act.

          B. As used in this section, "school premises" means:

                (1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or

                (2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.

          C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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