46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMES; PROHIBITING POSSESSING A FIREARM IN A COURTHOUSE.

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

Section 1. A new section of the Criminal Code, Section 30-7-2.4 NMSA 1978, is enacted to read:

"30-7-2.4. [NEW MATERIAL] UNLAWFUL POSSESSING OF A FIREARM IN A COURTHOUSE.--

A. Unlawful possessing of a firearm in a courthouse consists of possessing a loaded or unloaded firearm in any courthouse or court facility except:

(1) by a law enforcement officer or authorized court security officer in the lawful discharge of his duties; or

(2) for use as evidence in a court proceeding, provided that the:

(a) firearm is made completely inoperative before it is carried into the courthouse or court facility and remains inoperative while it is in the courthouse or court facility; and

(b) person using the firearm as evidence gives notice to the court administrator or chief clerk of the court that the firearm will be used as evidence in a court proceeding.

B. Whoever commits unlawful possessing of a firearm in a courthouse is guilty of a fourth degree felony."