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F I S C A L I M P A C T R E P O R T

SPONSOR Anderson

DATE TYPED 3/6/05

HB 377/aHJC

SHORT TITLE Allow Judges to Carry Firearms

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

Department of Public Safety (DPS)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment to House Bill 377 states a concealed handgun li-

cense shall not be valid in a courthouse or court facility unless authorized by the presiding judi-

cial officer for that courthouse or court facility or by a judge in the courthouse if the judge has

a valid and current concealed handgun license pursuant to the Concealed Handgun Carry Act.

The amendment removes the requirement that a judge must have successfully completed a

course of firearms instruction prescribed by the New Mexico law enforcement academy or pro-

vided by a certified firearms instructor who is employed on a permanent basis by a law enforce-

ment agency.

Synopsis of Original Bill

House Bill 377 amends the Unlawful Carrying of a Deadly Weapon statute to allow licensed

judges to carry firearms in the courthouse.

The bill also changes some language to gender-neutral language.

House Bill 377/aHJC -- Page 2

Significant Issues

The PDD provided the following:

There might be separation of powers problems with this proposed legislation. Cf. Am-

merman v. Hubbard Broadcasting, Inc., 89 N.M. 307, 551 P.2d 1354 (1976). The inte-

rior running of the courts has generally been held to be the prerogative of the courts, as

2004’s unsuccessful writ by the Sheriff of Bernalillo County against the Chief Judge of

the Metropolitan Court for refusing to allow his deputies to be armed within the court-

house demonstrated. HB 377 might be interpreted as undermining the power of the New

Mexico Supreme Court or chief judges of the various courts to regulate their courts.

This legislation is not really needed. Presently, nothing in the law forbids a licensed judge

from carrying a concealed weapon in his court if the chief judge approves.

Nevertheless, other states (which do not have statutes such as NMSA 1978, § 29-19-11

(2003) on the books) have enacted provisions similar to the ones proposed in HB 377.

DW/sb:yr