HOUSE BILL 1066

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING AN INCREASED CRIMINAL PENALTY FOR UNLAWFUL CARRYING OF A DEADLY WEAPON WHILE TRAFFICKING A CONTROLLED SUBSTANCE. 

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

     Section 1. Section 30-7-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-2, as amended) is amended to read:

     "30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--

          A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

                (1) in the person's residence or on real property belonging to [him] the person as owner, lessee, tenant or licensee;

                (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

                (3) by a peace officer in accordance with the policies of [his] the peace officer's law enforcement agency who is certified pursuant to the Law Enforcement Training Act;

                (4) by a peace officer in accordance with the policies of [his] the peace officer's law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

                (5) by a person in possession of a valid concealed handgun license issued to [him] the person by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act.

          B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

          C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor; except a person is guilty of a third degree felony if the person commits unlawful carrying of a deadly weapon by carrying a firearm while violating the provisions of Section 30-31-20 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.