HOUSE BILL 1114
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
William "Bill" R. Rehm
AN ACT
RELATING TO WEAPONS; INCREASING THE PENALTY FOR UNLAWFUL CARRYING OF CERTAIN FIREARMS; CREATING THE NEW CRIMINAL OFFENSES OF UNLAWFUL ALTERING OF A FIREARM SERIAL NUMBER AND UNLAWFUL SALE, POSSESSION OR TRANSPORTATION OF A FIREARM WITH AN ALTERED SERIAL NUMBER; PROVIDING PENALTIES.
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 that the person is guilty of a fourth degree felony if the person commits unlawful carrying of a deadly weapon by carrying:
(1) a shotgun or a weapon made from a shotgun that has a barrel or barrels of less than eighteen inches in length;
(2) a rifle or a weapon made from a rifle that has a barrel or barrels of less than eighteen inches in length;
(3) a weapon made from a shotgun or rifle if the weapon has an overall length of less than twenty-six inches;
(4) a machine gun; or
(5) a firearm silencer.
D. As used in this section, "machine gun" means a weapon that shoots, is designed to shoot or is readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger."
Section 2. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL ALTERING OF A FIREARM SERIAL NUMBER--UNLAWFUL SALE, POSSESSION OR TRANSPORTATION OF A FIREARM WITH AN ALTERED SERIAL NUMBER.--
A. Unlawful altering of a firearm serial number consists of a person obliterating, removing, changing or altering the firearm manufacturer's serial number or other identification number of the firearm. Whoever commits unlawful altering of a firearm serial number is guilty of a fourth degree felony.
B. Unlawful sale, possession or transportation of a firearm with an altered serial number consists of a person knowingly selling, possessing, transporting or causing to be transported any firearm that has had the manufacturer's serial number or other identification number of the firearm obliterated, removed, changed or altered. Whoever commits unlawful sale, possession or transportation of a firearm with an altered serial number is guilty of a fourth degree felony."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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