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

SPONSOR Neville

ORIGINAL DATE

LAST UPDATED

1/27/2007

HB

SHORT TITLE Concealed Handguns in Certain Businesses

SB 168

ANALYST

Schuss

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates: SB111

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Bill 168 amends NMSA 1978, § 30-7-3 to permit persons licensed under the Concealed

Handgun Carry Act to carry a concealed handgun into an establishment licensed to dispense al-

cohol beverages provided that this establishment does not sell alcoholic beverages for consump-

tion on the premises.

SIGNIFICANT ISSUES

The Attorney General’s Office (AGO) notes that a person with a concealed weapon carry permit

may not currently bring a concealed weapon into an establishment licensed by RLD that sells

alcoholic beverages for consumption on the premises.

The Department of Public Safety (DPS) states that this legislation attempts to address ques-

tions/complaints from the public pertaining to carrying a firearm in any place that sells/serves

alcohol. Often, individuals do not know if this applies to a convenience store, for instance. Many

Senate Bill 168 – Page

2

individuals assume they can carry into stores that sell package alcohol, but clearly not into a bar.

As it stands, people who do carry into a store that sells package alcohol are committing a 4

th

de-

gree felony.

DUPLICATION

Duplicates Senate Bill 111.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The DPS states that a person may unknowingly, without criminal intent, commit a 4

th

degree fel-

ony by carrying a firearm into a convenience store to pay for gas.

POSSIBLE QUESTIONS

The Department of Public Safety notes the following questions:

What about licensees from other states whose permits NM recognizes. NM currently recognizes

concealed carry permits from 20 other states. Amendment does not appear to address these out-

of-state permit holders that are traveling through NM or living in NM. Proposed change will not

apply to individuals that carry openly as NM law allows.

BS/sb