SENATE BILL 56
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Steven P. Neville and William "Bill" R. Rehm
AN ACT
RELATING TO CONCEALED FIREARMS; PROVIDING THAT A PERSON WHO IS NOT PROHIBITED BY STATE OR FEDERAL LAW OR A COURT ORDER FROM POSSESSING OR CARRYING A FIREARM MAY CARRY A LOADED CONCEALED HANDGUN; PROVIDING A PENALTY.
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; or
(6) a person who is eighteen years of age or older and who is not prohibited by federal or state law or court order from possessing or carrying a firearm may carry a loaded concealed handgun without the issuance of a concealed handgun license issued pursuant to the Concealed Handgun Carry Act; provided that the limitations on the carrying of a concealed handgun specified in the Concealed Handgun Carry Act shall apply to the person as if the person had been issued a license pursuant to that act. For the purposes of this paragraph, "handgun" means a firearm that will, is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches.
B. Notwithstanding the provisions of Subsection A of this section, 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."
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