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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