HOUSE BILL 279
55th legislature - STATE OF NEW MEXICO - first session, 2021
Stefani Lord and Rachel A. Black and William "Bill" R. Rehm
and Rod Montoya and James G. Townsend
RELATING TO EMERGENCY POWERS; PROHIBITING RESTRICTIONS BY THE GOVERNOR OR BY THE DEPARTMENT OF HEALTH AGAINST THE OPERATION OR CONDUCT OF BUSINESS BY CERTAIN FIREARM OR AMMUNITION-RELATED BUSINESSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 12-10-18 NMSA 1978 (being Laws 1969, Chapter 281, Section 3) is amended to read:
"12-10-18. EMERGENCY RESTRICTIONS.--
A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;
(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;
(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;
(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
[(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;
(6)] (5) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;
[(7)] (6) the use of certain streets or highways by the public; and
[(8)] (7) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.
B. A proclamation issued pursuant to Subsection A of this section shall not restrict:
(1) a manufacturer, distributor, wholesaler, supplier or retailer of firearms or ammunition from operating or otherwise conducting business;
(2) the sale, dispensing or transportation of firearms, ammunition or any component of ammunition;
(3) a shooting range from operating or otherwise conducting business; or
(4) the operation of any business conducting instruction on the use or safety of any firearm.
[B.] C. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time."
SECTION 2. A new section of the Public Health Act is enacted to read:
"[NEW MATERIAL] EXCEPTION TO POWERS AND AUTHORITY OF DEPARTMENT AGAINST RESTRICTIONS OF FIREARM OR AMMUNITION-RELATED BUSINESS.--The department shall not prohibit or restrict by the issuance of a public health order:
A. a manufacturer, distributor, wholesaler, supplier or retailer of firearms or ammunition from operating or otherwise conducting business;
B. the sale, dispensing or transportation of firearms, ammunition or any component of ammunition; or
C. a shooting range from operating or otherwise conducting business."
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