HOUSE BILL 9

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Pamelya Herndon and Mimi Stewart and Patricia Roybal Caballero and Antoinette Sedillo Lopez and Joanne J. Ferrary

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIMES OF NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR AND NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH; PROVIDING PENALTIES; PROVIDING EXCEPTIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR--NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH--PENALTIES.--

          A. A person commits the crime of negligently making a firearm accessible to a minor if:

                (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and

                (2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.

     Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.

          B. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:

                (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and

                (2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.

     Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.

          C. A person does not violate Subsection A or B of this section if a minor obtains a firearm:

                (1) that was kept in a locked container and was either securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;

                (2) that was carried on the person or within close proximity of the person;

                (3) that was locked with a firearm safety device that rendered the firearm inoperable;

                (4) in the course of self-defense or defense of another person; or

                (5) by illegal entry to the person's property.

          D. Evidence that a person attended a firearm safety training course prior to an alleged or proven violation of this section shall be considered a mitigating factor in any action, proceeding, trial or sentencing commenced pursuant to this section.

          E. Nothing in this section shall be construed to preclude a claim pursuant to any other section of law or any civil action for damages.

          F. As used in this section:

                (1) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame of any such weapon;

                (2) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and

                (3) "minor" means an unemancipated person under eighteen years of age."

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