HOUSE BILL 224
56th legislature - STATE OF NEW MEXICO - first session, 2023
Joy Garratt and Martin Hickey and Charlotte Little
RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL CARRYING OF A FIREARM WITHIN A HIGH POPULATION JURISDICTION AND WHILE UNDER THE INFLUENCE OF AN INTOXICANT OR NARCOTIC; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new Section 30-7-2.5 NMSA 1978 is enacted to read:
"30-7-2.5. [NEW MATERIAL] UNLAWFUL CARRYING OF A FIREARM WITHIN A HIGH POPULATION JURISDICTION AND WHILE UNDER THE INFLUENCE OF AN INTOXICANT OR NARCOTIC.--
A. Unlawful carrying of a firearm within a high population jurisdiction and while under the influence of an intoxicant or narcotic consists of carrying a firearm within the jurisdiction of a municipality having a population in excess of ninety thousand according to the most recent federal decennial census and while under the influence of an intoxicant or narcotic.
B. Whoever commits unlawful carrying of a firearm within a high population jurisdiction and while under the influence of an intoxicant or narcotic is guilty of a fourth degree felony."
SECTION 2. Section 30-7-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-3, as amended) is amended to read:
"30-7-4. NEGLIGENT USE OF A DEADLY WEAPON.--
A. Negligent use of a deadly weapon consists of:
(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or [his] the person's property;
(2) carrying a firearm while under the influence of an intoxicant or narcotic, except as provided in Section 30-7-2.5 NMSA 1978;
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
B. The provisions [of Paragraphs (1), (3) and (4)] of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of [his] the officer's or employee's employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of [his] that office or employment.
C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.
D. Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor."
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