SENATE BILL 5
56th legislature - STATE OF NEW MEXICO - second session, 2024
Peter Wirth and Reena Szczepanski and Brenda G. McKenna
and Joseph Cervantes
RELATING TO ELECTIONS; PROHIBITING THE POSSESSION OF A FIREARM WITHIN CERTAIN DISTANCES OF A POLLING PLACE DURING AN ELECTION; PROVIDING EXCEPTIONS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 1, Article 20 NMSA 1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL POSSESSION OF A FIREARM AT A POLLING PLACE.--
A. Unlawful possession of a firearm at a polling place consists of possession of a loaded or unloaded firearm by any person, other than a certified law enforcement officer in performance of the officer's official duties or other security personnel with written authorization of the appropriate municipal or county election official, within:
(1) one hundred feet of the door through which voters may enter to vote at a school building in which a polling place is located on election day;
(2) one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place on election day that is not a school; or
(3) fifty feet of a postal collection box or a monitored secured container.
B. A person conducting lawful, non-election-related business nearer than one hundred feet from the door through which voters may enter to vote or nearer than fifty feet from a postal collection box or monitored secured container is not guilty of unlawful possession of a firearm at a polling place.
C. A person who commits unlawful possession of a firearm at a polling place is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
D. For the purposes of this section, "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; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer."
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