SENATE BILL 167

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; CHANGING THE PENALTY FOR THE CRIME OF UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES FROM A FOURTH DEGREE FELONY TO A THIRD DEGREE FELONY; CLARIFYING THE DEFINITION OF "SCHOOL PREMISES".

 

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

     SECTION 1. Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) is amended to read:

     "30-7-2.1. UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES.--

          A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

                (1) a peace officer;

                (2) school security personnel;

                (3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;

                (4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or

                (5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

          B. As used in this section, "school premises" means:

                (1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus, of any public [elementary, secondary, junior high or high] school in or on which school or school-related activities are being operated under the [supervision] authority of a local school board or governing body of a charter school; or

                (2) any other public buildings or grounds, including playing fields and parking areas, that are not public school property and in or on which public school-related and sanctioned activities are being performed.

          C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a [fourth] third degree felony."

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