0001| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| | 0003| SENATE BILL 676 | 0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO FIREARMS; ENACTING THE PERSONAL PROTECTION ACT; | 0014| REQUIRING A LICENSE TO CARRY A CONCEALED LOADED FIREARM; | 0015| CREATING A FUND; AMENDING AND ENACTING SECTIONS OF THE NMSA | 0016| 1978; MAKING AN APPROPRIATION. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0020| through 13 of this act may be cited as the "Personal Protection | 0021| Act". | 0022| Section 2. [NEW MATERIAL] FINDINGS.--The legislature | 0023| finds that, as a matter of public policy, it is necessary to | 0024| provide statewide, uniform standards for the issuance of | 0025| concealed firearm licenses for security and defense. The | 0001| legislature further finds it necessary to occupy the entire | 0002| field of regulation regarding the carrying of concealed | 0003| firearms to ensure effective enforcement. | 0004| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0005| Personal Protection Act: | 0006| A. "applicant" means a person seeking a license to | 0007| carry a concealed firearm; | 0008| B. "concealed firearm" means a loaded handgun that | 0009| is not visible to the ordinary observations of a reasonable | 0010| person; | 0011| C. "department" means the department of public | 0012| safety; and | 0013| D. "licensee" means a person holding a valid | 0014| concealed firearm license issued to him by the department | 0015| pursuant to the provisions of the Personal Protection Act. | 0016| Section 4. [NEW MATERIAL] DATE OF LICENSURE--PERIOD OF | 0017| LICENSURE.--Effective January 1, 1998, the department is | 0018| authorized to issue concealed firearm licenses to qualified | 0019| applicants. Concealed firearm licenses shall be valid | 0020| throughout the state for a period of four years from the date | 0021| of issuance, unless the license is suspended or revoked. | 0022| Section 5. [NEW MATERIAL] APPLICANT QUALIFICATIONS.-- | 0023| A. The department shall issue a concealed firearm | 0024| license if the applicant: | 0025| (1) is a citizen of the United States; | 0001| (2) is a resident of New Mexico or is a member | 0002| of the armed forces whose permanent duty station is located in | 0003| New Mexico, or is a dependent of such a member; | 0004| (3) is twenty-one years of age or older; | 0005| (4) is not a fugitive from justice; | 0006| (5) has not been convicted of a felony in New | 0007| Mexico or any other state or under the laws of the United States; | 0008| (6) is not currently under indictment for a | 0009| felony criminal offense in New Mexico or any other state or under | 0010| the laws of the United States; | 0011| (7) is not otherwise prohibited by federal law | 0012| from purchasing or possessing a firearm; | 0013| (8) has not been adjudicated mentally | 0014| incompetent or involuntarily committed to a mental institution; | 0015| (9) is not addicted to alcohol or controlled | 0016| substances, as evidenced by involuntary commitment to a | 0017| residential treatment facility within the five-year period | 0018| immediately preceding application for a concealed firearm license; | 0019| and | 0020| (10) has satisfactorily completed a firearms | 0021| training course approved by the department. | 0022| B. The department shall deny a concealed firearm | 0023| license if the applicant has been convicted of, pled guilty to or | 0024| entered a plea of nolo contendere to one or more misdemeanor | 0025| offenses involving crimes of violence within a five-year period | 0001| immediately preceding application for a concealed firearm license, | 0002| or if the applicant has been convicted of one or more misdemeanor | 0003| offenses involving driving while under the influence of | 0004| intoxicating liquor or drugs, careless driving, reckless driving | 0005| or the possession or abuse of a controlled substance within a | 0006| five-year period immediately preceding application for a concealed | 0007| firearm license. | 0008| Section 6. [NEW MATERIAL] APPLICATION FORM--SCREENING OF | 0009| APPLICANTS--FEE--LIMITATIONS ON LIABILITY.-- | 0010| A. Applications for concealed firearm licenses shall | 0011| be completed, under oath, on a form designed and provided by the | 0012| department. Applications for concealed firearm licenses shall be | 0013| made readily available at locations designated by the department | 0014| and shall include the following: | 0015| (1) the applicant's name, current address, date | 0016| of birth, place of birth, social security number, height, weight, | 0017| gender, hair color, eye color and driver's license number or other | 0018| state-issued identification number; | 0019| (2) a statement that the applicant is aware of, | 0020| understands and is in compliance with the requirements for | 0021| licensure set forth in the Personal Protection Act; | 0022| (3) a statement that the applicant has been | 0023| furnished a copy of the Personal Protection Act and is | 0024| knowledgeable of its provisions; and | 0025| (4) a conspicuous warning that the application | 0001| form is executed under oath and that a materially false answer or | 0002| the submission of a materially false document to the department | 0003| may result in denial or revocation of a concealed firearm license | 0004| and may subject the applicant to criminal prosecution for perjury, | 0005| as provided in Section 30-25-1 NMSA 1978. | 0006| B. The applicant shall submit the following items to | 0007| the department: | 0008| (1) a completed application form; | 0009| (2) a nonrefundable application fee in an amount | 0010| not to exceed one hundred dollars ($100); | 0011| (3) two full sets of fingerprints; | 0012| (4) a certified copy of a certificate of | 0013| completion for a firearms training course approved by the | 0014| department; | 0015| (5) two color photographs; | 0016| (6) a certified copy of a birth certificate; and | 0017| (7) proof of residency in New Mexico. | 0018| C. A law enforcement agency or other entity authorized | 0019| by the department may fingerprint an applicant and may charge a | 0020| fee not to exceed ten dollars ($10.00). | 0021| D. Upon receipt of the items listed in Subsection B of | 0022| this section, the department shall make a reasonable effort to | 0023| determine if the applicant is qualified to receive a concealed | 0024| firearm license. The department shall conduct an appropriate | 0025| check of available records and shall forward the applicant's | 0001| fingerprints to the federal bureau of investigation for a national | 0002| criminal records check. No later than thirty days after receiving | 0003| the application items, the department shall forward copies of the | 0004| items to the sheriff of the county in which the applicant resides, | 0005| so that the sheriff may check available records to verify the | 0006| accuracy of the application items. Within thirty days of | 0007| receiving copies of the application items from the department, the | 0008| sheriff shall return all copies of the application items to the | 0009| department with the results of the records check. If the sheriff | 0010| fails to respond to the department within the thirty-day period, | 0011| the department shall still comply with the license issuing | 0012| requirements set forth in Section 7 of the Personal Protection | 0013| Act. However, the department may suspend or revoke a license if | 0014| the sheriff receives information that would disqualify an | 0015| applicant from receiving a concealed firearm license after the | 0016| thirty-day time period has elapsed. | 0017| E. A person employed by a law enforcement agency of | 0018| the state or political subdivision of the state shall not be | 0019| criminally or civilly liable for acts committed by a licensee | 0020| unless the person had actual knowledge at the time the concealed | 0021| firearm license was issued that the licensee was prohibited by law | 0022| from being issued such a license. An organization or individual | 0023| approved by the department to offer a firearms training course | 0024| shall not be criminally or civilly liable for acts committed by a | 0025| licensee. | 0001| Section 7. [NEW MATERIAL] DEPARTMENT RESPONSE TO | 0002| APPLICATION--RIGHT TO APPEAL--SUSPENSION OR REVOCATION OF LICENSE- | 0003| -LICENSE RENEWAL.-- | 0004| A. No later than seventy-five days following receipt | 0005| by the department of the completed application items, the | 0006| department shall: | 0007| (1) issue a concealed firearm license to an | 0008| applicant; or | 0009| (2) deny the application on the grounds that the | 0010| applicant failed to qualify for a license pursuant to the | 0011| provisions of the Personal Protection Act. | 0012| B. If the department denies an application, it shall | 0013| notify the applicant in writing, stating the grounds for denial of | 0014| the application and informing the applicant of his right to | 0015| submit, within sixty days, any additional documentation relating | 0016| to the grounds for denial. Upon receiving any additional | 0017| documentation from an applicant, the department shall reconsider | 0018| its decision and inform the applicant within twenty days of the | 0019| result of the department's reconsideration. The applicant shall | 0020| also be informed of his right to seek review of the denial, within | 0021| sixty days of the final denial by the department, in the district | 0022| court of the county in which the applicant resides. If the | 0023| district court reverses the department's denial of a person's | 0024| application for a concealed firearm license, any costs incurred by | 0025| the person in bringing the appeal shall be reimbursed to him by | 0001| the state. | 0002| C. The department shall maintain a database of all | 0003| licensees, and information contained in the database shall be | 0004| available to all state and local law enforcement agencies upon | 0005| request. Information relating to an applicant or to a licensee | 0006| received and maintained by the department or any other law | 0007| enforcement agency is privileged and confidential and exempt from | 0008| public disclosure; provided, the department may disclose the name | 0009| and address of an applicant or licensee. | 0010| D. A concealed firearm license issued by the | 0011| department shall include the following: | 0012| (1) a color photograph of the licensee; | 0013| (2) the licensee's name, address and date of | 0014| birth; | 0015| (3) the expiration date of the license; and | 0016| (4) a description of the concealed firearms that | 0017| will be lawfully carried by the licensee and the caliber of | 0018| ammunition used for the concealed firearms. | 0019| E. A licensee shall notify the department within | 0020| thirty days regarding a change of his name or permanent address. | 0021| A licensee shall notify the department within thirty days if the | 0022| licensee loses his concealed firearm license or it is stolen or | 0023| destroyed. | 0024| F. If a concealed firearm license is reported lost, | 0025| stolen or destroyed, the license is invalid and the licensee may | 0001| obtain a duplicate license by furnishing the department a | 0002| notarized statement that the original license was lost, stolen or | 0003| destroyed and paying a fee of fifteen dollars ($15.00) to the | 0004| department. | 0005| G. A licensee may renew his license within sixty days | 0006| of the expiration date of the license by returning a completed | 0007| renewal form designed and provided by the department to the | 0008| department, accompanied by a payment of a fifty dollar ($50.00) | 0009| renewal fee. The renewal form shall include a notarized affidavit | 0010| stating that the licensee remains qualified for a concealed | 0011| firearm license. A licensee who fails to renew his concealed | 0012| firearm license before it expires may renew his license by taking | 0013| a refresher firearms training course and paying, in addition to | 0014| the fifty dollar ($50.00) renewal fee, a late fee of fifteen | 0015| dollars ($15.00) to the department. A concealed firearm license | 0016| shall not be renewed more than sixty days after it has expired. A | 0017| licensee who fails to renew his license within sixty days after it | 0018| has expired may apply for a new concealed firearm license pursuant | 0019| to the provisions of the Personal Protection Act. | 0020| Section 8. [NEW MATERIAL] DEMONSTRATION OF ABILITY AND | 0021| KNOWLEDGE--COURSE REQUIREMENT--PROPRIETARY INTEREST--EXEMPTIONS.-- | 0022| A. The department shall prepare and publish general | 0023| guidelines for approved firearms training courses and | 0024| qualifications of firearm instructors. An approved firearms | 0025| training course shall be a course that is certified or sponsored | 0001| by a federal or state law enforcement agency, a college, a | 0002| firearms training school, or a nationally recognized organization | 0003| that is approved by the department that customarily offers | 0004| firearms training, so long as the firearms training course is at | 0005| least twelve hours in length and includes the following elements: | 0006| (1) instruction regarding knowledge of and safe | 0007| handling of firearms; | 0008| (2) instruction regarding safe storage of | 0009| firearms and child safety; | 0010| (3) instruction regarding knowledge of and safe | 0011| handling of ammunition; | 0012| (4) instruction regarding safe storage of | 0013| ammunition and child safety; | 0014| (5) instruction regarding safe firearm shooting | 0015| fundamentals; | 0016| (6) live shooting of a firearm on a firing | 0017| range; and | 0018| (7) identification of ways to develop and | 0019| maintain firearm shooting skills. | 0020| B. In addition to the elements set forth in Subsection | 0021| A of this section, the firearms training course shall provide | 0022| instruction regarding: | 0023| (1) federal, state and local laws pertaining to | 0024| the purchase, ownership, transportation, use and possession of | 0025| firearms; | 0001| (2) federal, state and local laws pertaining to | 0002| the use of a firearm for self-defense; and | 0003| (3) techniques for avoiding a criminal attack | 0004| and how to control a violent confrontation. | 0005| C. Every instructor of an approved firearms training | 0006| course shall annually file a copy of the course description and | 0007| proof of certification with the department. A person's | 0008| proprietary interest in a firearms training course shall not be | 0009| disclosed to any other person, except a law enforcement officer. | 0010| D. The application requirement set forth in Paragraph | 0011| (10) of Subsection A of Section 5 of the Personal Protection Act | 0012| shall be waived for an applicant who is currently: | 0013| (1) certified to teach a firearms training | 0014| course approved by the department; | 0015| (2) serving on active duty or active reserve | 0016| duty as a law enforcement officer in New Mexico for a period of | 0017| not less than five consecutive years prior to application for a | 0018| concealed firearm license; or | 0019| (3) retired from active duty with a federal or | 0020| New Mexico state, county or municipal law enforcement agency, when | 0021| the period of retirement does not exceed two years prior to | 0022| application for a concealed firearm license. | 0023| Section 9. [NEW MATERIAL] LIMITATION ON LICENSE.--Nothing | 0024| in the Personal Protection Act shall be construed as allowing a | 0025| person having a valid concealed firearm license to carry a | 0001| concealed firearm into or on premises where to do so would be in | 0002| violation of state or federal law. | 0003| Section 10. [NEW MATERIAL] POSSESSION OF LICENSE.--A | 0004| licensee shall have his concealed firearm license in his | 0005| possession at all times while carrying a concealed firearm. | 0006| Section 11. [NEW MATERIAL] PREEMPTION OF LICENSE BY TRIBAL | 0007| LAW.--A concealed firearm license shall be valid on tribal land | 0008| unless the governing body of an Indian nation, tribe or pueblo has | 0009| preempted the Personal Protection Act by enacting law prohibiting | 0010| the carrying of a concealed firearm on tribal land. | 0011| Section 12. [NEW MATERIAL] DEPARTMENT TO ADMINISTER--RULES | 0012| AND REGULATIONS.--The department shall promulgate rules and | 0013| regulations necessary to implement the provisions of the Personal | 0014| Protection Act. The rules and regulations shall include: | 0015| A. grounds for the revocation and suspension of | 0016| licenses issued pursuant to the provisions of the Personal | 0017| Protection Act; | 0018| B. provision of authority for a law enforcement | 0019| officer to confiscate a concealed firearm license when a licensee | 0020| violates the provisions of the Personal Protection Act; | 0021| C. provision of authority for a private property owner | 0022| to disallow the carrying of concealed firearm on his property; | 0023| D. provision of authority for private employers to | 0024| disallow the carrying of a concealed firearm by an employee during | 0025| the employee's work shift; | 0001| E. provision of authority for the transfer of a | 0002| concealed firearm license issued by another state; and | 0003| F. creation of a numbering system for all concealed | 0004| firearm licenses issued by the department and display of numbers | 0005| on issued concealed firearm licenses. | 0006| | 0007| Section 13. [NEW MATERIAL] FUND CREATED.-- | 0008| A. There is created in the state treasury the | 0009| "personal protection license fund". | 0010| B. All money received by the department pursuant to | 0011| the provisions of the Personal Protection Act shall be deposited | 0012| by the state treasurer for credit to the personal protection | 0013| license fund. The state treasurer shall invest the fund as all | 0014| other state funds are invested, and income from the investment of | 0015| the personal protection license fund shall be credited to the | 0016| fund. Balances remaining at the end of any fiscal year shall not | 0017| revert to the general fund. | 0018| C. Money in the personal protection license fund is | 0019| appropriated to the department and shall be used for the purpose | 0020| of carrying out the provisions of the Personal Protection Act. | 0021| Section 14. Section 30-7-2 NMSA 1978 (being Laws 1963, | 0022| Chapter 303, Section 7-2, as amended) is amended to read: | 0023| "30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.-- | 0024| A. Unlawful carrying of a deadly weapon consists of | 0025| carrying a concealed loaded firearm or any other type of deadly | 0001| weapon anywhere, except in the following cases: | 0002| (1) in the person's residence or on real | 0003| property belonging to him as owner, lessee, tenant or licensee; | 0004| (2) in a private automobile or other private | 0005| means of conveyance, for lawful protection of the person's or | 0006| another's person or property; | 0007| (3) by a peace officer in accordance with the | 0008| policies of his law enforcement agency who is certified pursuant | 0009| to the Law Enforcement Training Act; [or] | 0010| (4) by a peace officer in accordance with the | 0011| policies of his law enforcement agency who is employed on a | 0012| temporary basis by that agency and who has successfully completed | 0013| a course of firearms instruction prescribed by the New Mexico law | 0014| enforcement academy or provided by a certified firearms instructor | 0015| who is employed on a permanent basis by a law enforcement agency; | 0016| or | 0017| (5) by a person in possession of a valid | 0018| concealed firearm license issued to him by the department of | 0019| public safety pursuant to the provisions of the Personal | 0020| Protection Act. | 0021| B. Nothing in this section shall be construed to | 0022| prevent the carrying of any unloaded firearm. | 0023| C. Whoever commits unlawful carrying of a deadly | 0024| weapon is guilty of a petty misdemeanor. Upon a second or | 0025| subsequent conviction under this section, an offender is guilty of | 0001| a misdemeanor." | 0002| Section 15. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is January 1, 1998. | 0004|  |