0001|              SENATE EDUCATION COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 1253
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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0005|     
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0006|     
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0007|                                   
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0013|     MAKING IT UNLAWFUL FOR CERTAIN PERSONS TO PURCHASE FIREARMS;
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0014|     MAKING IT UNLAWFUL TO KNOWINGLY SELL FIREARMS TO CERTAIN
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0015|     PERSONS; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE
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0016|     CRIMINAL CODE.  
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0017|     
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0018|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019|          Section 1.  A new section of the Criminal Code is enacted
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0020|     to read:
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0021|          "[NEW MATERIAL]  FIREARMS--POSSESSION BY CERTAIN FELONS
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0022|     PROHIBITED--SALE TO CERTAIN FELONS PROHIBITED--PENALTIES.--
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0023|               A.  It is unlawful for a person who is eighteen
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0024|     years of age or older to purchase a firearm, if that person was
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0025|     convicted for committing a criminal offense prior to reaching
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0001|     eighteen years of age, when the criminal offense was:
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0002|                    (1)  a capital felony;
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0003|                    (2)  a first degree felony; or
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0004|                    (3)  a second degree felony resulting in the
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0005|     death of a human being.    
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0006|               B.  An offender who purchases a firearm in violation
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0007|     of the provisions of Subsection A of this section is guilty of
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0008|     a fourth degree felony.  A firearm purchased by a person in
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0009|     violation of the provisions of Subsection A of this section is
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0010|     subject to confiscation without compensation by the state.  The
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0011|     proceeds of confiscating a firearm shall be applied to the cost
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0012|     of prosecuting the person who violated the provisions of
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0013|     Subsection A of this section.
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0014|               C.  A person who knowingly sells a firearm to an
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0015|     offender who is prohibited from purchasing a firearm, as
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0016|     provided in Subsection A of this section, is guilty of a fourth
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0017|     degree felony.  If the person is licensed to sell firearms, his
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0018|     license is subject to suspension or revocation.
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0019|               D.  As used in this section, "firearm" means any
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0020|     weapon that will or is designed to or may readily be converted
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0021|     to expel a projectile by the action of an explosion; the frame
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0022|     or receiver of any such weapon; or any firearm muffler or
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0023|     firearm silencer.  "Firearm" includes any handgun, rifle or
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0024|     shotgun."
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0025|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0001|     provisions of this act is July 1, 1997.
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