44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CRIMES; CHANGING THE DEFINITION OF THE CRIME OF UNLAWFUL CARRYING OF A DEADLY WEAPON.

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

Section 1. Section 30-7-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-2, as amended) is amended to read:

"30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon [anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;

(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act; or

(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency] with the intent to use the weapon to commit a crime.

B. The element of intent required pursuant to this section shall not be presumed or inferred from the existence of possession of the weapon.

[B.] C. Nothing in this section [shall be construed to prevent] prohibits the carrying of any unloaded firearm.

[C.] D. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor."