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SPONSOR: |
SCONC |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Firearms on University Premises |
SB |
901/SCONCS |
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ANALYST: |
Maloy |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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See Narrative |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Synopsis of Bill
The Senate Conservation Committee Substitute for Senate Bill 901 makes it a criminal offense to unlawfully carry a firearm on university premises. Violation of this law would constitute a fourth degree felony.
Lawful carrying of a firearm is limited to the following:
·
A
peace officer,
·
University
security personnel,
·
A
student, instructor or other university-authorized personnel who are engaged in
army, navy, marine corps or air force reserve officer training corps programs,
or a state-authorized hunter safety training program,
·
A
person conducting or participating in a university-approved program, class or
other activity involving the carrying of a firearm,
·
A
person older than 19 years of age on university premises in a private automobile
or other private means of conveyance for lawful protection of the person’s or
another’s person or property.
“University premises” means the buildings and grounds of a university, including playing fields and parking areas on which university or university-related activities are conducted. In addition, the proposed law would also apply to any other public buildings or grounds that are not university property, but on which university-related and sanctioned activities are performed.
The
effective date of the provisions of this act would be
Significant Issues
1. The
bill specifically identifies the universities to which this new law would
apply. These include:
·
·
·
New Mexico Institute of Mining and Technology,
·
·
Eastern
·
2. College personnel, college sponsored activities on non-university premises / non-public buildings, and community college premises seem to be excluded from protection offered in this bill.
Is the term “public” in this instance intended to address state or local government ownership of the buildings, or is it intended to mean a place where members of the general public congregate?
There are no direct fiscal implications related
to SB 901/SCONCS. However, there may be
secondary costs to the state, including costs for the courts, public defender’s
office, district attorney’s office and the department of corrections if there
were to be a significant number of violations of this new provision.
OTHER SUBSTANTIVE ISSUES
The Commission on Higher Education references Chapter 30, Article 7, “Weapons and Explosives”, and notes that Senate Bill 901 is similar to 30-7-2.1, which applies to “any public elementary, secondary, junior high or high school…under the supervision of a local school board.” SB 901/SCONCS expands coverage to designated public universities. Left without coverage are the public colleges.
AMENDMENTS
The Commission on Higher Educations asks: “Should SB901/SCONCS be amended to include the
public colleges of the State of
SJM/njw