SENATE BILL 232
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Rod Adair
AN ACT
RELATING TO FIREARMS; EXTENDING THE TIME PERIOD FOR CONCEALED HANDGUN LICENSES; REMOVING THE FIREARMS REFRESHER COURSE REQUIREMENT; REDUCING THE FEE FOR RENEWAL; AMENDING THE CONCEALED HANDGUN CARRY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-19-3 NMSA 1978 (being Laws 2003, Chapter 255, Section 3, as amended) is amended to read:
"29-19-3. DATE OF LICENSURE--PERIOD OF LICENSURE.--Effective January 1, 2004, the department is authorized to issue concealed handgun licenses to qualified applicants. Original and renewed concealed handgun licenses shall be valid for a period of [four] ten years from the date of issuance, unless the license is suspended or revoked."
Section 2. Section 29-19-6 NMSA 1978 (being Laws 2003, Chapter 255, Section 6, as amended) is amended to read:
"29-19-6. APPEAL--LICENSE RENEWAL--[REFRESHER FIREARMS TRAINING COURSE] SUSPENSION OR REVOCATION OF LICENSE.--
A. Pursuant to rules adopted by the department, the department, within thirty days after receiving a completed application for a concealed handgun license and the results of a national criminal background check on the applicant, shall:
(1) issue a concealed handgun license to an applicant; or
(2) deny the application on the grounds that the applicant failed to qualify for a concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.
B. Information relating to an applicant or to a licensee received by the department or any other law enforcement agency is confidential and exempt from public disclosure unless an order to disclose information is issued by a court of competent jurisdiction. The information shall be made available by the department to a state or local law enforcement agency upon request by the agency.
C. A concealed handgun license issued by the department shall include:
(1) a color photograph of the licensee;
(2) the licensee's name, address and date
of birth;
(3) the expiration date of the concealed handgun license; and
(4) the category and the largest caliber of handgun that the licensee is licensed to carry, with a statement that the licensee is licensed to carry smaller caliber handguns but shall carry only one concealed handgun at any given time.
D. A licensee shall notify the department within thirty days regarding a change of the licensee's name or permanent address. A licensee shall notify the department within ten days if the licensee's concealed handgun license is lost, stolen or destroyed.
E. If a concealed handgun license is lost, stolen or destroyed, the license is invalid and the licensee may obtain a duplicate license by furnishing the department a notarized statement that the original license was lost, stolen or destroyed and paying a reasonable fee. If the license is lost or stolen, the licensee shall file a police report with a local law enforcement agency and include the police case number in the notarized statement.
F. A licensee may renew a concealed handgun license by submitting to the department:
(1) a completed renewal form, under penalty of perjury, designed and provided by the department; and
(2) a payment of a [seventy-five-dollar ($75.00)] twenty-five-dollar ($25.00) renewal fee [and
(3) a certificate of completion of a four-hour refresher firearms training course approved by the department].
G. The department shall conduct a national criminal records check of a licensee seeking to renew a license. A concealed handgun license shall not be renewed more than sixty days after it has expired. A licensee who fails to renew a concealed handgun license within sixty days after it has expired may apply for a new concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.
[H. A licensee shall complete a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The refresher course shall be approved by the department and shall be taken twenty-two to twenty-six months after the issuance of an original or renewed license. A certificate of completion shall be submitted to the department no later than thirty days after completion of the course.
I.] H. The department shall suspend or revoke a concealed handgun license if:
(1) the licensee provided the department with false information on the application form or renewal form for a concealed handgun license;
(2) the licensee did not satisfy the criteria for issuance of a concealed handgun license at the time the license was issued; or
(3) subsequent to receiving a concealed handgun license, the licensee violated a provision of the Concealed Handgun Carry Act."
Section 3. Section 29-19-14 NMSA 1978 (being Laws 2005, Chapter 242, Section 7) is amended to read:
"29-19-14. CURRENT AND RETIRED LAW ENFORCEMENT OFFICERS.--
A. An application fee, a renewal fee and a firearms training course are not required for an applicant or licensee who is a certified law enforcement officer pursuant to the Law Enforcement Training Act.
B. A retired law enforcement officer is not required to submit an application fee or a renewal fee if:
(1) the officer was a certified law enforcement officer pursuant to the Law Enforcement Training Act for at least fifteen years prior to retirement; and
(2) the retirement is in good standing as shown by a letter from the agency from which the officer retired.
C. A retired law enforcement officer who has been retired ten years or less is not required to complete a firearms training course.
D. A retired law enforcement officer who has been retired for more than ten years shall be required to complete a firearms training course. The officer shall be allowed to attend any local law enforcement agency's firearms qualification course; provided that the officer supplies the officer's own ammunition, handgun, targets and range equipment. A local law enforcement agency shall not be liable under the Tort Claims Act for providing a firearms training course to a retired law enforcement officer pursuant to this subsection.
E. A retired law enforcement officer's concealed handgun license shall have printed on the license "retired police officer" and shall be valid for a period of [five] fifteen years."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.
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