SENATE BILL 428

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO CONCEALED HANDGUNS; PROVIDING FOR A CONCEALED HANDGUN LICENSEE TO CARRY A CONCEALED HANDGUN ANYWHERE AND AT ANY TIME SUBJECT TO CERTAIN EXCEPTIONS AND LIMITATIONS; AMENDING SECTIONS OF THE CRIMINAL CODE PERTAINING TO THE UNLAWFUL CARRYING OF DEADLY WEAPONS AND FIREARMS.

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

     SECTION 1. Section 29-19-8 NMSA 1978 (being Laws 2003, Chapter 255, Section 8) is amended to read:

     "29-19-8. [LIMITATION ON] USE OF LICENSE--EXCEPTIONS AND LIMITATIONS.--

          A. A licensee in possession of a valid concealed handgun license issued or recognized by the department pursuant to the Concealed Handgun Carry Act may carry a concealed handgun anywhere in the state at any time except:

                (1) into or on premises where the owner, manager, person or governmental entity in possession or a person or governmental entity with authority over the premises has posted a sign in a conspicuous location at each public entrance to the premises, or if the premises are undeveloped real property or real property without structures, has posted signs pursuant to Section 30-14-6 NMSA 1978, prohibiting the carrying of a concealed handgun into or on the premises;

                (2) if the licensee has an alcohol concentration of four one hundredths or more in the licensee's blood or breath;

                (3) while consuming alcoholic beverages; or

                (4) as otherwise provided in the Concealed Handgun Carry Act.

          [A.] B. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.

          [B. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on school premises, as provided in Section 30-7-2.1 NMSA 1978.

          C. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on the premises of a preschool.]"

     SECTION 2. 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] the person 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] the peace officer's law enforcement agency who is certified pursuant to the Law Enforcement Training Act;

                (4) by a peace officer in accordance with the policies of [his] the peace officer's 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; or

                (5) by a person in possession of a valid concealed handgun license issued [to him] or recognized by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act.

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

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

     SECTION 3. Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) is amended to read:

     "30-7-2.1. UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES.--

          A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

                (1) a peace officer;

                (2) school security personnel;

                (3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;

                (4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; [or]

                (5) a person carrying a concealed handgun and in possession of a valid concealed handgun license issued or recognized by the department of public safety pursuant to the Concealed Handgun Carry Act, unless signs have been posted pursuant to Section 29-19-8 NMSA 1978 prohibiting the carrying of concealed handguns on the school premises; or

                [(5)] (6) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

          B. As used in this section, "school premises" means:

                (1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public preschool or elementary, secondary, junior high or high school, in or on which school or school-related activities are being operated under the supervision of a local school board or, for public preschools, under the supervision of the children, youth and families department and the public education department acting jointly; or

                (2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.

          C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."

     SECTION 4. Section 30-7-2.4 NMSA 1978 (being Laws 2003, Chapter 253, Section 1) is amended to read:

     "30-7-2.4. UNLAWFUL CARRYING OF A FIREARM ON UNIVERSITY

PREMISES--NOTICE--PENALTY.--

          A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:

                (1) a peace officer;

                (2) university security personnel;

                (3) 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;

                (4) a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; [or]

                (5) a person in possession of a valid concealed handgun license issued or recognized by the department of public safety pursuant to the Concealed Handgun Carry Act unless signs have been posted pursuant to Section 29-19-8 NMSA 1978 prohibiting the carrying of concealed handguns on the university premises; or

                [(5)] (6) a person older than nineteen 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.

          B. Except as otherwise provided for concealed handguns in Paragraph (5) of Subsection A of this section, a university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.

          C. As used in this section:

                (1) "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and

                (2) "university premises" means:

                     (a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or

                     (b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.

          D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor."

     SECTION 5. Section 30-7-3 NMSA 1978 (being Laws 1975, Chapter 149, Section 1, as amended) is amended to read:

     "30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED LIQUOR ESTABLISHMENTS.--

          A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:

                (1) by a law enforcement officer in the lawful discharge of the officer's duties;

                (2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer's law enforcement agency;

                (3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;

                (4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun issued or recognized by the department of public safety pursuant to the Concealed Handgun Carry Act, unless signs have been posted pursuant to Section 29-19-8 NMSA 1978 prohibiting the carrying of concealed handguns on the licensed premises [of:

                     (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or

                     (b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant];

                (5) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;

                (6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or

                (7) for the purpose of temporary display, provided that the firearm is:

                     (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and

                     (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.

          B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony."