0001|                         SENATE BILL 64
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                       MICHAEL C. WIENER
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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 FIREARMS; ENACTING THE PERSONAL PROTECTION ACT;
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0013|     REQUIRING A LICENSE TO CARRY A CONCEALED LOADED FIREARM;
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0014|     PROVIDING FOR APPLICATION FEES; CREATING A FUND; AMENDING AND
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0015|     ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|       Section 1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0019|     through 14 of this act may be cited as the "Personal Protection
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0020|     Act".
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0021|       Section 2.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0022|     Personal Protection Act:
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0023|            A.  "applicant" means a person seeking a license to
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0024|     carry a concealed firearm;
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0025|            B.  "department" means the department of public
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0001|     safety; and
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0002|            C.  "firearm" means a loaded pistol or revolver that
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0003|     will convert or is designed to convert or may readily be
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0004|     converted to expel a projectile by the action of an explosion
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0005|     and the barrel length of the pistol or revolver does not exceed
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0006|     twelve inches, not including a revolving, detachable or magazine
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0007|     breech.
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0008|       Section 3.  [<u>NEW MATERIAL</u>]  DATE OF LICENSURE.--Effective
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0009|     January 1, 1997, the department shall issue concealed firearm
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0010|     licenses to qualified applicants.
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0011|       Section 4.  [<u>NEW MATERIAL</u>]  APPLICATION FORM--SCREENING
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0012|     OF APPLICANTS.--
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0013|            A.  An applicant shall fill out an application form
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0014|     made available by the department.  In addition to other
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0015|     information deemed necessary, the applicant shall provide the
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0016|     department with the following information:
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0017|                 (1)  his name, current address and place and
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0018|     date of birth;
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0019|                 (2)  proof of citizenship of the United States;
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0020|                 (3)  proof that either he has been a resident of
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0021|     New Mexico for not less than three months or he is a member of
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0022|     the armed forces whose permanent duty station is located in New
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0023|     Mexico, or he is a dependent of such a member;
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0024|                 (4)  proof that he is twenty-one years of age or
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0025|     older;
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0001|                 (5)  whether he has been convicted of a felony
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0002|     in New Mexico or any other state or under the laws of the United
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0003|     States; 
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0004|                 (6)  whether he has been convicted during the
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0005|     previous five years of a misdemeanor regarding possession or
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0006|     abuse of a controlled substance in New Mexico or any other state
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0007|     or under the laws of the United States;
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0008|                 (7)  whether he has ever been adjudicated
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0009|     mentally incompetent;
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0010|                 (8)  whether he is currently under indictment
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0011|     for allegedly committing a felony criminal offense;
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0012|                 (9)  whether he is addicted to alcohol or drugs;
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0013|     and
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0014|                 (10)  a set of fingerprints.  The applicant
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0015|     shall bear the expense of providing the set of fingerprints.
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0016|            B.  In addition to the information that must be
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0017|     provided by an applicant pursuant to Subsection A of this
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0018|     section, the application form shall include:
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0019|                 (1)  a signed statement by the applicant that he
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0020|     is aware of and understands the requirements for licensure set
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0021|     forth in the Personal Protection Act; and
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0022|                 (2)  a conspicuous warning that the application
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0023|     form is executed under oath and that a materially false answer
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0024|     to any question on the application form or the submission of a
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0025|     materially false document may result in denial or revocation of
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0001|     a license and may subject the applicant to criminal prosecution
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0002|     for perjury, as provided for in Section 30-25-1 NMSA 1978.
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0003|            C.  At the time an applicant seeks a concealed
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0004|     firearm license, the department shall conduct a background check
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0005|     to verify the information provided by the applicant to the
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0006|     department.
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0007|       Section 5.  [<u>NEW MATERIAL</u>]  DEMONSTRATION OF ABILITY AND
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0008|     KNOWLEDGE--COURSE REQUIREMENTS--PROPRIETARY INTEREST--FEES.-- 
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0009|            A.  An applicant shall be required to submit to the
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0010|     department a legible copy of a certificate that indicates he has
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0011|     successfully completed a standardized firearms safety and
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0012|     training course.  The firearms safety and training course shall
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0013|     include a written examination on the subject of New Mexico laws
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0014|     regarding self-defense and the lawful use of firearms.  The
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0015|     firearms safety and training course shall be conducted by an
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0016|     instructor certified by a federal or state law enforcement
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0017|     agency or a nationally recognized association that offers a
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0018|     firearms safety and training course.
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0019|            B.  An instructor for a firearms safety and training
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0020|     course shall submit to a background investigation, including a
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0021|     criminal history records check and a search for outstanding
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0022|     warrants.  Two sets of fingerprints for each instructor shall be
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0023|     provided to the department.
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0024|            C.  A person shall apply to the department for
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0025|     approval of a firearms safety and training course.  The
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0001|     department may approve a firearms safety and training course
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0002|     that is sixteen hours in length and that includes the following
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0003|     elements:
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0004|                 (1)  instruction regarding basic firearms safety
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0005|     and types of firearms and ammunition;
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0006|                 (2)  instruction regarding a thorough review of
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0007|     New Mexico law concerning the lawful use of deadly force for
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0008|     self defense.  This element of the training course shall be
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0009|     developed by the department as a videotape presentation to
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0010|     ensure uniformity of information provided to applicants.  The
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0011|     department shall provide a copy of the videotape to a person
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0012|     approved to conduct a firearms safety and training course, and
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0013|     that person shall use the videotape for this element of the
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0014|     training course;
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0015|                 (3)  marksmanship training; and
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0016|                 (4)  instruction regarding firearms care and
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0017|     maintenance, safe storage of a firearm and proper methods for
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0018|     carrying a concealed, loaded firearm.
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0019|            D.  A person's proprietary interest in his firearms
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0020|     safety and training course shall be safeguarded by the
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0021|     department, and the contents of any course shall not be
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0022|     disclosed to any other person, except a law enforcement agency
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0023|     that requests the information pursuant to a court order.
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0024|            E.  A person who conducts a firearms safety and
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0025|     training course approved by the department may establish his own
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0001|     fee schedule for the course.
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0002|            F.  The requirements set forth in Subsection A of
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0003|     this section shall be waived for an applicant who is currently: 
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0004|                 (1)  certified to teach a firearms and safety
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0005|     training course, pursuant to the provisions of Subsection A of
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0006|     this section;
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0007|                 (2)  serving on active duty or active reserve
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0008|     duty as a law enforcement officer in New Mexico for a period of
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0009|     not less than five consecutive years prior to submission of his
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0010|     application; or
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0011|                 (3)  honorably retired from active duty with a
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0012|     federal or New Mexico state, county or municipal law enforcement
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0013|     agency, when the period of retirement does not exceed five years
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0014|     prior to submission of his application.     
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0015|       Section 6.  [<u>NEW MATERIAL</u>]  DEPARTMENT RESPONSE REGARDING
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0016|     FIREARMS AND SAFETY TRAINING COURSE SUBMITTED FOR APPROVAL.--
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0017|            A.  No later than sixty days after a person applies
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0018|     to the department for approval of a firearms safety and training
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0019|     course, following submission of documents required pursuant to
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0020|     the provisions of the Personal Protection Act, the person's
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0021|     application for approval of his course shall be approved or
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0022|     denied.
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0023|            B.  The department shall not arbitrarily deny a
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0024|     person's application for approval of a firearms safety and
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0025|     training course.  If the department denies a person's
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0001|     application for approval of a firearms and safety training
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0002|     course, the grounds for denial shall be set forth in writing and
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0003|     provided to that person.
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0004|            C.  If a person's application for approval of a
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0005|     firearms safety and training course is approved, the department
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0006|     shall provide that person with formal notification of approval. 
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0007|     The person shall display the formal notification of approval in
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0008|     a prominent place on the premises where the firearms safety and
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0009|     training course is conducted.
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0010|       Section 7.  [<u>NEW MATERIAL</u>]  DEPARTMENT RESPONSE TO
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0011|     APPLICATION--POSSESSION OF LICENSE.--
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0012|                 A.  No later than sixty days following submission of
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0013|     the documents required pursuant to the provisions of the
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0014|     Personal Protection Act, an applicant's request for licensure or
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0015|     license renewal shall be approved or denied.  
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0016|            B.  The department shall not arbitrarily deny
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0017|     issuance of a license to an applicant.  If the department denies
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0018|     an application, the grounds for denial shall be provided to the
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0019|     applicant in writing.  
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0020|            C.  If the applicant's request for licensure or
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0021|     license renewal is approved, the department shall send the
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0022|     applicant formal notification of approval.  The applicant may
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0023|     take the formal notification of approval to a field office of
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0024|     the motor vehicle division of the taxation and revenue
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0025|     department, where the applicant will be photographed.  The
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0001|     photograph shall appear on the concealed firearm license with
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0002|     the applicant's signature.  The department shall provide ten
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0003|     dollars ($10.00) to the motor vehicle division for each license
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0004|     that the division creates and issues. 
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0005|            D.  The licensee shall have the concealed firearm
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0006|     license in his possession at all times while carrying a
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0007|     concealed firearm.
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0008|       Section 8.  [<u>NEW MATERIAL</u>]  SURRENDER OF LICENSE.--A
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0009|     person licensed pursuant to the provisions of the Personal
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0010|     Protection Act shall surrender his concealed firearm license to
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0011|     the department when that person prepares to leave New Mexico
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0012|     with the intent to establish residence elsewhere.
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0013|       Section 9.  [<u>NEW MATERIAL</u>]  LICENSE REVOCATION.--A person
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0014|     licensed pursuant to the provisions of the Personal Protection
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0015|     Act shall have his license immediately revoked by the department
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0016|     if the person is:
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0017|            A.  convicted for a felony criminal offense; or
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0018|            B.  adjudicated mentally incompetent.
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0019|       Section 10.  [<u>NEW MATERIAL</u>]  LIMITATION ON LICENSE.--
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0020|     Nothing in the Personal Protection Act shall be construed as
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0021|     allowing a person having a valid concealed firearm license to
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0022|     carry a concealed firearm into or on a premise where to do so
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0023|     would be in violation of existing law.
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0024|       Section 11.  [<u>NEW MATERIAL</u>]  PREEMPTION OF LICENSE BY
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0025|     TRIBAL LAW.--A concealed firearm license shall be valid on
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0001|     tribal land unless the governing body of an Indian nation, tribe
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0002|     or pueblo has preempted the Personal Protection Act by enacting
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0003|     law prohibiting the carrying of a concealed firearm on tribal
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0004|     land.
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0005|       Section 12.  [<u>NEW MATERIAL</u>]  DEPARTMENT TO ADMINISTER--RULES AND REGULATIONS.--
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0006|            A.  The department shall promulgate rules and
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0007|     regulations necessary to implement the provisions of the
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0008|     Personal Protection Act with assistance from a seven-member task
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0009|     force appointed by the governor.  The rules and regulations
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0010|     shall include grounds for the revocation and suspension of
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0011|     licenses issued pursuant to the provisions of the Personal
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0012|     Protection Act.  The rules and regulations shall be promulgated
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0013|     no later than January 1, 1997.
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0014|            B.  The department shall perform background checks on
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0015|     applicants.  
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0016|            C.  The department shall cooperate with other law
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0017|     enforcement agencies and the motor vehicle division of the
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0018|     taxation and revenue department to ensure the implementation of
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0019|     the provisions of the Personal Protection Act.
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0020|       Section 13.  [<u>NEW MATERIAL</u>]  FEES--RENEWAL.--
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0021|            A.  When an applicant submits an application form and
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0022|     other required documentation to the department, he shall pay a
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0023|     nonrefundable fee of fifty dollars ($50.00) to the department. 
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0024|     A concealed firearm license shall be valid for a three-year
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0025|     period from the date of issuance.
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0001|            B.  When a licensee submits a license renewal form to
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0002|     the department, he shall pay a nonrefundable fee of fifty
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0003|     dollars ($50.00).
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0004|            C.  At the time a licensee seeks to renew a concealed
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0005|     firearm license, the licensee shall:
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0006|                 (1)  be re-photographed; 
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0007|                 (2)  re-submit to a background check; and 
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0008|                 (3)  complete a refresher firearms safety and
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0009|     training course that is at least two hours in length and that
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0010|     includes the following elements:
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0011|                      (a)  instruction regarding basic firearms
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0012|     safety;
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0013|                      (b)  instruction regarding a review of New
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0014|     Mexico law concerning the lawful use of deadly force for self
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0015|     defense; and
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0016|                      (c)  marksmanship training.
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0017|       Section 14.  [<u>NEW MATERIAL</u>]  FUND CREATED.--
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0018|            A.  There is created in the state treasury the
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0019|     "personal protection license fund".
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0020|            B.  All money received by the department pursuant to
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0021|     the provisions of the Personal Protection Act shall be deposited
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0022|     by the state treasurer for credit to the personal protection
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0023|     license fund.  The state treasurer shall invest the fund as all
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0024|     other state funds are invested, and income from the investment
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0025|     of the personal protection license fund shall be credited to the
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0001|     fund.  Balances remaining at the end of any fiscal year shall
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0002|     not revert to the general fund.
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0003|            C.  Money in the personal protection license fund is
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0004|     appropriated to the department and shall be used for the purpose
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0005|     of carrying out the provisions of the Personal Protection Act. 
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0006|       Section 15.  Section 30-7-2 NMSA 1978 (being Laws 1963,
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0007|     Chapter 303, Section 7-2, as amended) is amended to read:
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0008|       "30-7-2.  UNLAWFUL CARRYING OF A DEADLY WEAPON.--
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0009|            A.  Unlawful carrying of a deadly weapon consists of
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0010|     carrying a concealed loaded firearm or any other type of deadly
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0011|     weapon anywhere, except in the following cases:
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0012|                 (1)  in the person's residence or on real
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0013|     property belonging to him as owner, lessee, tenant or licensee;
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0014|                 (2)  in a private automobile or other private
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0015|     means of conveyance, for lawful protection of the person's or
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0016|     another's person or property; 
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0017|                 (3)  by a peace officer in accordance with the
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0018|     policies of his law enforcement agency who is certified pursuant
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0019|     to the Law Enforcement Training Act; <s>[or]</s>
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0020|                 (4)  by a peace officer in accordance with the
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0021|     policies of his law enforcement agency who is employed on a
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0022|     temporary basis by that agency and who has successfully
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0023|     completed a course of firearms instruction prescribed by the New
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0024|     Mexico law enforcement academy or provided by a certified
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0025|     firearms instructor who is employed on a permanent basis by a
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0001|     law enforcement agency; <u>or
</u>    |
<u></u>0002| <u>                (5)  by a person in possession of a valid
</u>    |
<u></u>0003| <u>    concealed firearm license issued to him by the department of
</u>    |
<u></u>0004| <u>    public safety pursuant to the provisions of the Personal
</u>    |
<u></u>0005| <u>    Protection Act</u>.
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0006|            B.  Nothing in this section shall be construed to
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0007|     prevent the carrying of any unloaded firearm.
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0008|            C.  Whoever commits unlawful carrying of a deadly
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0009|     weapon is guilty of a petty misdemeanor."
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0010|       Section 16.  Section 30-7-13 NMSA 1978 (being Laws 1979,
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0011|     Chapter 376, Section 4) is amended to read:
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0012|       "30-7-13.  CARRYING WEAPONS PROHIBITED.--
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0013|            A.  It is unlawful for any person without prior
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0014|     approval from the company to board or attempt to board a bus
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0015|     while in possession of a firearm or other deadly weapon upon his
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0016|     person or effects and readily accessible to him while on the
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0017|     bus.  Any person who violates the provisions of this subsection
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0018|     is guilty of a misdemeanor.
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0019|            B.  Subsection A of this section does not apply to:
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0020|     <s>[duly elected or appointed law enforcement officers or
</s>    |
<s></s>0021| <s>    commercial security personnel in the lawful discharge of their
</s>    |
<s></s>0022| <s>    duties]</s>
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0023|                 <u>(1)  duly elected or appointed law enforcement
</u>    |
<u></u>0024| <u>    officers in the lawful discharge of their duties;
</u>    |
<u></u>0025| <u>                (2)  commercial security officers in the lawful
</u>    |
<u></u>0001| <u>    discharge of their duties; or
</u>    |
<u></u>0002| <u>                (3)  a person in possession of a valid concealed
</u>    |
<u></u>0003| <u>    firearm license issued to him by the department of public safety
</u>    |
<u></u>0004| <u>    pursuant to the provisions of the Personal Protection Act</u>."
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0005|       Section 17.  EFFECTIVE DATE.--The effective date of the
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0006|     provisions of this act is January 1, 1997.
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0007|                            - 13 -
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0008|           
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0009|   
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0010|                    FORTY-SECOND LEGISLATURE
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0011|                      SECOND SESSION, 1996
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0012|   
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0013|   
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0014|                                              JANUARY 18, 1996
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0015|   
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0016|   Mr. President:
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0017|   
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0018|     Your COMMITTEES' COMMITTEE, to whom has been referred
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0019|   
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0020|                           SENATE BILL 64
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0021|   
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0022|   has had it under consideration and finds same to be GERMANE, PURSUANT
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0023|   TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE
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0024|   PUBLIC AFFAIRS COMMITTEE.
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0025|   
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0001|                              Respectfully submitted,
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0002|   
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0003|   
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0004|   
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0005|   
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0006|                              __________________________________
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0007|                              SENATOR MANNY M. ARAGON, Chairman 
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0008|   
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0009|   
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0010|   
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0011|   Adopted_______________________ Not Adopted_______________________
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0012|             (Chief Clerk)                        (Chief Clerk)
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0013|   
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0014|   
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0015|                     Date ________________________
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0016|   
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0017|   
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0018|   
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0019|   The roll call vote was <u>  </u> For <u>  </u> Against
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0020|   Yes:  
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0021|   No:        
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0022|   Excused:   
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0023|   Absent:    
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0024|   
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0025|   
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0001|     S0064CC1  
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0002|   
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0003|                      FORTY-SECOND LEGISLATURE
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0004|                        SECOND SESSION, 1996
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0005|   
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0006|   
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0007|                                                   January 26, 1996
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0008|   
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0009|   Mr. President:
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0010|   
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0011|     Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0012|   
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0013|                           SENATE BILL 64
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0014|   
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0015|   has had it under consideration and reports same with recommendation that
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0016|   it DO PASS, and thence referred to the JUDICIARY COMMITTEE.
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0017|   
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0018|                              Respectfully submitted,
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0019|   
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0020|   
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0021|   
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0022|                              __________________________________
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0023|                              Shannon Robinson, Chairman 
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0024|   
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0025|   
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0001|   
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0002|   Adopted_______________________ Not Adopted_______________________
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0003|             (Chief Clerk)                          (Chief Clerk)
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0004|   
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0005|   
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0006|                     Date ________________________
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0007|   
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0008|   
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0009|   The roll call vote was <u> 5 </u> For <u> 0 </u> Against
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0010|   Yes:  5
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0011|   No:        0
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0012|   Excused:   Garcia, E. Jennings, Naranjo
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0013|   Absent:    none
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0014|   
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0015|   
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0016|   S0064PA1
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0017|   
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0018|   
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