0001| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|
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0003| SENATE BILL 676
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0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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|
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0012| AN ACT
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0013| RELATING TO FIREARMS; ENACTING THE PERSONAL PROTECTION ACT;
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0014| REQUIRING A LICENSE TO CARRY A CONCEALED LOADED FIREARM;
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0015| CREATING A FUND; AMENDING AND ENACTING SECTIONS OF THE NMSA
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0016| 1978; MAKING AN APPROPRIATION.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0020| through 13 of this act may be cited as the "Personal Protection
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0021| Act".
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0022| Section 2. [NEW MATERIAL] FINDINGS.--The legislature
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0023| finds that, as a matter of public policy, it is necessary to
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0024| provide statewide, uniform standards for the issuance of
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0025| concealed firearm licenses for security and defense. The
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0001| legislature further finds it necessary to occupy the entire
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0002| field of regulation regarding the carrying of concealed
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0003| firearms to ensure effective enforcement.
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0004| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0005| Personal Protection Act:
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0006| A. "applicant" means a person seeking a license to
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0007| carry a concealed firearm;
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0008| B. "concealed firearm" means a loaded handgun that
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0009| is not visible to the ordinary observations of a reasonable
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0010| person;
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0011| C. "department" means the department of public
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0012| safety; and
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0013| D. "licensee" means a person holding a valid
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0014| concealed firearm license issued to him by the department
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0015| pursuant to the provisions of the Personal Protection Act.
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0016| Section 4. [NEW MATERIAL] DATE OF LICENSURE--PERIOD OF
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0017| LICENSURE.--Effective January 1, 1998, the department is
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0018| authorized to issue concealed firearm licenses to qualified
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0019| applicants. Concealed firearm licenses shall be valid
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0020| throughout the state for a period of four years from the date
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0021| of issuance, unless the license is suspended or revoked.
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0022| Section 5. [NEW MATERIAL] APPLICANT QUALIFICATIONS.--
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0023| A. The department shall issue a concealed firearm
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0024| license if the applicant:
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0025| (1) is a citizen of the United States;
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0001| (2) is a resident of New Mexico or is a member
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0002| of the armed forces whose permanent duty station is located in
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0003| New Mexico, or is a dependent of such a member;
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0004| (3) is twenty-one years of age or older;
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0005| (4) is not a fugitive from justice;
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0006| (5) has not been convicted of a felony in New
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0007| Mexico or any other state or under the laws of the United States;
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0008| (6) is not currently under indictment for a
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0009| felony criminal offense in New Mexico or any other state or under
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0010| the laws of the United States;
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0011| (7) is not otherwise prohibited by federal law
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0012| from purchasing or possessing a firearm;
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0013| (8) has not been adjudicated mentally
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0014| incompetent or involuntarily committed to a mental institution;
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0015| (9) is not addicted to alcohol or controlled
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0016| substances, as evidenced by involuntary commitment to a
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0017| residential treatment facility within the five-year period
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0018| immediately preceding application for a concealed firearm license;
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0019| and
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0020| (10) has satisfactorily completed a firearms
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0021| training course approved by the department.
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0022| B. The department shall deny a concealed firearm
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0023| license if the applicant has been convicted of, pled guilty to or
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0024| entered a plea of nolo contendere to one or more misdemeanor
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0025| offenses involving crimes of violence within a five-year period
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0001| immediately preceding application for a concealed firearm license,
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0002| or if the applicant has been convicted of one or more misdemeanor
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0003| offenses involving driving while under the influence of
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0004| intoxicating liquor or drugs, careless driving, reckless driving
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0005| or the possession or abuse of a controlled substance within a
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0006| five-year period immediately preceding application for a concealed
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0007| firearm license.
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0008| Section 6. [NEW MATERIAL] APPLICATION FORM--SCREENING OF
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0009| APPLICANTS--FEE--LIMITATIONS ON LIABILITY.--
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0010| A. Applications for concealed firearm licenses shall
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0011| be completed, under oath, on a form designed and provided by the
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0012| department. Applications for concealed firearm licenses shall be
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0013| made readily available at locations designated by the department
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0014| and shall include the following:
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0015| (1) the applicant's name, current address, date
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0016| of birth, place of birth, social security number, height, weight,
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0017| gender, hair color, eye color and driver's license number or other
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0018| state-issued identification number;
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0019| (2) a statement that the applicant is aware of,
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0020| understands and is in compliance with the requirements for
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0021| licensure set forth in the Personal Protection Act;
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0022| (3) a statement that the applicant has been
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0023| furnished a copy of the Personal Protection Act and is
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0024| knowledgeable of its provisions; and
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0025| (4) a conspicuous warning that the application
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0001| form is executed under oath and that a materially false answer or
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0002| the submission of a materially false document to the department
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0003| may result in denial or revocation of a concealed firearm license
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0004| and may subject the applicant to criminal prosecution for perjury,
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0005| as provided in Section 30-25-1 NMSA 1978.
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0006| B. The applicant shall submit the following items to
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0007| the department:
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0008| (1) a completed application form;
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0009| (2) a nonrefundable application fee in an amount
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0010| not to exceed one hundred dollars ($100);
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0011| (3) two full sets of fingerprints;
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0012| (4) a certified copy of a certificate of
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0013| completion for a firearms training course approved by the
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0014| department;
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0015| (5) two color photographs;
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0016| (6) a certified copy of a birth certificate; and
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0017| (7) proof of residency in New Mexico.
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0018| C. A law enforcement agency or other entity authorized
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0019| by the department may fingerprint an applicant and may charge a
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0020| fee not to exceed ten dollars ($10.00).
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0021| D. Upon receipt of the items listed in Subsection B of
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0022| this section, the department shall make a reasonable effort to
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0023| determine if the applicant is qualified to receive a concealed
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0024| firearm license. The department shall conduct an appropriate
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0025| check of available records and shall forward the applicant's
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0001| fingerprints to the federal bureau of investigation for a national
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0002| criminal records check. No later than thirty days after receiving
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0003| the application items, the department shall forward copies of the
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0004| items to the sheriff of the county in which the applicant resides,
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0005| so that the sheriff may check available records to verify the
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0006| accuracy of the application items. Within thirty days of
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0007| receiving copies of the application items from the department, the
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0008| sheriff shall return all copies of the application items to the
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0009| department with the results of the records check. If the sheriff
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0010| fails to respond to the department within the thirty-day period,
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0011| the department shall still comply with the license issuing
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0012| requirements set forth in Section 7 of the Personal Protection
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0013| Act. However, the department may suspend or revoke a license if
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0014| the sheriff receives information that would disqualify an
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0015| applicant from receiving a concealed firearm license after the
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0016| thirty-day time period has elapsed.
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0017| E. A person employed by a law enforcement agency of
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0018| the state or political subdivision of the state shall not be
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0019| criminally or civilly liable for acts committed by a licensee
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0020| unless the person had actual knowledge at the time the concealed
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0021| firearm license was issued that the licensee was prohibited by law
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0022| from being issued such a license. An organization or individual
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0023| approved by the department to offer a firearms training course
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0024| shall not be criminally or civilly liable for acts committed by a
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0025| licensee.
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0001| Section 7. [NEW MATERIAL] DEPARTMENT RESPONSE TO
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0002| APPLICATION--RIGHT TO APPEAL--SUSPENSION OR REVOCATION OF LICENSE-
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0003| -LICENSE RENEWAL.--
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0004| A. No later than seventy-five days following receipt
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0005| by the department of the completed application items, the
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0006| department shall:
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0007| (1) issue a concealed firearm license to an
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0008| applicant; or
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0009| (2) deny the application on the grounds that the
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0010| applicant failed to qualify for a license pursuant to the
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0011| provisions of the Personal Protection Act.
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0012| B. If the department denies an application, it shall
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0013| notify the applicant in writing, stating the grounds for denial of
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0014| the application and informing the applicant of his right to
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0015| submit, within sixty days, any additional documentation relating
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0016| to the grounds for denial. Upon receiving any additional
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0017| documentation from an applicant, the department shall reconsider
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0018| its decision and inform the applicant within twenty days of the
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0019| result of the department's reconsideration. The applicant shall
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0020| also be informed of his right to seek review of the denial, within
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0021| sixty days of the final denial by the department, in the district
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0022| court of the county in which the applicant resides. If the
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0023| district court reverses the department's denial of a person's
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0024| application for a concealed firearm license, any costs incurred by
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0025| the person in bringing the appeal shall be reimbursed to him by
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0001| the state.
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0002| C. The department shall maintain a database of all
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0003| licensees, and information contained in the database shall be
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0004| available to all state and local law enforcement agencies upon
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0005| request. Information relating to an applicant or to a licensee
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0006| received and maintained by the department or any other law
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0007| enforcement agency is privileged and confidential and exempt from
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0008| public disclosure; provided, the department may disclose the name
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0009| and address of an applicant or licensee.
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0010| D. A concealed firearm license issued by the
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0011| department shall include the following:
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0012| (1) a color photograph of the licensee;
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0013| (2) the licensee's name, address and date of
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0014| birth;
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0015| (3) the expiration date of the license; and
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0016| (4) a description of the concealed firearms that
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0017| will be lawfully carried by the licensee and the caliber of
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0018| ammunition used for the concealed firearms.
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0019| E. A licensee shall notify the department within
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0020| thirty days regarding a change of his name or permanent address.
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0021| A licensee shall notify the department within thirty days if the
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0022| licensee loses his concealed firearm license or it is stolen or
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0023| destroyed.
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0024| F. If a concealed firearm license is reported lost,
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0025| stolen or destroyed, the license is invalid and the licensee may
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0001| obtain a duplicate license by furnishing the department a
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0002| notarized statement that the original license was lost, stolen or
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0003| destroyed and paying a fee of fifteen dollars ($15.00) to the
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0004| department.
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0005| G. A licensee may renew his license within sixty days
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0006| of the expiration date of the license by returning a completed
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0007| renewal form designed and provided by the department to the
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0008| department, accompanied by a payment of a fifty dollar ($50.00)
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0009| renewal fee. The renewal form shall include a notarized affidavit
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0010| stating that the licensee remains qualified for a concealed
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0011| firearm license. A licensee who fails to renew his concealed
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0012| firearm license before it expires may renew his license by taking
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0013| a refresher firearms training course and paying, in addition to
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0014| the fifty dollar ($50.00) renewal fee, a late fee of fifteen
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0015| dollars ($15.00) to the department. A concealed firearm license
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0016| shall not be renewed more than sixty days after it has expired. A
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0017| licensee who fails to renew his license within sixty days after it
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0018| has expired may apply for a new concealed firearm license pursuant
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0019| to the provisions of the Personal Protection Act.
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0020| Section 8. [NEW MATERIAL] DEMONSTRATION OF ABILITY AND
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0021| KNOWLEDGE--COURSE REQUIREMENT--PROPRIETARY INTEREST--EXEMPTIONS.--
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0022| A. The department shall prepare and publish general
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0023| guidelines for approved firearms training courses and
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0024| qualifications of firearm instructors. An approved firearms
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0025| training course shall be a course that is certified or sponsored
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0001| by a federal or state law enforcement agency, a college, a
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0002| firearms training school, or a nationally recognized organization
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0003| that is approved by the department that customarily offers
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0004| firearms training, so long as the firearms training course is at
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0005| least twelve hours in length and includes the following elements:
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0006| (1) instruction regarding knowledge of and safe
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0007| handling of firearms;
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0008| (2) instruction regarding safe storage of
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0009| firearms and child safety;
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0010| (3) instruction regarding knowledge of and safe
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0011| handling of ammunition;
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0012| (4) instruction regarding safe storage of
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0013| ammunition and child safety;
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0014| (5) instruction regarding safe firearm shooting
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0015| fundamentals;
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0016| (6) live shooting of a firearm on a firing
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0017| range; and
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0018| (7) identification of ways to develop and
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0019| maintain firearm shooting skills.
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0020| B. In addition to the elements set forth in Subsection
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0021| A of this section, the firearms training course shall provide
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0022| instruction regarding:
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0023| (1) federal, state and local laws pertaining to
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0024| the purchase, ownership, transportation, use and possession of
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0025| firearms;
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0001| (2) federal, state and local laws pertaining to
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0002| the use of a firearm for self-defense; and
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0003| (3) techniques for avoiding a criminal attack
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0004| and how to control a violent confrontation.
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0005| C. Every instructor of an approved firearms training
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0006| course shall annually file a copy of the course description and
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0007| proof of certification with the department. A person's
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0008| proprietary interest in a firearms training course shall not be
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0009| disclosed to any other person, except a law enforcement officer.
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0010| D. The application requirement set forth in Paragraph
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0011| (10) of Subsection A of Section 5 of the Personal Protection Act
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0012| shall be waived for an applicant who is currently:
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0013| (1) certified to teach a firearms training
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0014| course approved by the department;
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0015| (2) serving on active duty or active reserve
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0016| duty as a law enforcement officer in New Mexico for a period of
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0017| not less than five consecutive years prior to application for a
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0018| concealed firearm license; or
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0019| (3) retired from active duty with a federal or
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0020| New Mexico state, county or municipal law enforcement agency, when
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0021| the period of retirement does not exceed two years prior to
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0022| application for a concealed firearm license.
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0023| Section 9. [NEW MATERIAL] LIMITATION ON LICENSE.--Nothing
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0024| in the Personal Protection Act shall be construed as allowing a
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0025| person having a valid concealed firearm license to carry a
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0001| concealed firearm into or on premises where to do so would be in
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0002| violation of state or federal law.
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0003| Section 10. [NEW MATERIAL] POSSESSION OF LICENSE.--A
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0004| licensee shall have his concealed firearm license in his
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0005| possession at all times while carrying a concealed firearm.
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0006| Section 11. [NEW MATERIAL] PREEMPTION OF LICENSE BY TRIBAL
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0007| LAW.--A concealed firearm license shall be valid on tribal land
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0008| unless the governing body of an Indian nation, tribe or pueblo has
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0009| preempted the Personal Protection Act by enacting law prohibiting
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0010| the carrying of a concealed firearm on tribal land.
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0011| Section 12. [NEW MATERIAL] DEPARTMENT TO ADMINISTER--RULES
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0012| AND REGULATIONS.--The department shall promulgate rules and
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0013| regulations necessary to implement the provisions of the Personal
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0014| Protection Act. The rules and regulations shall include:
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0015| A. grounds for the revocation and suspension of
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0016| licenses issued pursuant to the provisions of the Personal
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0017| Protection Act;
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0018| B. provision of authority for a law enforcement
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0019| officer to confiscate a concealed firearm license when a licensee
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0020| violates the provisions of the Personal Protection Act;
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0021| C. provision of authority for a private property owner
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0022| to disallow the carrying of concealed firearm on his property;
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0023| D. provision of authority for private employers to
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0024| disallow the carrying of a concealed firearm by an employee during
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0025| the employee's work shift;
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0001| E. provision of authority for the transfer of a
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0002| concealed firearm license issued by another state; and
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0003| F. creation of a numbering system for all concealed
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0004| firearm licenses issued by the department and display of numbers
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0005| on issued concealed firearm licenses.
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0006|
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0007| Section 13. [NEW MATERIAL] FUND CREATED.--
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0008| A. There is created in the state treasury the
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0009| "personal protection license fund".
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0010| B. All money received by the department pursuant to
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0011| the provisions of the Personal Protection Act shall be deposited
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0012| by the state treasurer for credit to the personal protection
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0013| license fund. The state treasurer shall invest the fund as all
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0014| other state funds are invested, and income from the investment of
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0015| the personal protection license fund shall be credited to the
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0016| fund. Balances remaining at the end of any fiscal year shall not
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0017| revert to the general fund.
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0018| C. Money in the personal protection license fund is
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0019| appropriated to the department and shall be used for the purpose
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0020| of carrying out the provisions of the Personal Protection Act.
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0021| Section 14. Section 30-7-2 NMSA 1978 (being Laws 1963,
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0022| Chapter 303, Section 7-2, as amended) is amended to read:
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0023| "30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--
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0024| A. Unlawful carrying of a deadly weapon consists of
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0025| carrying a concealed loaded firearm or any other type of deadly
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0001| weapon anywhere, except in the following cases:
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0002| (1) in the person's residence or on real
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0003| property belonging to him as owner, lessee, tenant or licensee;
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0004| (2) in a private automobile or other private
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0005| means of conveyance, for lawful protection of the person's or
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0006| another's person or property;
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0007| (3) by a peace officer in accordance with the
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0008| policies of his law enforcement agency who is certified pursuant
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0009| to the Law Enforcement Training Act; [or]
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0010| (4) by a peace officer in accordance with the
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0011| policies of his law enforcement agency who is employed on a
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0012| temporary basis by that agency and who has successfully completed
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0013| a course of firearms instruction prescribed by the New Mexico law
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0014| enforcement academy or provided by a certified firearms instructor
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0015| who is employed on a permanent basis by a law enforcement agency;
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0016| or
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0017| (5) by a person in possession of a valid
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0018| concealed firearm license issued to him by the department of
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0019| public safety pursuant to the provisions of the Personal
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0020| Protection Act.
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0021| B. Nothing in this section shall be construed to
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0022| prevent the carrying of any unloaded firearm.
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0023| C. Whoever commits unlawful carrying of a deadly
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0024| weapon is guilty of a petty misdemeanor. Upon a second or
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0025| subsequent conviction under this section, an offender is guilty of
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0001| a misdemeanor."
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0002| Section 15. EFFECTIVE DATE.--The effective date of the
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0003| provisions of this act is January 1, 1998.
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0004|
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