44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HANDGUNS; ENACTING THE PERSONAL PROTECTION ACT; REQUIRING A LICENSE TO CARRY A CONCEALED LOADED HANDGUN; CREATING A FUND; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 13 of this act may be cited as the "Personal Protection Act".

Section 2. [NEW MATERIAL] FINDINGS.--The legislature finds that, as a matter of public policy, it is necessary to provide statewide, uniform standards for the issuance of a license to carry a handgun for security and defense. The legislature further finds it necessary to occupy the entire field of regulation regarding the carrying of concealed handguns to ensure effective enforcement.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Personal Protection Act:

A. "applicant" means a person seeking a license to carry a concealed handgun;

B. "concealed handgun" means a handgun that is not visible to the ordinary observations of a reasonable person;

C. "department" means the department of public safety;

D. "handgun" means a firearm that is designed, made or adapted to be fired with one hand; and

E. "licensee" means a person holding a valid concealed handgun license.

Section 4. [NEW MATERIAL] APPLICANT QUALIFICATIONS--PERIOD OF LICENSURE.--The department is authorized to issue concealed handgun licenses to qualified applicants. Concealed handgun licenses shall be valid throughout the state for a period of four years from the date of issuance, unless the license is suspended or revoked.

Section 5. [NEW MATERIAL] APPLICANT QUALIFICATIONS.--

A. The department shall issue a concealed handgun license if the applicant:

(1) is a citizen of the United States;

(2) is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependant of such a member;

(3) is twenty-one years of age or older;

(4) is not a fugitive from justice;

(5) has not been convicted of a felony in New Mexico or any other state or under the laws of the United States;

(6) is not currently under indictment for a felony criminal offense in New Mexico or any other state or under the laws of the United States;

(7) is not otherwise prohibited by federal law from purchasing or possessing a firearm;

(8) has not been adjudicated mentally incompetent or involuntarily committed to a mental institution;

(9) is not addicted to alcohol or controlled substances, as evidenced by involuntary commitment to a residential treatment facility within the five-year period immediately preceding application for a concealed firearm license; and

(10) has satisfactory completed a firearms training course approved by the department.

B. The department shall deny a concealed handgun license if the applicant has been convicted of, pled guilty to or entered a plea of nolo contendere to one or more misdemeanor offenses involving crimes of violence within a five-year period immediately preceding application for a concealed handgun license or if the applicant has been convicted of one or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance within a five-year period immediately preceding application for a concealed firearm license.

Section 6. [NEW MATERIAL] APPLICATION FORM--SCREENING OF APPLICANTS--FEE--LIMITATIONS ON LIABILITY.--

A. Applications for concealed handgun licenses shall be completed, under oath, on a form designed and provided by the department. Applications for concealed handgun licenses shall be made readily available at locations designated by the department and shall include the following:

(1) the applicant's name, current address, date of birth, place of birth, social security number, gender, height, weight, hair color, eye color and driver's license number or other state-issued identification number;

(2) a statement that the applicant is aware of, understands and is in compliance with the requirements for licensure set forth in the Personal Protection Act;

(3) a statement that the applicant has been furnished a copy of the Personal Protection Act and is knowledgeable of its provisions; and

(4) a conspicuous warning that the application form is executed under oath and that a materially false answer or submission of a materially false document to the department may result in denial or revocation of a concealed handgun license and may subject the applicant to criminal prosecution for perjury, as provided in Section 30-25-1 NMSA 1978.

B. The applicant shall submit the following items to the department:

(1) a completed application form;

(2) a nonrefundable application fee in an amount not to exceed fifty dollars ($50.00);

(3) two full sets of fingerprints taken by a law enforcement agency, which may charge a fee not to exceed ten dollars ($10.00);

(4) a certified copy of a certificate of completion for a firearms training course approved by the department;

(5) two recent color passport photographs;

(6) a certified copy of a birth certificate or certified proof of age; and

(7) proof of residency in New Mexico.

C. Upon receipt of the items listed in Subsection B of this section, the department shall make a reasonable effort to determine if the applicant is qualified to receive a concealed handgun license. The department shall conduct an appropriate check of available records and shall forward the applicant's fingerprints to the federal bureau of investigation for a national criminal records check. No later than thirty days after receiving the application, the department shall forward a copy of the application to the sheriff of the county in which the applicant resides so that the sheriff may check available records to verify the accuracy of the application.

D. A person employed by a law enforcement agency of the state or political subdivision of the state shall not be criminally or civilly liable for acts committed by a licensee unless the person had actual knowledge at the time the concealed handgun license was issued that the licensee was prohibited by law from being issued such a license. A person approved by the department to offer a firearms training course shall not be criminally or civilly liable for acts committed by a licensee.

Section 7. [NEW MATERIAL] DEPARTMENT RESPONSE TO APPLICATION--RIGHT TO APPEAL--SUSPENSION OR REVOCATION OF LICENSE--LICENSE RENEWAL.--

A. No later than sixty days following receipt by the department of the completed application, the department shall:

(1) issue a concealed handgun license to the applicant; or

(2) deny the application on the grounds that the applicant failed to qualify for a license pursuant to the provisions of the Personal Protection Act. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.

B. If the department denies an application, it shall notify the applicant in writing, stating the grounds for denial of the application and informing the applicant of his right to submit, within sixty days, any additional documentation relating to the grounds for denial. Upon receiving any additional documentation from an applicant, the department shall reconsider its decision and inform the applicant within twenty days of the result of the department's reconsideration. The applicant shall also be informed of his right to seek review of the denial, within sixty days of the final denial by the department, in the district court of the county in which the applicant resides. If the district court reverses the department's denial of a person's application for a concealed handgun license, any costs incurred by the person in bringing the appeal shall be reimbursed to him by the state.

C. The department shall maintain a database of all licensees and information contained in the database shall be available to all state and local law enforcement agencies upon request. Information relating to an applicant or licensee received and maintained by the department or any other law enforcement agency is privileged and confidential and exempt from public disclosure.

D. A concealed handgun license issued by the department shall include the following:

(1) a color photograph of the licensee;

(2) the licensee's name, address and date of birth; and

(3) the expiration date of the license.

E. A licensee shall notify the department within thirty days regarding a change of his name or permanent address. A licensee shall notify the department within thirty days if the licensee loses his concealed handgun license or it is stolen or destroyed.

F. If a concealed handgun license is reported 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 fee of fifteen dollars ($15.00) to the department.

G. A licensee may renew his license within sixty days of the expiration date of the license by returning a completed renewal form, designed and provide by the department, to the department, accompanied by a payment of a fifty-dollar ($50.00) renewal fee. A licensee who fails to renew his concealed handgun license before it expires may renew his license by taking a refresher firearms training course and paying, in addition to the fifty-dollar ($50.00) renewal fee, a late fee of fifteen dollars (15.00) to the department. A concealed handgun license shall not be renewed more than sixty days after it has expired. A licensee who fails to renew his license within sixty days after it has expired may apply for a new concealed handgun license pursuant to the provisions of the Personal Protection Act.

H. A license may be revoked if the license holder:

(1) was not entitled to the license at the time it was issued;

(2) gave false information on the application; or

(3) subsequently becomes ineligible for a license pursuant to Section 5 of the Personal Protection Act

Section 8. [NEW MATERIAL] DEMONSTRATION OF ABILITY AND KNOWLEDGE--COURSE REQUIREMENT--PROPRIETARY INTEREST--EXEMPTIONS.--

A. The department shall establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency. The course to teach handgun proficiency shall contain training sessions divided into two parts. One part of the course shall be classroom instruction and the other part shall be range instruction and an actual demonstration by the applicant of the applicant's ability to safely and proficiently use the handgun. The department shall distribute the standards, course requirements and examinations on request to any qualified handgun instructor. Only a qualified handgun instructor may administer a handgun proficiency course. The handgun proficiency course shall include at least ten hours and not more than fifteen hours of instruction on:

(1) instruction regarding knowledge of and safe handling of single and double action revolvers and semi-automatic handguns;

(2) instruction regarding safe firearm shooting fundamentals of single and double action revolvers and semi-automatic handguns;

(3) live firing of single and double action revolvers and semi-automatic handguns;

(4) ways to develop and maintain shooting skills with revolvers and semi-automatic handguns;

(5) the laws that relate to firearms and to the use of deadly force;

(6) techniques on how to avoid a criminal attack;

(7) nonviolent dispute resolution; and

(8) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.

B. An instructor of an approved firearms training course shall file annually a copy of the course description and proof of certification with the department. A person's proprietary interest in a firearms training course shall not be disclosed to another person except a law enforcement officer.

C. The application requirement set forth in Paragraph (10) of Subsection A of Section 5 of the Personal Protection Act shall be waived for an applicant who is currently:

(1) certified to teach a firearms training course approved by the department;

(2) serving on active duty or active reserve duty as a law enforcement officer in New Mexico for a period of not less than five consecutive years prior to application for a concealed handgun license; or

(3) retired from active duty with a federal or New Mexico state, county or municipal law enforcement agency when the period of retirement does not exceed two years prior to application for a concealed handgun license.

Section 9. [NEW MATERIAL] LIMITATION ON LICENSE.--Nothing in the Personal protection Act shall be construed to allow a person having a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would violate state or federal law.

Section 10. [NEW MATERIAL] POSSESSION OF LICENSE.--A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun.

Section 11. [NEW MATERIAL] PREEMPTION OF LICENSE BY TRIBAL LAW.--A concealed handgun license shall be valid on tribal land unless the governing body of an Indian nation, tribe or pueblo has preempted the Personal Protection Act by enacting a law prohibiting the carrying of a concealed handgun on tribal land.

Section 12. [NEW MATERIAL] DEPARTMENT TO ADMINISTER--RULES.--The department shall promulgate rules necessary to implement the provisions of the Personal Protection Act. The rules shall include:

A. grounds for the revocation and suspension of licenses issued pursuant to the provisions of the Personal Protection Act;

B. provision of authority for a law enforcement officer to confiscate a concealed handgun license when a licensee violates the provisions of the Personal Protection Act;

C. provision of authority for a private property owner to disallow the carrying of a concealed handgun on his property;

D. provision of authority for an employer to disallow the carrying of a concealed handgun by an employee during the employee's work shift;

E. provision of authority for the transfer of a concealed handgun license issued by another state; and

F. creation of a numbering system for all concealed handgun licenses issued by the department and display of numbers on issued concealed handgun licenses.

Section 13. [NEW MATERIAL] FUND CREATED.--

A. The "personal protection license fund" is created in the state treasury.

B. All money received by the department pursuant to the provisions of the Personal Protection Act shall be deposited in the personal protection license fund. The state treasurer shall invest the fund as all other state funds are invested, and income from the investment of the personal protection license fund shall be credited to the fund. Balances remaining at the end of a fiscal year shall not revert to the general fund.

C. Money in the personal protection license fund is appropriated to the department and shall be used to carry out the provisions of the Personal Protection Act.

Section 14. 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 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 law enforcement agency who is certified pursuant to the Law Enforcement Training Act; [or]

(4) by a peace officer in accordance with the policies of his 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 pursuant to the Personal Protection 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 15. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.