45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO FIREARMS; ENACTING THE CHILD ACCESS PREVENTION ACT; ESTABLISHING A DUTY TO SAFEGUARD HANDGUNS FROM POSSESSION BY CHILDREN; PRESCRIBING CRIMINAL PENALTIES.

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

Section 1. SHORT TITLE.--This act may be cited as the "Child Access Prevention Act".

Section 2. DEFINITIONS.--As used in the Child Access Prevention Act:

A. "child" means a person who is less than eighteen years of age;

B. "handgun" means a loaded or unloaded pistol, revolver or firearm that will, is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches; and

C. "safeguard" means securing a handgun with a safety lock or keeping a handgun in a locked box or container.

Section 3. DUTY TO SAFEGUARD FIREARMS FROM POSSESSION BY

A CHILD--PENALTY--EXCEPTIONS.--

A. A person who owns, possesses or stores a handgun, and who knows or reasonably should know that a child is likely to gain access to the handgun without the lawful permission of the child's parent or guardian or a person in charge of the child, shall safeguard the handgun.

B. It is unlawful for a person to fail to safeguard a handgun when, as a direct result thereof, a child gains possession of the handgun and exhibits the handgun in a public place. A person who commits the offense of failing to safeguard a handgun, as provided in this subsection, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

C. It is unlawful for a person to fail to safeguard a handgun when, as a direct result thereof, a child gains possession of the handgun and uses the handgun to cause an injury to himself or to another person. A person who commits the offense of failing to safeguard a handgun, as provided in this subsection, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

D. It is unlawful for a person to fail to safeguard a handgun when, as a direct result thereof, a child gains possession of the handgun and uses the handgun to cause the death of himself or another person. A person who commits the offense of failing to safeguard a handgun, as provided in this subsection, is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

E. The penalties for failure to safeguard a handgun are not applicable if a child:

(1) is the child of the handgun owner and inflicts a gunshot wound upon himself;

(2) gains possession of the handgun as a result of fraudulent or unlawful activity committed by the child;

(3) intentionally or unintentionally removes a safety lock from the handgun or intentionally or unintentionally removes the handgun from a locked box or container;

(4) gains possession of the handgun as a result of fraudulent or unlawful activity committed by another person;

(5) is in attendance at a hunter's safety course or a handgun safety course;

(6) is using the handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law;

(7) is engaged in an organized competition involving the use of a handgun;

(8) is participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;

(9) is engaged in legal hunting or trapping activities;

(10) is traveling, with an unloaded handgun in his possession, to or from an activity described in Paragraph (5), (6), (7), (8) or (9) of this subsection; or

(11) is on real property under the control of the child's parent, grandparent or legal guardian and the child is being supervised by his parent, grandparent or legal guardian.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.