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

RELATING TO FIREARMS; REQUIRING A COMMERCIAL FIREARM CARRYING CASE FOR A LOADED FIREARM; PRESCRIBING PENALTIES.

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

Section 1. FIREARMS--COMMERCIAL FIREARM CARRYING CASE REQUIRED--PENALTIES--EXCEPTIONS.--

A. It is unlawful for a person to possess or carry a loaded and uncased firearm on public property, in public places, on public transportation or in a personal vehicle on public roadways. A person shall possess or carry a loaded firearm in a commercial firearm carrying case that completely encases the firearm.

B. A person who violates the provisions of this section shall have his firearm confiscated immediately and shall be fined one thousand dollars ($1,000).

C. The penalties provided in this section shall be in addition to any other penalties provided in statute.

D. The provisions of this section do not apply to:

(1) law enforcement personnel who are on active duty or who are in transit to or from a duty station;

(2) military personnel who are on active duty and who are in possession of or carrying a government-issued firearm;

(3) a person who is using a firearm at an authorized firing range;

(4) a licensed hunter on public property who is hunting in an authorized hunting area, during an authorized hunting period and during authorized hunting hours;

(5) a person who is hunting an unlicensed species and who is in possession of or carrying an appropriate firearm;

(6) a hunting guide on an authorized hunt; or

(7) any person authorized by law to carry a concealed, loaded firearm.

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.