AN ACT

RELATING TO CONCEALED HANDGUNS; PROVIDING FOR A FOUR-YEAR LICENSE; LOWERING THE AGE FOR OBTAINING A LICENSE; ALLOWING A LICENSEE TO CARRY SMALLER CALIBER HANDGUNS UNDER ONE LICENSE; PROVIDING FOR RECIPROCAL AGREEMENTS WITH OTHER STATES; MAKING EXCEPTIONS FOR LAW ENFORCEMENT OFFICERS.

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

     Section 1. Section 29-19-1 NMSA 1978 (being Laws 2003, Chapter 255, Section 1) is amended to read:

     "29-19-1. SHORT TITLE.--Chapter 29, Article 19 NMSA 1978 may be cited as the "Concealed Handgun Carry Act"."

     Section 2. Section 29-19-3 NMSA 1978 (being Laws 2003, Chapter 255, Section 3) is amended to read:

     "29-19-3. DATE OF LICENSURE--PERIOD OF LICENSURE.--Effective January 1, 2004, the department is authorized to issue concealed handgun licenses to qualified applicants. Original and renewed concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked."

     Section 3. Section 29-19-4 NMSA 1978 (being Laws 2003, Chapter 255, Section 4) is amended to read:

     "29-19-4. APPLICANT QUALIFICATIONS.--

          A. The department shall issue a concealed handgun license to an applicant who:

(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 dependent 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 pursuant to the laws of the United States or any other jurisdiction;

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

                (7) is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;

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

                (9) is not addicted to alcohol or controlled substances; and

                (10) has satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry as a concealed handgun.

          B. The department shall deny a concealed handgun license to an applicant who has:

                (1) received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within ten years immediately preceding the application;

                (2) been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application for a concealed handgun license;

                (3) been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application; or

                (4) been convicted of a misdemeanor offense involving assault, battery or battery against a household member.

          C. Firearms training course instructors who are approved by the department shall not be required to complete a firearms training course pursuant to Paragraph (10) of Subsection A of this section."

     Section 4. Section 29-19-5 NMSA 1978 (being Laws 2003, Chapter 255, Section 5) is amended to read:

     "29-19-5. APPLICATION FORM--SCREENING OF APPLICANTS--FEE--LIMITATIONS ON LIABILITY.--

          A. Effective July 1, 2003, applications for concealed handgun licenses shall be made readily available at locations designated by the department. Applications for concealed handgun licenses shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include:

                (1) the applicant's name, current address, date of birth, place of birth, social security number, height, weight, gender, 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 Concealed Handgun Carry Act;

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

                (4) a conspicuous warning that the application form is executed under penalty of perjury and that a materially false answer or the 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 to the department:

                (1) a completed application form;

                (2) a nonrefundable application fee in an amount not to exceed one hundred dollars ($100);

                (3) two full sets of fingerprints;

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

                (5) two color photographs of the applicant;

                (6) a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and

                (7) proof of residency in New Mexico.

          C. A law enforcement agency may fingerprint an applicant and may charge a reasonable fee.

          D. Upon receipt of the items listed in Subsection B of this section, the department shall make a reasonable effort to determine if an 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 background check. The department shall comply with the license-issuing requirements set forth in Section 29-19-7 NMSA 1978. However, the department shall suspend or revoke a license if the department receives information that would disqualify an applicant from receiving a concealed handgun license after the thirty-day time period has elapsed.

          E. A state or local government agency shall comply with a request from the department pursuant to the Concealed Handgun Carry Act within thirty days of the request."

     Section 5. Section 29-19-6 NMSA 1978 (being Laws 2003, Chapter 255, Section 6) is amended to read:

     "29-19-6. APPEAL--LICENSE RENEWAL--REFRESHER FIREARMS TRAINING COURSE--SUSPENSION OR REVOCATION OF LICENSE.--

          A. Pursuant to rules adopted by the department, the department, within thirty days after receiving a completed application for a concealed handgun license and the results of a national criminal background check on the applicant, shall:

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

                (2) deny the application on the grounds that the applicant failed to qualify for a concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.

          B. Information relating to an applicant or to a licensee received by the department or any other law enforcement agency is confidential and exempt from public disclosure unless an order to disclose information is issued by a court of competent jurisdiction. The information shall be made available by the department to a state or local law enforcement agency upon request by the agency.

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

                (1) a color photograph of the licensee;

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

of birth;

                (3) the expiration date of the concealed handgun license; and

                (4) the category and the largest caliber of handgun that the licensee is licensed to carry, with a statement that the licensee is licensed to carry smaller caliber handguns but shall carry only one concealed handgun at any given time.

          D. A licensee shall notify the department within thirty days regarding a change of the licensee's name or permanent address. A licensee shall notify the department within ten days if the licensee's concealed handgun license is lost, stolen or destroyed.

          E. If a concealed handgun license is 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 reasonable fee. If the license is lost or stolen, the licensee shall file a police report with a local law enforcement agency and include the police case number in the notarized statement.

          F. A licensee may renew a concealed handgun license by submitting to the department:

                (1) a completed renewal form, under penalty of perjury, designed and provided by the department;

                (2) a payment of a seventy-five-dollar ($75.00) renewal fee; and

                (3) a certificate of completion of a four-hour refresher firearms training course approved by the department.

          G. The department shall conduct a national criminal records check of a licensee seeking to renew a license. A concealed handgun license shall not be renewed more than sixty days after it has expired. A licensee who fails to renew a concealed handgun license within sixty days after it has expired may apply for a new concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.

          H. A licensee shall complete a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The refresher course shall be approved by the department and shall be taken twenty-two to twenty-six months after the issuance of an original or renewed license. A certificate of completion shall be submitted to the department no later than thirty days after completion of the course.

          I. The department shall suspend or revoke a concealed handgun license if:

                (1) the licensee provided the department with false information on the application form or renewal form for a concealed handgun license;

                (2) the licensee did not satisfy the criteria for issuance of a concealed handgun license at the time the license was issued; or

                (3) subsequent to receiving a concealed handgun license, the licensee violated a provision of the Concealed Handgun Carry Act."

     Section 6. Section 29-19-12 NMSA 1978 (being Laws 2003, Chapter 255, Section 12) is amended to read:

     "29-19-12. RULES--DEPARTMENT TO ADMINISTER--RECIPROCAL AGREEMENTS WITH OTHER STATES.--The department shall promulgate rules necessary to implement the provisions of the Concealed Handgun Carry Act. The rules shall include:

          A. grounds for the suspension and revocation of concealed handgun licenses issued pursuant to the provisions of the Concealed Handgun Carry Act;

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

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

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

          E. provision of discretionary state authority for the transfer, recognition or reciprocity of a concealed handgun license issued by another state if the issuing authority for the other state:

                (1) includes provisions at least as stringent as or substantially similar to the Concealed Handgun Carry Act;

                (2) issues a license or permit with an expiration date printed on the license or permit;

                (3) is available to verify the license or permit status for law enforcement purposes within three business days of a request for verification;

                (4) has disqualification, suspension and revocation requirements for a concealed handgun license or permit; and

                (5) requires that an applicant for a concealed handgun license or permit:

                     (a) submit to a national criminal history record check;

                     (b) not be prohibited from possessing firearms pursuant to federal or state law; and

                     (c) satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship."

     Section 7. A new section of the Concealed Handgun Carry Act is enacted to read:

     "CURRENT AND RETIRED LAW ENFORCEMENT OFFICERS.--

          A. An application fee, a renewal fee and a firearms training course are not required for an applicant or licensee who is a certified law enforcement officer pursuant to the Law Enforcement Training Act.

          B. A retired law enforcement officer is not required to submit an application fee or a renewal fee if:

                (1) the officer was a certified law enforcement officer pursuant to the Law Enforcement Training Act for at least fifteen years prior to retirement; and

                (2) the retirement is in good standing as shown by a letter from the agency from which the officer retired.

          C. A retired law enforcement officer who has been retired ten years or less is not required to complete a firearms training course.

          D. A retired law enforcement officer who has been retired for more than ten years shall be required to complete a firearms training course. The officer shall be allowed to attend any local law enforcement agency's firearms qualification course; provided that the officer supplies the officer's own ammunition, handgun, targets and range equipment. A local law enforcement agency shall not be liable under the Tort Claims Act for providing a firearms training course to a retired law enforcement officer pursuant to this subsection.

          E. A retired law enforcement officer's concealed handgun license shall have printed on the license "retired police officer" and shall be valid for a period of five years."

HJC/HB 641

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