HOUSE BILL 288

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO DEADLY WEAPONS; ALLOWING JUDGES TO CARRY FIREARMS IN COURTHOUSES.

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

     Section 1. Section 29-19-11 NMSA 1978 (being Laws 2003, Chapter 255, Section 11) is amended to read:

     "29-19-11. VALIDITY OF LICENSE IN A COURTHOUSE OR COURT FACILITY.--Except as provided in Paragraph (6) of Subsection A of Section 30-7-2 NMSA 1978, a concealed handgun license shall not be valid in a courthouse or court facility, unless authorized by the presiding judicial officer for that courthouse or court facility."

     Section 2. 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] the person 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] the peace officer's law enforcement agency who is certified pursuant to the Law Enforcement Training Act;

                (4) by a peace officer in accordance with the policies of [his] the peace officer's 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 issued to [him] the person by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act; or

                (6) by a judge in a courthouse if the judge has a valid and current concealed handgun license pursuant to the Concealed Handgun Carry 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 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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