SENATE BILL 167

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

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO FIREARMS; ALLOWING CONCEALED HANDGUNS IN AN ESTABLISHMENT THAT SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION OFF THE PREMISES AND THAT DERIVES NO MORE THAN FIFTY PERCENT OF ITS ANNUAL GROSS RECEIPTS FROM THE SALE OF ALCOHOLIC BEVERAGES; REQUIRING POSTING OF NOTICE PROHIBITING FIREARMS IN ALL OTHER LIQUOR ESTABLISHMENTS.

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

     Section 1. Section 30-7-3 NMSA 1978 (being Laws 1975, Chapter 149, Section 1, as amended) is amended to read:

     "30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED LIQUOR ESTABLISHMENTS.--

          A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:

                (1) by a law enforcement officer in the lawful discharge of [his] the officer's duties;

                (2) by the owner, lessee, tenant or operator of the licensed premises or [his] the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;

                (3) by a person carrying a concealed handgun and in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act; provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises and derives no more than fifty percent of its annual gross receipts from the sale of alcoholic beverages;

                [(3)] (4) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;

                [(4)] (5) by a person on that area of a licensed premises primarily [utilized] used for vehicular traffic or parking; or

                [(5)] (6) for the purpose of temporary display, provided that the firearm is:

                     (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and

                     (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.

          B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony."

     Section 2. A new section of the Liquor Control Act is enacted to read:

     "[NEW MATERIAL] NOTICE--NO FIREARMS.--A licensee that sells alcoholic beverages for consumption on the licensed premises or that derives more than fifty percent of its annual gross receipts from the sale of alcoholic beverages shall display a poster in full public view at every entrance of the licensed premises giving notice that the law prohibits the carrying of a firearm on the premises. The director shall prescribe the form and size of the poster and shall make it available to all licensees."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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