HOUSE BILL 105

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

John A. Heaton

AN ACT

RELATING TO FIREARMS; ALLOWING CONCEALED HANDGUNS IN A LICENSED LIQUOR ESTABLISHMENT THAT DERIVES MORE THAN SIXTY PERCENT OF ITS ANNUAL GROSS RECEIPTS FROM THE SALE OF FOOD FOR CONSUMPTION ON THE PREMISES; AMENDING A SECTION OF THE CRIMINAL CODE.

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 the officer's duties;

                (2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer's law enforcement agency;

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

                (4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [provided that the] on the premises of:

                     (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or

                     (b) a licensed establishment that derives more than sixty percent of its annual gross receipts from the sale of food for consumption on the premises;

                (5) 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;

                (6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or

                (7) 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. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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