SENATE BILL 328

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gay G. Kernan and Daniel A. Ivey-Soto

AN ACT

RELATING TO DOMESTIC ABUSE; ENACTING A NEW SECTION OF THE CONCEALED HANDGUN CARRY ACT; AUTHORIZING TEMPORARY CONCEALED HANDGUN LICENSES FOR VICTIMS OF FAMILY VIOLENCE; REQUIRING BACKGROUND CHECKS; AMENDING SECTIONS OF THE CRIMINAL CODE.

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

     SECTION 1. A new section of the Concealed Handgun Carry Act is enacted to read:

     "[NEW MATERIAL] TEMPORARY CONCEALED HANDGUN LICENSE--PROTECTIVE ORDER--TIME LIMITATIONS.--

          A. Upon the issuance of an order of protection pursuant to Section 40-13-5 NMSA 1978 of the Family Violence Protection Act, a victim of domestic abuse may obtain a temporary concealed handgun license if the order prohibits the respondent from possessing a firearm for the duration of the order.

          B. The temporary concealed handgun license shall be valid for forty-five days from the date of issuance and shall be accepted in the same manner as a concealed handgun license issued pursuant to the Concealed Handgun Carry Act.

          C. To receive a temporary concealed handgun license as described in Subsection A of this section, the applicant shall:

                (1) submit the application required by the department in writing or electronically;

                (2) meet all requirements for a concealed handgun license except for a firearms training course; and

                (3) not be required to bear the cost of a fee for the application, processing or issuance of the temporary license.

          D. The temporary concealed handgun license is valid only in New Mexico and shall not be considered as satisfying the requirements of reciprocity with any other state's concealed firearm provisions.

          E. Failure to carry a copy of the injunction or the protective order at all times the person is carrying the concealed handgun shall render the temporary concealed handgun license invalid.

          F. The department shall give priority to a background check of the applicant and conduct that background check pursuant to Subsection D of Section 29-19-5 NMSA 1978 prior to the issuance of a temporary concealed handgun license." 

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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