HOUSE BILL 238

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Joy Garratt and Martin Hickey and Yanira Gurrola

 

 

 

 

 

AN ACT

RELATING TO CRIME; MAKING IT UNLAWFUL TO DISCHARGE A FIREARM IN A DENSELY POPULATED AREA; PROVIDING AN EXCEPTION; PROVIDING A PENALTY.

 

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

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] UNLAWFUL DISCHARGE OF A FIREARM IN A DENSELY POPULATED AREA.--

          A. Unlawful discharge of a firearm in a densely populated area consists of discharging a firearm while in a densely populated area.

          B. The provisions of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of the person's employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of the person's office or employment.

          C. The exceptions from criminal liability provided in Subsection B of this section shall not preclude or affect civil liability for the same conduct.

          D. Whoever commits unlawful discharge of a firearm in a densely populated area is guilty of a fourth degree felony."

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