HOUSE BILL 338

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

INTRODUCED BY

William "Bill" R. Rehm and Cynthia Borrego

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; REQUIRING CERTAIN PERSONS EMPLOYED IN FILMMAKING TO COMPLETE FIREARM TRAINING; SPECIFYING TRAINING REQUIREMENTS; PROVIDING A PENALTY.

 

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

     SECTION 1. A new section of the Film Production Tax Credit Act is enacted to read:

     "[NEW MATERIAL] FILMMAKING--EMPLOYEES--FIREARM TRAINING REQUIREMENT--PENALTY.--

          A. All individuals employed in New Mexico by a film production company that will handle, distribute or possess any antique or modern firearm or firearm ammunition or components physically located on the premises where filming is taking place shall have a valid certificate of competency in the safe handling of firearms by completing the firearm training security guard level three requirement as outlined by the regulation and licensing department for security guard level three.

          B. A firearm instructor performing the training required pursuant to Subsection A of this section shall be a regulation-and-licensing-department-certified firearm instructor for security guard level three, a New Mexico-law-enforcement-academy-certified firearm instructor or a national-rifle-association-certified firearm trainer. Firearm instructors shall teach only the firearm curriculum developed by the regulation and licensing department for level three security guards. Firearm instructors shall issue a certificate of completion for each person who successfully completes training, which certificate shall not have an expiration date.

          C. A film production company that employs individuals not in compliance with the provisions of Subsection A of this section shall not be eligible for tax credits pursuant to the Film Production Tax Credit Act, including film and television tax credits for the calendar year in which the violation occurs.

          D. As used in this section:

                (1) "antique firearm" means a firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition;

                (2) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion, including the frame or receiver of any such weapon, any firearm muffler or firearm silencer and any handgun, rifle or shotgun whether or not it is in a permanently inoperable condition; and

                (3) "firearm ammunition" means any self-contained unit consisting of the case, primer, propellant charge and projectile for use in a firearm from which is expelled a projectile by the force of explosion or other form of combustion and includes blank ammunition used in the course of filmmaking that is not intended to expel a projectile."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2024.

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