SENATE BILL 44
56th legislature - STATE OF NEW MEXICO - first session, 2023
Peter Wirth and Reena Szczepanski
RELATING TO ELECTIONS; PROHIBITING THE CARRYING OF A FIREARM WITHIN ONE HUNDRED FEET OF A POLLING PLACE DURING AN ELECTION WITH AN EXCEPTION FOR PEACE OFFICERS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 1, Article 20 NMSA 1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL CARRYING OF A FIREARM AT A POLLING PLACE.--
A. Unlawful carrying of a firearm at a polling place consists of carrying a loaded or unloaded firearm within one hundred feet of a polling place on election day or while early voting is in progress.
B. This section shall not apply to:
(1) a peace officer or other security personnel with written authorization of the appropriate municipal or county election official to be stationed within one hundred feet of the polling place; or
(2) a peace officer who carries a firearm in the performance of the officer's official duties.
C. A person who commits unlawful carrying of a firearm at a polling place is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
D. For the purposes of this section, "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer."
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