45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO LAW ENFORCEMENT; AUTHORIZING PROBATION AND PAROLE OFFICERS OF THE CORRECTIONS DEPARTMENT TO LAWFULLY CARRY CONCEALED, LOADED FIREARMS OR OTHER TYPES OF DEADLY WEAPONS; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-7-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-2, as amended) is amended to read:

"30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;

(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

(3) by a peace officer, in accordance with the policies of his law enforcement agency, who is certified pursuant to the Law Enforcement Training Act; [or]

(4) by a peace officer, in accordance with the policies of his law enforcement agency, who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) by a probation and parole officer of the corrections department, in accordance with the policies of the corrections department, who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency.

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.