NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.
SPONSOR: | Feldman | DATE TYPED: | 03/04/01 | HB | |||
SHORT TITLE: | Child Access Prevention Act | SB | 132 | ||||
ANALYST: | Chabot |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY01 | FY02 | FY01 | FY02 | ||
NFI |
Duplicates HB 240
SOURCES OF INFORMATION
LFC Files
Administrative Office of the Courts (AOC)
Administrative Office of the District Attorneys (AODA)
Bernalillo County Metropolitan Court
Children, Youth and Families Department (CYFD)
Corrections Department
Criminal and Juvenile Justice Coordinating Council
Department of Public Safety (DPS)
Juvenile Parole Board
Public Defender Department (PDD)
SUMMARY
Synopsis of Bill
If a person who owns, possesses, or stores a handgun fails to safeguard the handgun and a child less than eighteen years of age gains possession of or uses the handgun to cause injury to himself or another person, the individual who failed to safeguard the handgun is guilty of a misdemeanor, a fourth-degree felony, or a third-degree felony as defined in Section 31-19-1 NMSA 1978 and Section 31-18-15 NMSA 1978.
Significant Issues
According to the National Safe Kids Campaign, an estimated 1,500 children nationwide are treated in hospital emergency rooms for unintentional firearms injuries. The bill would make the gun owner responsible for firearms not adequately safeguarded. Eleven exemptions are provided if a child:
No state agencies have any opposition to the bill; opposition from gun owners and sellers is anticipated.
ADMINISTRATIVE IMPLICATIONS
The Bernalillo County Metropolitan Court is concerned that their caseload could be increased by the enactment of this bill. However, they are unable to estimate the impact.
DUPLICATION
This bill duplicates HB 240.
TECHNICAL ISSUES
PDD states that page 2, lines 7-9 of the bill are vague and may be subject to arbitrary enforcement.
GAC/njw:ar