AN ACT
RELATING TO FIREARMS; ENACTING THE CONCEALED HANDGUN CARRY
ACT; PROVIDING STATEWIDE STANDARDS FOR THE ISSUANCE OF CONCEALED HANDGUN
LICENSES; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the
"Concealed Handgun Carry Act".
Section 2. DEFINITIONS.--As used in the Concealed
Handgun Carry Act:
A. "applicant" means a person seeking
a license to carry a concealed handgun;
B. "caliber" means the diameter of the
bore of a handgun;
C. "category" means whether a handgun
is semiautomatic or not semiautomatic;
D. "concealed handgun" means a loaded
handgun that is not visible to the ordinary observations of a reasonable
person;
E. "department" means the department
of public safety;
F. "handgun" means a firearm that
will, is designed to or may readily be converted to expel a projectile by the
action of an explosion and the barrel length of which, not including a
revolving, detachable or magazine breech, does not exceed twelve inches;
and
G. "licensee" means a person holding a
valid concealed handgun license issued to him by the department.
Section 3. DATE OF LICENSURE--PERIOD OF
LICENSURE.--Effective January 1, 2004, the department is authorized to issue
concealed handgun licenses to qualified applicants. Concealed handgun licenses shall be valid for
a period of two years from the date of issuance, unless the license is
suspended or revoked.
Section 4. APPLICANT QUALIFICATIONS.--
A. The department shall issue a concealed
handgun license to an applicant who:
(1) is a citizen of the United States;
(2) is a resident of New Mexico or is a member of
the armed forces whose permanent duty station is located in New Mexico or is a
dependent of such a member;
(3) is twenty-five years of age or older;
(4) is not a fugitive from justice;
(5) has not been convicted of a felony in New Mexico
or any other state or pursuant to the laws of the United States or any other
jurisdiction;
(6) is not currently under indictment for a
felony criminal offense in New Mexico or any other state or pursuant to the
laws of the United States or any other jurisdiction;
(7) is not otherwise prohibited by federal law or
the law of any other jurisdiction from purchasing or possessing a firearm;
(8) has not been adjudicated mentally incompetent
or committed to a mental institution;
(9) is not addicted to alcohol or controlled
substances; and
(10) has satisfactorily completed a firearms
training course approved by the department for the category and caliber of
handgun that the applicant wants to be licensed to carry as a concealed
handgun.
B. The department shall deny a concealed handgun
license to an applicant who has:
(1) received a conditional discharge, a diversion
or a deferment or has been convicted of, pled guilty to or entered a plea of
nolo contendere to a misdemeanor offense involving a crime of violence;
(2) been convicted of a misdemeanor offense
involving driving while under the influence of intoxicating liquor or drugs
within five years immediately preceding the application for a concealed handgun
license;
(3) been convicted of a misdemeanor offense
involving the possession or abuse of a controlled substance; or
(4) been convicted of a misdemeanor offense
involving assault, battery or battery against a household member.
Section 5. APPLICATION FORM--SCREENING OF
APPLICANTS--FEE--LIMITATIONS ON LIABILITY.--
A.
Effective July 1, 2003, applications for concealed handgun licenses
shall be made readily available at locations designated by the department. Applications for concealed handgun licenses
shall be completed, under penalty of perjury, on a form designed and provided
by the department and shall include:
(1) the applicant's name, current address, date
of birth, place of birth, social security number, height, weight, gender, hair
color, eye color and driver's license number or other state‑issued
identification number;
(2) a statement that the applicant is aware of,
understands and is in compliance with the requirements for licensure set forth
in the Concealed Handgun Carry Act;
(3) a statement that the applicant has been
furnished a copy of the Concealed Handgun Carry Act and is knowledgeable of its
provisions; and
(4) a conspicuous warning that the application
form is executed under penalty of perjury and that a materially false answer or
the submission of a materially false document to the department may result in
denial or revocation of a concealed handgun license and may subject the
applicant to criminal prosecution for perjury as provided in Section 30‑25‑1
NMSA 1978.
B. The applicant shall submit to the
department:
(1) a completed application form;
(2) a nonrefundable application fee in an amount
not to exceed one hundred dollars ($100);
(3) two full sets of fingerprints;
(4) a certified copy of a certificate of
completion for a firearms training course approved by the department;
(5) two color photographs of the applicant;
(6) a certified copy of a birth certificate or
proof of United States citizenship, if the applicant was not born in the United
States; and
(7) proof of residency in New Mexico.
C. A law enforcement agency may fingerprint an
applicant and may charge a reasonable fee.
D. Upon receipt of the items listed in
Subsection B of this section, the department shall make a reasonable effort to
determine if an applicant is qualified to receive a concealed handgun license. The department shall conduct an appropriate
check of available records and shall forward the applicant's fingerprints to
the federal bureau of investigation for a national criminal background
check. The department shall comply with
the license-issuing requirements set forth in Section 7 of the Concealed
Handgun Carry Act. However, the
department shall suspend or revoke a license if the department receives
information that would disqualify an applicant from receiving a concealed
handgun license after the thirty-day time period has elapsed.
Section 6. DEPARTMENT RESPONSE TO APPLICATION--RIGHT TO
APPEAL--LICENSE RENEWAL--SUSPENSION OR REVOCATION OF LICENSE.--
A.
Pursuant to rules adopted by the department, the department, within
thirty days after receiving a completed application for a concealed handgun license
and the results of a national criminal background check on the applicant,
shall:
(1) issue a concealed handgun license to
an applicant; or
(2) deny the application on the grounds that the
applicant failed to qualify for a concealed handgun license pursuant to the
provisions of the Concealed Handgun Carry Act.
B.
Information relating to an applicant or to a licensee received by the
department or any other law enforcement agency is confidential and exempt from
public disclosure unless an order to disclose information is issued by a court
of competent jurisdiction. The
information shall be made available by the department to a state or local law
enforcement agency upon request by the agency.
C.
A concealed handgun license issued by the department shall include:
(1) a color photograph of the licensee;
(2) the licensee's name, address and date
of birth;
(3) the expiration date of the concealed handgun
license; and
(4) the category and caliber of handgun that the
licensee is licensed to carry.
D. A licensee shall notify the department within
thirty days regarding a change of his name or permanent address. A licensee shall notify the department within
thirty days if the licensee's concealed handgun license is lost, stolen or
destroyed.
E.
If a concealed handgun license is reported lost, stolen or destroyed,
the license is invalid and the licensee may obtain a duplicate license by
furnishing the department a notarized statement that the original license was
lost, stolen or destroyed and paying a reasonable fee.
F.
A licensee may renew his concealed handgun license by submitting to the
department a completed renewal form, under penalty of perjury, designed and
provided by the department, accompanied by a payment of a fifty‑dollar
($50.00) renewal fee. A licensee who
renews his concealed handgun license may renew his license by taking a four‑hour
refresher firearms training course and paying the fifty‑dollar ($50.00)
renewal fee to the department. The
department shall conduct a national criminal records check of the licensee
seeking to renew his license. A
concealed handgun license shall not be renewed more than sixty days after it
has expired. A licensee who fails to
renew his concealed handgun license within sixty days after it has expired may
apply for a new concealed handgun license pursuant to the provisions of the
Concealed Handgun Carry Act.
G.
The department shall suspend or revoke a concealed handgun license
if:
(1) the licensee provided the department with
false information on his application form or renewal form for a concealed
handgun license;
(2) the licensee did not satisfy the criteria for
issuance of a concealed handgun license at the time the license was issued to
him; or
(3) subsequent to receiving a concealed handgun
license, the licensee violates a provision of the Concealed Handgun Carry Act.
Section 7. DEMONSTRATION OF ABILITY AND
KNOWLEDGE--COURSE REQUIREMENT--PROPRIETARY INTEREST--EXEMPTIONS.--
A.
The department shall prepare and publish minimum standards for approved
firearms training courses that teach competency with handguns. A firearms training course shall include
classroom instruction and range instruction and an actual demonstration by the
applicant of his ability to safely use a handgun. An applicant shall not be licensed unless he
demonstrates, at a minimum, his ability to use a handgun of .32 caliber. An approved firearms training course shall be
a course that is certified or sponsored by a federal or state law enforcement
agency, a college, a firearms training school or a nationally recognized
organization, approved by the department, that customarily offers firearms
training. The firearms training course
shall be not less than fifteen hours in length and shall provide instruction
regarding:
(1) knowledge of and safe handling of single‑
and double‑action revolvers and semiautomatic handguns;
(2) safe storage of handguns and child
safety;
(3) safe handgun shooting fundamentals;
(4) live shooting of a handgun on a firing
range;
(5) identification of ways to develop and
maintain handgun shooting skills;
(6) federal, state and local criminal and civil
laws pertaining to the purchase, ownership, transportation, use and possession
of handguns;
(7) techniques for avoiding a criminal attack and
how to control a violent confrontation; and
(8) techniques for nonviolent dispute
resolution.
B. Every instructor of an approved firearms
training course shall annually file a copy of the course description and proof
of certification with the department.
Section 8. LIMITATION ON LICENSE.--
A. Nothing in the Concealed Handgun Carry Act
shall be construed as allowing a licensee in possession of a valid concealed
handgun license to carry a concealed handgun into or on premises where to do so
would be in violation of state or federal law.
B. Nothing in the Concealed Handgun Carry Act
shall be construed as allowing a licensee in possession of a valid concealed
handgun license to carry a concealed handgun on school premises, as provided in
Section 30-7-2.1 NMSA 1978.
C. Nothing in the Concealed Handgun Carry Act
shall be construed as allowing a licensee in possession of a valid concealed
handgun license to carry a concealed handgun on the premises of a preschool.
Section 9. POSSESSION OF LICENSE.--A licensee shall have
his concealed handgun license in his possession at all times while carrying a
concealed handgun.
Section 10. VALIDITY OF LICENSE ON TRIBAL LAND.--A
concealed handgun license shall not be valid on tribal land, unless authorized
by the governing body of an Indian nation, tribe or pueblo.
Section 11. VALIDITY OF LICENSE IN A COURTHOUSE OR COURT
FACILITY.--A concealed handgun license shall not be valid in a courthouse or
court facility, unless authorized by the presiding judicial officer for that
courthouse or court facility.
Section 12. RULES--DEPARTMENT TO ADMINISTER.--The
department shall promulgate rules necessary to implement the provisions of the
Concealed Handgun Carry Act. The rules
shall include:
A. grounds for the suspension and revocation of
concealed handgun licenses issued pursuant to the provisions of the Concealed
Handgun Carry Act;
B. provision of authority for a law enforcement
officer to confiscate a concealed handgun license when a licensee violates the
provisions of the Concealed Handgun Carry Act;
C. provision of authority for a private property
owner to disallow the carrying of a concealed handgun on his property;
D. creation of a sequential numbering system for
all concealed handgun licenses issued by the department and display of numbers
on issued concealed handgun licenses; and
E. provision of authority for the transfer of a
concealed handgun license issued by another state.
Section 13. FUND CREATED.--
A. The "concealed handgun carry fund"
is created in the state treasury.
B. All money received by the department pursuant
to the provisions of the Concealed Handgun Carry Act shall be deposited by the
state treasurer for credit to the concealed handgun carry fund. The state treasurer shall invest the fund as
all other state funds are invested, and income from the investment of the fund
shall be credited to the fund. Balances
remaining at the end of any fiscal year shall not revert to the general fund
and may be used to maintain the state's criminal history database.
C. Money in the concealed handgun carry fund is
appropriated to the department to carry out the provisions of the Concealed
Handgun Carry Act.
Section 14. REPEAL.--Sections 29-18-1 through 29-18-12
NMSA 1978 (being Laws 2001, Chapter 219, Sections 1 through 12) are repealed.
Section 15. SEVERABILITY.--If any part or application of
the Concealed Handgun Carry Act is held invalid, the remainder or its
application to other situations or persons shall not be affected.
Section 16. EFFECTIVE DATE.--The effective date of
the provisions of this act is
July 1, 2003.