46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; LIMITING AN EXCEPTION TO THE CRIMINAL OFFENSE OF UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) is amended to read:

"30-7-2.1. UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES.--

A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

(1) a peace officer;

(2) school security personnel;

(3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;

(4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or

(5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance when the person is a parent or guardian of a child who attends the school and the person is in possession of a firearm, for lawful protection of the person's or another's person or property.

B. As used in this section:

(1) "firearm" means a handgun, rifle, shotgun or any other weapon that is designed to expel a projectile by action of an explosion; and

(2) "school premises" means:

[(1)] (a) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of [any] a public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or

[(2)] (b) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.

C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.