HOUSE BILL 641
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
John A. Heaton
AN ACT
RELATING TO CONCEALED HANDGUNS; PROVIDING A FOUR-YEAR RENEWED LICENSE; LOWERING THE AGE FOR OBTAINING A LICENSE; ALLOWING A LICENSEE TO CARRY SMALLER CALIBER HANDGUNS UNDER ONE LICENSE; PROVIDING FOR RECIPROCAL AGREEMENTS WITH OTHER STATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-19-3 NMSA 1978 (being Laws 2003, Chapter 255, Section 3) is amended to read:
"29-19-3. DATE OF LICENSURE--PERIOD OF LICENSURE.--Effective January 1, 2004, the department is authorized to issue concealed handgun licenses to qualified applicants. Original concealed handgun licenses shall be valid for a period of two years from the date of issuance, unless the license is suspended or revoked. Renewed concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked."
Section 2. Section 29-19-4 NMSA 1978 (being Laws 2003, Chapter 255, Section 4) is amended to read:
"29-19-4. 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] twenty-one 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 the largest 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 3. Section 29-19-5 NMSA 1978 (being Laws 2003, Chapter 255, Section 5) is amended to read:
"29-19-5. 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] 29-19-7 NMSA 1978. 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 4. Section 29-19-6 NMSA 1978 (being Laws 2003, Chapter 255, Section 6) is amended to read:
"29-19-6. 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 the largest caliber of handgun that the licensee is licensed to carry, with a statement that the licensee is licensed to carry smaller caliber handguns.
D. A licensee shall notify the department within thirty days regarding a change of [his] the licensee's 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] a 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] a concealed handgun license may renew [his] the 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] a license. A concealed handgun license shall not be renewed more than sixty days after it has expired. A licensee who fails to renew [his] a 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] the 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 5. Section 29-19-12 NMSA 1978 (being Laws 2003, Chapter 255, Section 12) is amended to read:
"29-19-12. RULES--DEPARTMENT TO ADMINISTER--RECIPROCAL AGREEMENTS WITH OTHER STATES.--
A. The department shall promulgate rules necessary to implement the provisions of the Concealed Handgun Carry Act. The rules shall include:
[A.] (1) grounds for the suspension and revocation of concealed handgun licenses issued pursuant to the provisions of the Concealed Handgun Carry Act;
[B.] (2) 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.] (3) provision of authority for a private property owner to disallow the carrying of a concealed handgun on [his] the owner's property;
[D.] (4) 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.] (5) provision of authority for the transfer or recognition of a concealed handgun license issued by another state.
B. The department of public safety shall enter into reciprocal agreements with states that have concealed weapons laws substantially similar to the Concealed Handgun Carry Act for the purpose of establishing a basis under which a concealed handgun license or permit that is issued by either state may be used by the licensee or permittee within the jurisdiction of either state. If another state requires this state to enter into a reciprocal agreement before accepting a concealed handgun license issued in this state, the department of public safety shall enter into the agreement if the issuing authority for the other state:
(1) issues a license or permit with an expiration date printed on the license or permit;
(2) is available to verify the license or permit status for law enforcement purposes within three business days of a request for verification;
(3) has disqualification, suspension and revocation requirements for a concealed handgun license or permit; and
(4) requires that an applicant for a concealed handgun license or permit:
(a) submit to a criminal history record check;
(b) not be prohibited from possessing firearms pursuant to federal or state law; and
(c) satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship."
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