HOUSE BILL 908

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Candy Spence Ezzell

AN ACT

RELATING TO THE CARRYING OF CONCEALED HANDGUNS; PROVIDING FOR RECIPROCITY AGREEMENTS WITH OTHER STATES, UNDER WHICH LICENSES ISSUED BY ANOTHER STATE MAY BE RECOGNIZED IN NEW MEXICO.

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

     Section 1. Section 29-19-1 NMSA 1978 (being Laws 2003, Chapter 255, Section 1) is amended to read:

     "29-19-1. SHORT TITLE.--[This act] Chapter 29, Article 19 NMSA 1978 may be cited as the "Concealed Handgun Carry Act"."

     Section 2. A new section of the Concealed Handgun Carry Act, Section 29-19-14 NMSA 1978, is enacted to read:

     "29-19-14. [NEW MATERIAL] RECIPROCITY AGREEMENT WITH OTHER STATES.--

          A. Upon a determination by the department that another state's licensing process contains a requirement for a background check at least as thorough as New Mexico's, the secretary of public safety may enter into a reciprocity agreement with the appropriate official of the other state under which, if a license issued pursuant to the Concealed Handgun Carry Act is recognized in the other state, a license issued by the other state shall be recognized in New Mexico.

          B. After an agreement is entered into pursuant to Subsection A of this section, a licensee of the other state shall have the same privileges and obligations as a licensee pursuant to the Concealed Handgun Carry Act."

     Section 3. 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] the person 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] the peace officer's law enforcement agency who is certified pursuant to the Law Enforcement Training Act;

                (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 person in possession of a valid concealed handgun license issued to [him] the person by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act; or

                (6) by a person in possession of a valid concealed handgun license issued to the person by another state with which New Mexico has entered into a reciprocity agreement pursuant to Section 29-19-14 NMSA 1978.

          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."

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