HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 1114

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO WEAPONS; CREATING THE NEW CRIMINAL OFFENSES OF UNLAWFUL CARRYING OF AN UNREGISTERED FIREARM, UNLAWFUL ALTERING OF A FIREARM SERIAL NUMBER AND UNLAWFUL SALE, POSSESSION OR TRANSPORTATION OF A FIREARM WITH AN ALTERED SERIAL NUMBER; PROVIDING PENALTIES.

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

     Section 1. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] UNLAWFUL CARRYING OF AN UNREGISTERED FIREARM.--

          A. Unlawful carrying of an unregistered firearm consists of a person carrying any of the following loaded firearms anywhere if it is not lawfully registered to the person pursuant to the federal National Firearms Act:

                (1) a shotgun or a weapon made from a shotgun that has a barrel or barrels of less than eighteen inches in length;

                (2) a rifle or a weapon made from a rifle that has a barrel or barrels of less than sixteen inches in length;

                (3) a weapon made from a shotgun or rifle if the weapon has an overall length of less than twenty-six inches;

                (4) a machine gun; or

                (5) a firearm silencer.

          B. Whoever commits unlawful carrying of an unregistered firearm is guilty of a fourth degree felony.

          C. This section does not apply to a law enforcement officer who carries a firearm that is subject to the provisions of this section in the lawful discharge of the officer's duties.

          D. As used in this section, "machine gun" means a weapon that shoots, is designed to shoot or is readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger."

     Section 2. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] UNLAWFUL ALTERING OF A FIREARM SERIAL NUMBER--UNLAWFUL SALE, POSSESSION OR TRANSPORTATION OF A FIREARM WITH AN ALTERED SERIAL NUMBER.--

          A. Unlawful altering of a firearm serial number consists of a person obliterating, removing, changing or altering the firearm manufacturer's serial number or other identification number of the firearm. Whoever commits unlawful altering of a firearm serial number is guilty of a fourth degree felony.

          B. Unlawful sale, possession or transportation of a firearm with an altered serial number consists of a person knowingly selling, possessing, transporting or causing to be transported any firearm that has had the manufacturer's serial number or other identification number of the firearm obliterated, removed, changed or altered. Whoever commits unlawful sale, possession or transportation of a firearm with an altered serial number is guilty of a fourth degree felony."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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