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AN ACT
RELATING TO CONCEALED HANDGUNS; ALLOWING CONCEALED HANDGUNS IN
AN ESTABLISHMENT THAT SELLS ALCOHOLIC BEVERAGES FOR
CONSUMPTION OFF THE PREMISES; ALLOWING LAW ENFORCEMENT
OFFICERS TO CARRY FIREARMS IN CERTAIN LICENSED LIQUOR
ESTABLISHMENTS IN ACCORDANCE WITH THE POLICIES OF THEIR
EMPLOYER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-7-3 NMSA 1978 (being Laws 1975,
Chapter 149, Section 1, as amended) is amended to read:
"30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED
LIQUOR ESTABLISHMENTS.--
A. Unlawful carrying of a firearm in an
establishment licensed to dispense alcoholic beverages
consists of carrying a loaded or unloaded firearm on any
premises licensed by the regulation and licensing department
for the dispensing of alcoholic beverages except:
(1) by a law enforcement officer in the
lawful discharge of the officer's duties;
(2) by a law enforcement officer who is
certified pursuant to the Law Enforcement Training Act acting
in accordance with the policies of the officer’s law
enforcement agency;
(3) by the owner, lessee, tenant or operator
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of the licensed premises or the owner's, lessee's, tenant's or
operator's agents, including privately employed security
personnel during the performance of their duties;
(4) by a person carrying a concealed handgun
who is in possession of a valid concealed handgun license for
that gun pursuant to the Concealed Handgun Carry Act; provided
that the licensed establishment does not sell alcoholic
beverages for consumption on the premises;
(5) by a person in that area of the licensed
premises usually and primarily rented on a daily or short-term
basis for sleeping or residential occupancy, including hotel
or motel rooms;
(6) by a person on that area of a licensed
premises primarily used for vehicular traffic or parking; or
(7) for the purpose of temporary display,
provided that the firearm is:
(a) made completely inoperative before
it is carried onto the licensed premises and remains
inoperative while it is on the licensed premises; and
(b) under the control of the licensee
or an agent of the licensee while the firearm is on the
licensed premises.
B. Whoever commits unlawful carrying of a firearm
in an establishment licensed to dispense alcoholic beverages
is guilty of a fourth degree felony."
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Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2007.
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