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F I S C A L I M P A C T R E P O R T

SPONSOR

Heaton

ORIGINAL DATE

LAST UPDATED

2/5/07

3/6/07 HB

588/aHJC/aHCPAC

SHORT TITLE

Concealed Handguns in Certain Businesses

SB

ANALYST

C.Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates, Relates to, Conflicts with, Companion to

SB 168 and SB 111

SOURCES OF INFORMATION

LFC Files

Responses Received From

Regulation and Licensing Department (RLD)

Department of Public Safety (DPS)

Department of Corrections (DOC)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment for House Bill 588 extends immunity for law

enforcement officers who are certified pursuant to the Law Enforcement Training Act and are

acting in accordance with the policies of the officer’s law enforcement agency. The amendment

strikes the Consumer and Public Affairs Committee amendment which did not allow officers to

carry concealed handguns into an establishment selling alcoholic beverages.

Synopsis of HCPAC Amendment

The House Consumer and Public Affairs Committee amendment for House Bill 588 covers an

officer who is carrying a concealed handgun off-duty. The amendment adds a section to allow a

law enforcement officer who is certified pursuant to the Law Enforcement Training Act and

acting in accordance with the policies of the officer’s law enforcement agency to carry a

House Bill 588/aHJC/aHCPAC – Page

2

concealed handgun; provided that the licensed establishment does not sell alcoholic beverages

for consumption on the premises

Synopsis of Original Bill

House Bill 588 will amend Section 30-7-3, NMSA 1978 by inserting a new section that will

allow a person who holds a valid concealed carry license, pursuant to the Concealed Handgun

Carry Act, to carry a concealed handgun into a liquor licensed premise that sells alcoholic

beverages for off-premise consumption. The Bill will not affect establishments that sell alcoholic

beverages for on premise consumption.

FISCAL IMPLICATIONS

Currently, liquor establishments are required to post signs stating that it is illegal to carry a

firearm into a liquor licensed premise. Signs would need to be re-printed with any new language

approved and mailed to all current liquor licensed establishments and any future licensees.

Printing and postage costs would be incurred.

SIGNIFICANT ISSUES

NM currently recognizes concealed carry permits from 20 other states. Amendment does not

appear to address these out-of-state permit holders that are traveling through NM or living in

NM. Proposed change will not apply to individuals that carry openly as NM law allows.

ADMINISTRATIVE IMPLICATIONS

The Department of Public Safety, Concealed Carry Unit, will need to monitor persons carrying

concealed handguns into establishments that sell alcoholic beverages for off-premise

consumption. The Department of Public Safety, Special Investigations Division, will also need

to monitor liquor licensed establishments for compliance in displaying new posters.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Possible duplicate legislation:

SB 168 sponsor, Steven P. Neville-reflects same proposed amendments

SB 111 sponsor, Stuart Ingle-reflects same proposed amendments.

OTHER SUBSTANTIVE ISSUES

This legislation attempts to address questions/complaints from the public pertaining to carrying a

firearm in any place that sells/serves alcohol. Often, individuals do not know if this applies to a

convenience store, for instance. Many individuals assume they can carry into store that sells

package alcohol, but clearly not into a bar. As it stands, people who do carry into a store that

sells package alcohol are committing a 4

th

degree felony.

ALTERNATIVES

The Department of Public Safety requests that there be a change to the language which deals

with Law Enforcement Officers. The current language states, “By a law enforcement officer in

the lawful discharge of [his] the officer's duties." We would like the words “in the lawful

House Bill 588/aHJC/aHCPAC – Page

3

discharge of [his] the officer’s duties" removed from the legislation. We request it be removed

because most if not all law enforcement agencies allow officers to carry their weapons “off-

duty." Therefore, an officer may enter an establishment that sells alcohol with a concealed

firearm in accordance with Departmental policies; however, the officer is not technically “on

duty" or “in the lawful discharge of his duties." In these cases, the officers should be viewed in

the same light as the individual with a Concealed Carry Permit.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

As stated in summary, for example, a person may unknowingly, without criminal intent, commit

a 4

th

degree felony by carrying a firearm into a convenience store to pay for gas.

POSSIBLE QUESTIONS

What about licensees from other states whose permits NM recognizes.

CS/mt