Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

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

SPONSOR Ingle

ORIGINAL DATE

LAST UPDATED

1/27/2007

03/17/07 HB

SHORT TITLE Concealed Handguns in Certain Businesses

SB 111/a SJC/aHBIC

ANALYST

Schuss/Baca

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates: Senate Bill168

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Department of Public Safety (DPS)

SUMMARY

Synopsis of HBIC Amendments

The House Business and Industry Committee amendments strike Senate Judiciary amendment 2

and insert language that makes it lawful for 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 "to carry a loaded or unloaded firearm in a liquor establishment.

Synopsis of SJC Amendment

The Senate Judiciary Committee Amendment amends the title of the Act to be more consistent

with the provisions within the bill. The amendment further exempts law enforcement officers

certified pursuant to the Law Enforcement Training Act and acting within the policies of their

agency from the provisions within the bill.

Senate Bill 111/a SJC/aHBIC – Page

2

Significant Issues

The amendment will prevent off-duty law enforcement officers from carrying a firearm when in

a licensed establishment selling alcoholic beverages for consumption on the premises.

Synopsis of Original Bill

Senate Bill 111 amends NMSA 1978, § 30-7-3 to permit persons licensed under the Concealed

Handgun Carry Act to carry a concealed handgun into an establishment licensed to dispense

alcohol beverages provided that this establishment does not sell alcoholic beverages for

consumption on the premises.

SIGNIFICANT ISSUES

The Attorney General’s Office (AGO) notes that a person with a concealed weapon carry permit

may not currently bring a concealed weapon into an establishment licensed by RLD that sells

alcoholic beverages for consumption on the premises.

The Department of Public Safety (DPS) states that 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 stores that sell 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.

DUPLICATION

Duplicates Senate Bill168.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The DPS states that 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

The Department of Public Safety notes the following questions:

What about licensees from other states whose permits NM recognizes. 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.

BS/mt