HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 105

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO FIREARMS; ALLOWING CONCEALED HANDGUNS IN A RESTAURANT THAT SELLS BEER AND WINE AND DERIVES NO LESS THAN SIXTY PERCENT OF ITS ANNUAL GROSS RECEIPTS FROM THE SALE OF FOOD FOR CONSUMPTION ON THE PREMISES; AMENDING A SECTION OF THE CRIMINAL CODE.

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 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] on the premises of:

                     (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or

                     (b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;

                (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."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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