HOUSE BILL 67
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Jimmie C. Hall
AN ACT
RELATING TO FIREARMS; AMENDING THE CONCEALED HANDGUN CARRY ACT TO REQUIRE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR A CONCEALED HANDGUN LICENSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-19-2 NMSA 1978 (being Laws 2003, Chapter 255, Section 2) is amended to read:
"29-19-2. DEFINITIONS.--As used in the Concealed Handgun Carry Act:
A. "applicant" means a person seeking a license to carry a concealed handgun;
B. "caliber" means the diameter of the bore of a handgun;
C. "category" means whether a handgun is semiautomatic or not semiautomatic;
D. "concealed handgun" means a loaded handgun that is not visible to the ordinary observations of a reasonable person;
E. "department" means the department of public safety;
F. "handgun" means a firearm that will, is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches; [and]
G. "licensee" means a person holding a valid concealed handgun license issued to [him] the person by the department; and
H. "national instant criminal background check system" means the national system created by the federal Brady Handgun Violence Prevention Act."
SECTION 2. Section 29-19-5 NMSA 1978 (being Laws 2003, Chapter 255, Section 5, as amended) is amended to read:
"29-19-5. APPLICATION FORM--SCREENING OF APPLICANTS--FEE--LIMITATIONS ON LIABILITY.--
A. Effective July 1, 2003, applications for concealed handgun licenses shall be made readily available at locations designated by the department. Applications for concealed handgun licenses shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include:
(1) the applicant's name, current address, date of birth, place of birth, social security number, height, weight, gender, hair color, eye color and driver's license number or other state-issued identification number;
(2) a statement that the applicant is aware of, understands and is in compliance with the requirements for licensure set forth in the Concealed Handgun Carry Act;
(3) a statement that the applicant has been furnished a copy of the Concealed Handgun Carry Act and is knowledgeable of its provisions; and
(4) a conspicuous warning that the application form is executed under penalty of perjury and that a materially false answer or the submission of a materially false document to the department may result in denial or revocation of a concealed handgun license and may subject the applicant to criminal prosecution for perjury as provided in Section 30-25-1 NMSA 1978.
B. The applicant shall submit to the department:
(1) a completed application form;
(2) a nonrefundable application fee in an amount not to exceed one hundred dollars ($100);
(3) two full sets of fingerprints;
(4) a certified copy of a certificate of completion for a firearms training course approved by the department;
(5) two color photographs of the applicant;
(6) a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and
(7) proof of residency in New Mexico.
C. A law enforcement agency may fingerprint an applicant and may charge a reasonable fee.
D. Upon receipt of the items listed in Subsection B of this section, the department shall make a reasonable effort to determine if an applicant is qualified to receive a concealed handgun license. The department shall conduct an appropriate check of available records, which shall include a report from the national instant criminal background check system, and shall forward the applicant's fingerprints to the federal bureau of investigation for a national criminal background check. The department shall comply with the license-issuing requirements set forth in Section [29-19-7] 29-19-6 NMSA 1978. However, the department shall suspend or revoke a license if the department receives information that would disqualify an applicant from receiving a concealed handgun license after the thirty-day time period has elapsed.
E. A state or local government agency shall comply with a request from the department pursuant to the Concealed Handgun Carry Act within thirty days of the request."
SECTION 3. Section 29-19-6 NMSA 1978 (being Laws 2003, Chapter 255, Section 6, as amended) is amended to read:
"29-19-6. [APPEAL] LICENSE ISSUANCE--LICENSE RENEWAL--REFRESHER FIREARMS TRAINING COURSE--LOST OR STOLEN LICENSE-- SUSPENSION OR REVOCATION OF LICENSE.--
A. Pursuant to rules adopted by the department, the department, within thirty days after receiving a completed application for a concealed handgun license and the results of a national criminal background check, which shall include a report from the national instant criminal background check system, on the applicant, shall:
(1) issue a concealed handgun license to an applicant; or
(2) deny the application on the grounds that the applicant failed to qualify for a concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.
B. Information relating to an applicant or to a licensee received by the department or any other law enforcement agency is confidential and exempt from public disclosure unless an order to disclose information is issued by a court of competent jurisdiction. The information shall be made available by the department to a state or local law enforcement agency upon request by the agency.
C. A concealed handgun license issued by the department shall include:
(1) a color photograph of the licensee;
(2) the licensee's name, address and date
of birth;
(3) the expiration date of the concealed handgun license; and
(4) the category and the largest caliber of handgun that the licensee is licensed to carry, with a statement that the licensee is licensed to carry smaller caliber handguns but shall carry only one concealed handgun at any given time.
D. A licensee shall notify the department within thirty days regarding a change of the licensee's name or permanent address. A licensee shall notify the department within ten days if the licensee's concealed handgun license is lost, stolen or destroyed.
E. If a concealed handgun license is lost, stolen or destroyed, the license is invalid and the licensee may obtain a duplicate license by furnishing the department a notarized statement that the original license was lost, stolen or destroyed and paying a reasonable fee. If the license is lost or stolen, the licensee shall file a police report with a local law enforcement agency and include the police case number in the notarized statement.
F. A licensee may renew a concealed handgun license by submitting to the department:
(1) a completed renewal form, under penalty of perjury, designed and provided by the department;
(2) a payment of a seventy-five-dollar ($75.00) renewal fee; and
(3) a certificate of completion of a four-hour refresher firearms training course approved by the department.
G. The department shall conduct a national criminal records check, which shall include a report from the national instant criminal background check system, of a licensee seeking to renew a license. A concealed handgun license shall not be renewed more than sixty days after it has expired. A licensee who fails to renew a concealed handgun license within sixty days after it has expired may apply for a new concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.
H. A licensee shall complete a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The refresher course shall be approved by the department and shall be taken twenty-two to twenty-six months after the issuance of an original or renewed license. A certificate of completion shall be submitted to the department no later than thirty days after completion of the course.
I. The department shall suspend or revoke a concealed handgun license if:
(1) the licensee provided the department with false information on the application form or renewal form for a concealed handgun license;
(2) the licensee did not satisfy the criteria for issuance of a concealed handgun license at the time the license was issued; or
(3) subsequent to receiving a concealed handgun license, the licensee violated a provision of the Concealed Handgun Carry Act."
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