SENATE BILL 200

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO CONCEALED HANDGUN LICENSES; REVISING THE CIRCUMSTANCES UNDER WHICH CONCEALED HANDGUN LICENSES MAY BE SUSPENDED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. 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 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 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 only 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; or

                (4) subsequent to receiving a concealed handgun license, the licensee:

                     (a) is convicted of a felony pursuant to the laws of New Mexico, another state, the United States or any other jurisdiction;

                     (b) receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendere to a misdemeanor offense involving a crime of violence;

                     (c) is convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs;

                     (d) is convicted of a misdemeanor offense involving the possession or abuse of a controlled substance; or

                     (e) is convicted of a misdemeanor offense involving assault, battery or battery against a household member."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to a person who holds a concealed handgun license and who was convicted of a misdemeanor or felony offense as provided in Subsection I of Section 1 of this act on, before or after July 1, 2016.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

- 5 -