HB0483

HOUSE BILL 483

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Jason C. Harper

AN ACT

RELATING TO CONCEALED HANDGUNS; PROVIDING FOR THE ISSUANCE OF AN ENHANCED CONCEALED HANDGUN LICENSE TO A PERSON WHO IS CERTIFIED OR IS ELIGIBLE TO BE CERTIFIED AS A LAW ENFORCEMENT OFFICER OR WHO MEETS CERTAIN HANDGUN PROFICIENCY AND CRIMINAL BACKGROUND REQUIREMENTS; PROVIDING EXEMPTIONS TO CERTAIN PROHIBITIONS ON CARRYING A CONCEALED HANDGUN FOR A PERSON WITH AN ENHANCED CONCEALED HANDGUN LICENSE.

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

SECTION 1. A new section of the Concealed Handgun Carry Act is enacted to read:

"[NEW MATERIAL] ENHANCED CONCEALED HANDGUN LICENSE CERTIFICATION.--

A. The department shall develop enhanced concealed handgun license certification program requirements, which shall include a minimum of eighteen hours of instruction in the following areas:

(1) one hour of handgun safety;

(2) two hours on legal issues related to concealed handguns, including instruction on state laws and civil liability considerations;

(3) one hour of handgun operator awareness;

(4) one hour on care and cleaning of handguns;

(5) one hour on the fundamentals of marksmanship, including stance, grip, sight alignment and picture, breath control, trigger control and follow through;

(6) two hours of classroom-based instruction on the manipulation of handguns;

(7) two hours on avoidance, situational awareness and de-escalation techniques; and

(8) eight hours of firearm range training and testing, including:

(a) a written test;

(b) non-shooting practical skills;

(d) judgmental and decisional shooting, with a minimum of thirty rounds;

(e) handgun shooting qualification, with a minimum of seventy-five rounds and a minimum score of eighty percent;

(f) daytime shooting qualification, with a minimum of fifty rounds; and

(g) nighttime shooting qualification, with a minimum of twenty-five rounds.

B. A person who seeks an enhanced concealed handgun license and who is not certified or eligible to be certified as a law enforcement officer shall complete a department-approved enhanced concealed handgun license certification that meets the minimum requirements provided in Subsection A of this section."

SECTION 2. 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 concealed handgun license [to carry a concealed handgun] or an enhanced concealed handgun license;

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. "enhanced concealed handgun license certification" means a handgun proficiency certification program approved by the department, the successful completion of which is required for issuance of an enhanced concealed handgun license;

[F.] G. "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.] H. "licensee" means a person holding a valid concealed handgun license or an enhanced concealed handgun license issued to [him] the person by the department."

SECTION 3. Section 29-19-3 NMSA 1978 (being Laws 2003, Chapter 255, Section 3, as amended) is amended to read:

"29-19-3. DATE OF LICENSURE--PERIOD OF LICENSURE.--Effective January 1, [2004] 2018, the department is authorized to issue concealed handgun licenses and enhanced concealed handgun licenses to qualified applicants. Original and renewed concealed handgun licenses and enhanced concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked."

SECTION 4. Section 29-19-4 NMSA 1978 (being Laws 2003, Chapter 255, Section 4, as amended) is amended to read:

"29-19-4. APPLICANT QUALIFICATIONS.--

A. The department shall issue a concealed handgun license to an applicant who:

(1) is a citizen of the United States;

(2) is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member;

(3) is twenty-one years of age or older;

(4) is not a fugitive from justice;

(5) has not been convicted of a felony in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;

(6) is not currently under indictment for a felony criminal offense in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;

(7) is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;

(8) has not been adjudicated mentally incompetent or committed to a mental institution;

(9) is not addicted to alcohol or controlled substances; and

(10) has satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry as a concealed handgun.

B. The department shall issue an enhanced concealed handgun license to an applicant who:

(1) meets the requirements provided in Paragraphs (1) through (10) of Subsection A of this section; and

(2) either:

(a) is certified or is eligible to be certified as a law enforcement officer by the New Mexico law enforcement academy board in accordance with the Law Enforcement Training Act; or

(b) has satisfactorily completed an enhanced concealed handgun license certification and has not been convicted of and is not under indictment for any criminal offense pursuant to the laws of New Mexico, except for a penalty assessment misdemeanor or a misdemeanor provided for in the Motor Vehicle Code, the United States or any other jurisdiction.

[B.] C. The department shall deny a concealed handgun license or an enhanced concealed handgun license to an applicant who has:

(1) received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within ten years immediately preceding the application;

(2) been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application for a concealed handgun license or an enhanced concealed handgun license;

(3) been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application; or

(4) been convicted of a misdemeanor offense involving assault, battery or battery against a household member.

[C.] D. Firearms training course instructors who are approved by the department shall not be required to complete a firearms training course pursuant to Paragraph (10) of Subsection A of this section."

SECTION 5. 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] 2017, applications for concealed handgun licenses and enhanced 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 or an enhanced 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; and

(8) if the applicant seeks an enhanced concealed handgun license, documentation to show that the applicant:

(a) is certified or is eligible to be certified as a law enforcement officer by the New Mexico law enforcement academy board; or

(b) has successfully completed an enhanced concealed handgun license certification.

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 from an applicant, the department shall make a reasonable effort to determine [if an] whether the applicant is qualified to receive a concealed handgun license or an enhanced concealed handgun license. The department shall conduct an appropriate check of available records 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 NMSA 1978. However, the department shall suspend or revoke a concealed handgun license or an enhanced concealed handgun 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 6. 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 or an enhanced concealed handgun license and the results of a national criminal background check on the applicant, shall:

(1) issue a concealed handgun license or an enhanced 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] and an enhanced concealed handgun license 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:

(1) within thirty days regarding a change of the licensee's name or permanent address [A licensee shall notify the department]; and

(2) within ten days if the licensee's [concealed handgun] license is lost, stolen or destroyed.

E. If a concealed handgun license or an enhanced concealed handgun license is lost, stolen or destroyed, the license is invalid and the licensee may obtain a [duplicate] replacement license by furnishing the department with 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 or an enhanced 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 or an enhanced 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 or an enhanced 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."

SECTION 7. Section 29-19-8 NMSA 1978 (being Laws 2003, Chapter 255, Section 8) is amended to read:

"29-19-8. LIMITATION ON LICENSE--EXEMPTION.--

A. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a [licensee] person in possession of a valid concealed handgun license to carry a concealed handgun:

(1) into or on premises where to do so would be in violation of state or federal law;

[B. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun]

(2) on school premises, as provided in Section 30-7-2.1 NMSA 1978; or

[C. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun]

(3) on the premises of a preschool.

B. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a person in possession of an enhanced concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law; provided, however, that a person in possession of an enhanced concealed handgun license shall not be prohibited from carrying a concealed handgun on premises described in Paragraph (2) or (3) of Subsection A of this section."

SECTION 8. Section 29-19-9 NMSA 1978 (being Laws 2003, Chapter 255, Section 9) is amended to read:

"29-19-9. POSSESSION OF LICENSE.--A licensee shall have [his] the licensee's concealed handgun license or enhanced concealed handgun license in [his] the licensee's possession at all times while carrying a concealed handgun."

SECTION 9. Section 29-19-10 NMSA 1978 (being Laws 2003, Chapter 255, Section 10) is amended to read:

"29-19-10. VALIDITY OF LICENSE ON TRIBAL LAND.--A concealed handgun license [shall not be] or an enhanced concealed handgun license is not valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo."

SECTION 10. Section 29-19-11 NMSA 1978 (being Laws 2003, Chapter 255, Section 11) is amended to read:

"29-19-11. VALIDITY OF LICENSE IN A COURTHOUSE OR COURT FACILITY.--An enhanced concealed handgun license is valid in a courthouse or court facility. A concealed handgun license [shall not be] is not valid in a courthouse or court facility, unless authorized by the presiding judicial officer for that courthouse or court facility."

SECTION 11. Section 29-19-12 NMSA 1978 (being Laws 2003, Chapter 255, Section 12, as amended) is amended to read:

"29-19-12. RULES--DEPARTMENT TO ADMINISTER--RECIPROCAL AGREEMENTS WITH OTHER STATES.--The department shall promulgate rules necessary to implement the provisions of the Concealed Handgun Carry Act. The rules shall include:

A. grounds for the suspension and revocation of a concealed handgun [licenses] license or an enhanced concealed handgun license issued pursuant to the provisions of the Concealed Handgun Carry Act;

B. provision of authority for a law enforcement officer to confiscate a [concealed handgun] license when a licensee violates the provisions of the Concealed Handgun Carry Act;

C. provision of authority for a private property owner to disallow the carrying of a concealed handgun on the owner's property;

D. creation of a sequential numbering system for all concealed handgun licenses and enhanced concealed handgun licenses issued by the department and display of numbers on issued [concealed handgun] licenses; and

E. provision of discretionary state authority for the transfer, recognition or reciprocity of a concealed handgun license, an enhanced concealed handgun license or the equivalent of those licenses issued by another state if the issuing authority for the other state:

(1) includes provisions at least as stringent as or substantially similar to the Concealed Handgun Carry Act;

(2) issues a license or permit with an expiration date printed on the license or permit;

(3) [is available to verify] verifies the license or permit status for law enforcement purposes within three business days of a request for verification;

(4) has disqualification, suspension and revocation requirements for a [concealed handgun] license or permit; and

(5) requires that an applicant for a concealed handgun license, an enhanced concealed handgun license or the equivalent of those licenses or permit:

(a) submit to a national criminal history record check;

(b) not be prohibited from possessing firearms pursuant to federal or state law; and

(c) satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship."

SECTION 12. Section 29-19-14 NMSA 1978 (being Laws 2005, Chapter 242, Section 7, as amended) is amended to read:

"29-19-14. CURRENT AND RETIRED LAW ENFORCEMENT OFFICERS AND NEW MEXICO MOUNTED PATROL MEMBERS--APPLICATION REQUIREMENTS.--

A. An application fee, a renewal fee and a firearms training course are not required [for] to be submitted by an applicant or licensee who is a:

(1) [a] current [or retired] certified law enforcement officer pursuant to the Law Enforcement Training Act; [or]

(2) [a] retired certified law enforcement officer pursuant to the Law Enforcement Training Act, if:

(a) the retired officer was a certified law enforcement officer pursuant to the Law Enforcement Training Act for at least fifteen years prior to retirement;

(b) the retired officer has been retired for ten years or less; and

(c) the retired officer's retirement is in good standing as shown by a letter from the agency from which the officer retired; or

(3) current member of the New Mexico mounted patrol who has successfully completed a New Mexico law enforcement academy basic law enforcement training program for New Mexico mounted patrol members pursuant to Section 29-6-4.1 NMSA 1978.

B. A current or retired law enforcement officer or New Mexico mounted patrol member shall submit to the department with the officer's or member's application two full sets of fingerprints and a color photograph of the [law enforcement] officer or [New Mexico mounted patrol] member. The department shall conduct an appropriate check of available records and shall forward the applicant's fingerprints to the federal bureau of investigation for a national criminal background check.

[C. A retired law enforcement officer is not required to submit an application fee or a renewal fee if:

(1) the officer was a certified law enforcement officer pursuant to the Law Enforcement Training Act for at least fifteen years prior to retirement; and

(2) the retirement is in good standing as shown by a letter from the agency from which the officer retired.

D. A retired law enforcement officer who has been retired ten years or less is not required to complete a firearms training course.

E.] C. A retired law enforcement officer who has been retired for more than ten years shall be required to complete a firearms training course. The officer shall be allowed to attend any local law enforcement agency's firearms qualification course; provided that the officer supplies the officer's own ammunition, handgun, targets and range equipment. A local law enforcement agency shall not be liable under the Tort Claims Act for providing a firearms training course to a retired law enforcement officer pursuant to this subsection.

[F.] D. A retired law enforcement officer's concealed handgun license or enhanced concealed handgun license shall have printed on the license "retired police officer" and shall be valid for a period of five years."

SECTION 13. Section 29-19-15 NMSA 1978 (being Laws 2015, Chapter 157, Section 2) is amended to read:

"29-19-15. MILITARY SERVICE PERSONS--REQUIREMENTS.--

A. For a concealed handgun license or an enhanced concealed handgun license applicant or licensee who submits with a [concealed handgun] license application documentation satisfactory to the department that the applicant is a military service person as defined in Subsection E of this section, an application fee or renewal fee is not required. For a military service person discharged from military service within twenty years of the application for a license or renewal of a license, a firearms training course or refresher firearms training course is not required.

B. A military service person shall submit to the department two full sets of fingerprints and a color photograph of the military service person. The department shall conduct an appropriate check of available records and shall forward the fingerprints to the federal bureau of investigation for a national criminal background check.

C. A military service person's concealed handgun [carry] license or enhanced concealed handgun license shall have printed on the license "military service person" and shall be valid for a period of five years.

D. The department shall suspend or revoke a military service person's concealed handgun license or enhanced concealed handgun license if:

(1) the military service person provided the department with false information on the application form or renewal form;

(2) the military service person 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 military service person violated a provision of the Concealed Handgun Carry Act.

E. As used in this section, "military service person" means a person who was accepted into the United States armed forces and:

(1) is on active duty with the United States armed forces;

(2) is on reserve or guard duty with the United States armed forces; or

(3) is a veteran or a retiree who received an honorable discharge as indicated on a United States department of defense form 214."

SECTION 14. Section 30-7-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-2, as amended) is amended to read:

"30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to [him] the person as owner, lessee, tenant or licensee;

(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

(3) by a peace officer in accordance with the policies of [his] the peace officer's law enforcement agency who is certified pursuant to the Law Enforcement Training Act;

(4) by a peace officer in accordance with the policies of [his] the peace officer's law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) by a person in possession of a valid concealed handgun license or enhanced concealed handgun license issued to [him] the person by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act.

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor."

SECTION 15. Section 30-7-2.1 NMSA 1978 (being Laws 1987, Chapter 232, Section 1, as amended) is amended to read:

"30-7-2.1. UNLAWFUL CARRYING OF A DEADLY WEAPON ON SCHOOL PREMISES.--

A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

(1) a peace officer;

(2) school security personnel;

(3) a person in possession of a valid enhanced concealed handgun license issued to the person;

[(3)] (4) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state- authorized hunter safety training instruction;

[(4)] (5) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or

[(5)] (6) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

B. As used in this section, "school premises" means:

(1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or

(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.

C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."

SECTION 16. Section 30-7-2.4 NMSA 1978 (being Laws 2003, Chapter 253, Section 1) is amended to read:

"30-7-2.4. UNLAWFUL CARRYING OF A FIREARM ON UNIVERSITY

PREMISES--NOTICE--PENALTY.--

A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:

(1) a peace officer;

(2) university security personnel;

(3) a person in possession of a valid enhanced concealed handgun license issued to the person;

[(3)] (4) a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program; [(4)] (5) a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or

[(5)] (6) a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.

C. As used in this section:

(1) "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and

(2) "university premises" means:

(a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or

(b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.

D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor."

SECTION 17. 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 enhanced concealed handgun license for that handgun;

[(4)] (5) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license or enhanced concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act 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)] (6) 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)] (7) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or

[(7)] (8) 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 18. Section 30-7-13 NMSA 1978 (being Laws 1979, Chapter 376, Section 4) is amended to read:

"30-7-13. CARRYING WEAPONS PROHIBITED.--

A. It is unlawful for any person without prior approval from the company to board or attempt to board a bus while in possession of a firearm or other deadly weapon upon [his] the person's own person or effects and readily accessible to [him] the person while on the bus. Any person who violates the provisions of this subsection is guilty of a misdemeanor.

B. Subsection A of this section does not apply to duly elected or appointed law enforcement officers or commercial security personnel in the lawful discharge of their duties, or to a person in possession of an enhanced concealed handgun license issued to the person."

SECTION 19. Section 34-9-19 NMSA 1978 (being Laws 2016, Chapter 10, Section 2) is amended to read:

"34-9-19. REPORTING TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.--

A. In any circumstance other than that described in Subsection B of this section, the administrative office of the courts shall obtain and electronically transmit information from court proceedings relating to a person's eligibility to receive or possess a firearm or ammunition pursuant to state or federal law to the federal bureau of investigation's national instant criminal background check system. The administrative office of the courts shall also be responsible for notifying, as soon as practicable within ten days of receipt of the information, the federal bureau of investigation to update, correct, modify or remove information affecting a person's eligibility to receive or possess a firearm or ammunition pursuant to state or federal law in the national instant criminal background check system.

B. The administrative office of the courts shall electronically transmit information about a court order, judgment or verdict to the federal bureau of investigation for entry into the national instant criminal background check system regarding each person who has been adjudicated as a mental defective or committed to a mental institution and is therefore, pursuant to federal law, disabled from receiving or possessing a firearm or ammunition.

C. Upon entry of a court order, judgment or verdict referred to in Subsection B of this section, the administrative office of the courts shall transmit to the federal bureau of investigation only that information necessary to identify the person for the sole purpose of inclusion in the national instant criminal background check system. The administrative office of the courts, consistent with rules promulgated pursuant to Subsection L of this section, shall also notify the person that, as an adjudicated mental defective or as a person committed to a mental institution, the person is disabled pursuant to federal law from receiving or possessing a firearm or ammunition.

D. A person who has been adjudicated as a mental defective or committed to a mental institution and is therefore, pursuant to federal law, disabled from receiving or possessing a firearm or ammunition or, pursuant to state law, is ineligible for a concealed handgun license or an enhanced concealed handgun license may petition the court that originated the order, judgment or verdict or another court of competent jurisdiction to remove that person's firearm-related disabilities and restore the person's right to receive and possess a firearm and ammunition and the right to be eligible for a concealed handgun license or an enhanced concealed handgun license. A copy of the petition seeking relief from disabilities shall be served upon the office of the attorney general and upon all parties to the proceeding resulting in a court order, judgment or verdict described in Subsection B of this section.

E. The court shall conduct a hearing and receive and consider evidence on a petition for relief described in Subsection D of this section, including evidence offered by the petitioner, concerning:

(1) the circumstances regarding the firearm disabilities from which relief is sought;

(2) the petitioner's mental health and criminal history records, if any;

(3) the petitioner's reputation, developed, at a minimum, through character witness statements, testimony or other character evidence; and

(4) changes in the petitioner's condition or circumstances since the original court order, judgment or verdict that are relevant to the relief sought.

F. After conducting a hearing on the petition, the court shall grant the petition for relief from the disability reported pursuant to Subsection B of this section if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that granting the relief will not be contrary to the public interest.

G. A record shall be kept of the proceedings held pursuant to Subsection E of this section. The decision of the court may be appealed.

H. Regardless of whether an earlier decision has been appealed, a person may petition for relief pursuant to Subsection D of this section not more than once every two years and, in the case of a person who was committed to a mental institution, not before the person has been discharged from that commitment.

I. Upon the entry of a court order granting relief from disabilities pursuant to Subsection F of this section, and as soon as practicable within ten days of receipt of the court order granting relief, the administrative office of the courts and any other state agency as applicable shall each be separately responsible for updating, correcting, modifying or removing the petitioner's record from their own databases that they make available to the national instant criminal background check system and each shall promptly notify the United States attorney general for the purpose of reporting to the national instant criminal background check system that the basis for the petitioner being disabled pursuant to federal law from receiving or possessing a firearm or ammunition no longer applies.

J. The administrative office of the courts is prohibited from disclosing information regarding a court order, judgment or verdict referred to in Subsection B of this section or regarding a petitioner or proceedings under this section, except as otherwise provided by law. Information compiled and transmitted under this section is not a public record and is not subject to disclosure pursuant to the Inspection of Public Records Act.

K. A person who is the subject of information compiled or transmitted by the administrative office of the courts pursuant to this section, or the person's authorized representative, has a right to obtain, inspect and correct information compiled or transmitted.

L. The administrative office of the courts shall

promulgate rules relating to the inspection and correction of

information contained in its records and relating to the transmission of corrected information by the office for inclusion in the national instant criminal background check system database and other rules as necessary to implement the provisions of this section.

M. As used in this section, the terms "adjudicated as a mental defective" and "committed to a mental institution" have the same meaning as those terms are defined in federal regulations at 27 C.F.R. Section 478.11, as amended or renumbered."

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