SENATE BILL 283

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

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO CONCEALED HANDGUN CARRY LICENSEES; PROVIDING EXCEPTIONS TO REQUIREMENTS OF THE CONCEALED HANDGUN CARRY ACT FOR RESERVE LAW ENFORCEMENT OFFICERS.

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. "reserve law enforcement officer" means a volunteer or a temporary or part-time employee of a state or local law enforcement agency who is accepted by that agency as a reserve law enforcement officer after receiving a background check and completing a basic law enforcement training program certified by the director of the New Mexico law enforcement academy."

     SECTION 2. 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, RESERVE LAW ENFORCEMENT OFFICERS AND NEW MEXICO MOUNTED PATROL MEMBERS.--

          A. [An] Except as provided in Subsections C, D and E of this section for retired law enforcement officers, an application fee, a renewal fee and a firearms training course are not required for an applicant or licensee who is:

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

                (2) a 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; or

                (3) a current reserve law enforcement officer who provides to the department a certification from a law enforcement agency that the officer is a volunteer with or employee of that agency.

          B. A law enforcement officer, reserve law enforcement officer or New Mexico mounted patrol member shall submit to the department two full sets of fingerprints and a color photograph of the law enforcement officer, reserve law enforcement officer or New Mexico mounted patrol member. 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 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. 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. A retired law enforcement officer's concealed handgun license shall have printed on the license "retired police officer" and shall be valid for a period of five years."

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