HOUSE BILL 130

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Linda M. Trujillo

AN ACT

RELATING TO FIREARMS; CREATING CRIMINAL PENALTIES AND CIVIL LIABILITY FOR NEGLIGENT STORAGE OF A FIREARM WHEN THE OWNER OF THE FIREARM REASONABLY KNEW OR SHOULD HAVE KNOWN THAT A MINOR WOULD HAVE ACCESS TO THE FIREARM OR WHEN AN INJURY OR DEATH RESULTED FROM A MINOR OBTAINING ACCESS TO A FIREARM; IMPOSING CIVIL LIABILITY.

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

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] NEGLIGENT STORAGE OF A FIREARM--MINORS.--

          A. Negligent storage of an unloaded firearm consists of the owner of a firearm keeping an unloaded firearm within any premises that are under the owner's custody or control and storing or leaving the unloaded firearm in a location where the owner knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor's parent or legal guardian, unless the owner takes reasonable action to secure the firearm against access by a minor.

          B. Whoever commits negligent storage of an unloaded firearm pursuant to Subsection A of this section is guilty of a petty misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, is subject to a fine of two hundred fifty dollars ($250).

          C. Negligent storage of a loaded firearm consists of the owner of a firearm keeping a loaded firearm within any premises that are under the owner's custody or control and storing or leaving a loaded firearm in a location where the owner knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor's parent or legal guardian, unless the owner takes reasonable action to secure the firearm against access by a minor.

          D. Whoever commits negligent storage of a loaded firearm pursuant to Subsection C of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

          E. Negligent storage of a firearm leading to threatening behavior consists of the owner of a firearm keeping a firearm, whether loaded or unloaded, within any premises that are under the owner's custody or control and storing or leaving the firearm and failing to secure it in a location where a minor gains access to the firearm and then possesses it in a public place or exhibits it in a threatening manner toward another person.

          F. Whoever commits negligent storage of a firearm leading to threatening behavior pursuant to Subsection E of this section is guilty of a misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, the court shall sentence the person to be imprisoned in the county jail for a definite term not to exceed nine months or to the payment of a fine of not more than seven hundred fifty dollars ($750) or to both such imprisonment and fine in the discretion of the judge.

          G. Negligent storage of a firearm leading to death or injury consists of the owner of a firearm keeping a loaded firearm within any premises that are under the owner's custody or control and storing or leaving the firearm and failing to secure it in a location where a minor gains access to the firearm and then uses the firearm and causes death or injury to the minor or to another person.

          H. Whoever commits negligent storage of a firearm leading to death or injury pursuant to Subsection G of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          I. A person is not guilty of negligent storage of an unloaded firearm, negligent storage of a loaded firearm, negligent storage of a firearm leading to threatening behavior or negligent storage of a firearm leading to death or injury if:

                (1) the minor was supervised by a person older than eighteen years old and use of the firearm was for hunting, sporting or other lawful purposes;

                (2) the minor was engaged in the lawful defense of people or property; or

                (3) the property where the firearm was stored was entered unlawfully by the minor.

          J. A person who violates a provision of this section shall be subject to civil liability to any person injured by the violation for damages, attorney fees and costs of the action as determined by the court.

          K. As used in this section:

                (1) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion. "Firearm" includes any handgun, rifle or shotgun;

                (2) "loaded firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber;

                (3) "minor" means a person under the age of eighteen; and

                (4) "secure" means to take steps that a reasonable person would take to prevent access to a firearm by a minor, including placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means."

- 5 -