HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 9

55th legislature - STATE OF NEW MEXICO - second session, 2022

 

 

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIMES OF RECKLESSLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH AND RECKLESSLY MAKING A FIREARM ACCESSIBLE TO A MINOR; PROVIDING PENALTIES.

 

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] RECKLESSLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH--RECKLESSLY MAKING A FIREARM ACCESSIBLE TO A MINOR--PENALTIES.--

          A. A person commits the crime of recklessly making a firearm accessible to a minor resulting in great bodily harm or death if:

                (1) the person keeps or stores any firearm in a manner that is in reckless disregard of a minor's ability to access the firearm; and

                (2) a minor obtains access to the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.

     Whoever commits recklessly making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.

          B. A person commits the crime of recklessly making a firearm accessible to a minor if:

                (1) the person keeps or stores any firearm in a manner that is in reckless disregard of a minor's ability to access the firearm; and

                (2) a minor obtains access to the firearm and brandishes, displays or shows the firearm in a threatening manner or causes injury to the minor or to another person not resulting in great bodily harm or death.

     Whoever commits recklessly making a firearm accessible to a minor is guilty of a misdemeanor.

          C. The provisions of Subsections A and B of this section do not apply if:

                (1) a minor obtains the firearm as a result of an illegal entry to the premises;

                (2) the firearm is kept in a locked container and is securely stored or in a location that a reasonable person would believe to be secure when obtained by a minor;

                (3) the firearm is carried on the person or within close proximity of the person so that the person can readily retrieve and use the firearm as if carried on the person;

                (4) the firearm is locked with a firearm safety device that has rendered the firearm inoperable when obtained by a minor;

                (5) the person is a peace officer or member of the armed forces of the United States or the national guard, and a minor obtains the firearm during the performance of the person's duties; or

                (6) a minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.

          D. Evidence that a person attended a firearm safety training course prior to an alleged or proven violation of this section shall be admissible in any action, proceeding, trial or sentencing commenced pursuant to this section.

          E. Nothing in this section shall be construed to preclude any claim or claims pursuant to any other section of law or any civil action for damages.

          F. As used in this section:

                (1) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame of any such weapon;

                (2) "firearm safety device" means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and

                (3) "minor" means an unemancipated person under eighteen years of age."

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