0001|                            HOUSE BILL 296
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                             LISA L. LUTZ
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     AMENDING SECTION 30-7-2 NMSA 1978 (BEING LAWS 1963, CHAPTER
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0012|     303, SECTION 7-2, AS AMENDED) TO CHANGE THE DEFINITION OF THE
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0013|     CRIME OF UNLAWFUL CARRYING OF A DEADLY WEAPON.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 30-7-2 NMSA 1978 (being Laws 1963,
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0017|     Chapter 303, Section 7-2, as amended) is amended to read:
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0018|          "30-7-2.  UNLAWFUL CARRYING OF A DEADLY WEAPON.--
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0019|               A.  Unlawful carrying of a deadly weapon consists
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0020|     of carrying a concealed loaded firearm or any other type of
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0021|     deadly weapon <u>with the intent to use the weapon to commit a
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<u></u>0022| <u>    crime</u> anywhere, except in the following cases:
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0023|                    (1)  in the person's residence or on real
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0024|     property belonging to him as owner, lessee, tenant or
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0025|     licensee;
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<center>- 1 -</center>

0001|                    (2)  in a private automobile or other private
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0002|     means of conveyance, for lawful protection of the person's or
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0003|     another's person or property; 
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0004|                    (3)  by a peace officer in accordance with the
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0005|     policies of his law enforcement agency who is certified
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0006|     pursuant to the Law Enforcement Training Act; or
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0007|                    (4)  by a peace officer in accordance with the
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0008|     policies of his law enforcement agency who is employed on a
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0009|     temporary basis by that agency and who has successfully
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0010|     completed a course of firearms instruction prescribed by the
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0011|     New Mexico law enforcement academy or provided by a certified
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0012|     firearms instructor who is employed on a permanent basis by a
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0013|     law enforcement agency.
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0014|               <u>B.  The element of intent required pursuant to
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<u></u>0015| <u>    Subsection A of this section shall not be presumed or inferred
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<u></u>0016| <u>    from the existence of possession of the weapon.</u>
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0017|               <s>[B.]</s> <u>C.</u>  Nothing in this section shall be
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0018|     construed to prevent the carrying of any unloaded firearm.
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0019|               <s>[C.]</s> <u>D.</u>  Whoever commits unlawful carrying of a
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0020|     deadly weapon is guilty of a petty misdemeanor."
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0021|                                  
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