44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE AND THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

RELATING TO FIREARMS; ENACTING THE CHILDREN AND FIREARMS SAFETY ACT; REQUIRING FIREARMS DEALERS TO ATTACH SAFETY LOCKS TO FIREARMS THAT ARE CONVEYED TO ANOTHER PERSON; ESTABLISHING A DUTY TO SAFEGUARD FIREARMS FROM POSSESSION BY CHILDREN; PRESCRIBING CRIMINAL PENALTIES.

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

Section 1. SHORT TITLE.--This act may be cited as the "Children and Firearms Safety Act".

Section 2. DEFINITIONS.--As used in the Children and Firearms Safety Act:

A. "child" means a person who is less than eighteen years of age;

B. "firearm" means a handgun, rifle, shotgun or any other weapon that is designed to expel a projectile by action of an explosion;

C. "firearms dealer" means a person who is a licensed dealer of firearms, as provided in 18 USCA Sections 921 and 923; and

D. "safeguard" means securing a firearm with a safety lock or keeping a firearm in a locked box or container.

Section 3. CONVEYANCE OF FIREARMS BY FIREARMS DEALERS--SAFETY LOCKS REQUIRED--DOCUMENTS REQUIRED--PENALTY--EXCEPTION.--

A. A firearms dealer who sells, gives, lends or transfers ownership of a firearm to another person shall also provide that person with a safety lock for the firearm. The firearms dealer shall attach the safety lock to the firearm before he transfers possession of the firearm and it shall remain attached while the firearm is on the business premises of the firearms dealer.

B. If a safety lock cannot be attached to a firearm because the firearm lacks a trigger guard, a firearms dealer shall place the firearm in a locked box or locked container before he transfers possession of the firearm and it shall remain in the locked box or locked container while the firearm is on the business premises of the firearms dealer.

C. A firearms dealer who sells, gives, lends or transfers ownership of a firearm to another person shall provide that person with a written form that advises the person of safe storage practices for firearms.

D. A firearms dealer who sells, gives, lends or transfers ownership of a firearm to another person shall provide the person with a written form, to be signed by the person and returned to the firearms dealer, which acknowledges that the firearms dealer provided the person with:

(1) a safety lock, a locked box or a locked container for the firearm; and

(2) a written form that advises the person of safe storage practices for firearms.

E. A firearms dealer who fails to comply with the provisions of Subsection A, B, C or D of this subsection is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

F. The requirements set forth in this section do not apply to a firearms dealer who sells, gives, lends or transfers ownership of a firearm that is a curio or relic to another person.

G. A firearms dealer who complies with the provisions of Subsections A, B, C and D of this section:

(1) is not responsible to another person with regard to the safety or appropriate use of a safety lock, a locked box or a locked container; and

(2) is not liable to another person in a civil action, when the action is based upon the firearms dealer supplying the other person with a safety lock, a locked box or a locked container.

H. The provisions of Subsection A or B of this section shall not be interpreted to prevent a firearms dealer from charging a customer for the expense of supplying a safety lock, a locked box or a locked container.

Section 4. DUTY TO SAFEGUARD FIREARMS FROM POSSESSION BY

A CHILD--PENALTY--EXCEPTION.--

A. A person who owns, possesses or stores a firearm, and who knows or reasonably should know that a child is likely to gain access to the firearm without the lawful permission of the child's parent or guardian or a person in charge of the child, shall safeguard the firearm.

B. It is unlawful for a person to fail to safeguard a firearm when, as a direct result thereof, a child gains possession of the firearm and exhibits the firearm in a public place. A person who commits the offense of failing to safeguard a firearm, as provided in this subsection, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

C. It is unlawful for a person to fail to safeguard a firearm when, as a direct result thereof, a child gains possession of the firearm and uses the firearm to cause an injury to another person. A person who commits the offense of failing to safeguard a firearm, as provided in this subsection, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

D. It is unlawful for a person to fail to safeguard a firearm when, as a direct result thereof, a child gains possession of the firearm and uses the firearm to cause the death of another person. A person who commits the offense of failing to safeguard a firearm, as provided in this subsection, is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

E. The penalties for failure to safeguard a firearm are not applicable if a child gains possession of a firearm as the direct result of an unlawful entry by any other person.

Section 5. RULES.--The department of public safety, after consultation with the department of health, shall adopt rules regarding:

A. an approved design for safety locks to be used by a firearms dealer;

B. a written form provided by a firearms dealer that advises a person of safe storage practices for firearms; and

C. a written form that a person shall sign and return to a firearms dealer that acknowledges that the firearms dealer provided the person with:

(1) a safety lock, a locked box or a locked container for the firearm; and

(2) a written form that advises the person of safe storage practices for firearms.

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.