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

RELATING TO DEADLY WEAPONS; PERMITTING ACTIVE OR RETIRED STATE AND FEDERAL JUDGES TO CARRY CONCEALED DEADLY WEAPONS AFTER SUCCESSFULLY COMPLETING A FIREARMS INSTRUCTION COURSE.

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

Section 1. Section 30-7-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-2, as amended) is amended to read:

"30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;

(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act; [or]

(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) by either an active or retired state or federal judge who has successfully completed a course of firearms instruction for judges provided by the New Mexico law enforcement academy, the national law enforcement training center or a certified firearms instructor teaching a course prescribed by the New Mexico law enforcement academy or the national law enforcement training center. The administrative office of the courts shall maintain records and issue appropriate identification to judges who have completed the prescribed training.

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor."