HB 9 — UNLAWFUL ACCESS TO FIREARM BY MINOR

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 9 55TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED4 BY6 Pamelya8 Herndon10 andAN DanielACT A.RELATING TO CRIME;

Ivey-SotoCREATING andTHE AntoinetteCRIMES SedilloOF LopezRECKLESSLY andMAKING DebraA M.FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH AND RECKLESSLY MAKING A FIREARM ACCESSIBLE TO A MINOR;

SariñanaPROVIDING andPENALTIES. Patricia Roybal Caballero 8 10 AN ACT RELATING TO CRIME;

CREATING16 THEBE CRIMEIT OFENACTED UNLAWFULBY ACCESSTHE TOLEGISLATURE AOF FIREARMTHE BYSTATE AOF MINOR;NEW MEXICO:

IMPOSINGe PENALTIES.t 17 SECTION 1.

14A BEnew ITsection ENACTEDof BYthe THECriminal LEGISLATURECode OFis THEenacted STATEw OFl NEWn MEXICO:d 18 to read:

SECTION= 1.= 19 a l "[NEW MATERIAL] RECKLESSLY MAKING A FIREARM ACCESSIBLE TO i a e r 20 A MINOR RESULTING IN GREAT BODILY HARM OR DEATH--RECKLESSLY a t m m 21 MAKING A FIREARM ACCESSIBLE TO A MINOR--PENALTIES.-- d r e 22 A.

A newperson sectioncommits the crime of therecklessly Criminalmaking Codec ise enacteds k 23 a firearm accessible to read:a minor resulting in great bodily harm e a n b 24 or death if:

eu t[ 17(1) "[NEWthe MATERIAL]person UNLAWFULkeeps ACCESSor TOstores Aany FIREARMfirearm BYin A.222351.7 MINOR--HJC/HB w9 la nmanner dthat 18is PENALTIES.--in =reckless =disregard 19of a lminor's A.ability to access the firearm;

Itand is(2) unlawful for a personminor whoobtains keepsaccess orto storesthe i a e r 20 a firearm toand douses soit in sucha manner that thecauses firearmgreat isbodily accessedharm ato tor mdeath m 21 by a minor without the authorization of the minor'sminor parent or danother rperson. e 22 guardian or when used in the commission of a crime.

cWhoever ecommits srecklessly kmaking 23a B.firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.

WhenB. a firearm is accessed by a minor without e a n b 24 the authorization of the minor's parent or guardian, the person u [ who keeps or stores the firearm is subject to a penalty .221308.10 assessment of one thousand dollars ($1,000);

providedA thatperson withcommits regard to a residence, the personcrime hadof norecklessly reasonablemaking expectation based on objective facts and circumstances that a childfirearm wasaccessible likely to bea presentminor whereif: the firearm is kept or stored.

C.(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;

Whenand (2) a firearmminor isobtains accessedaccess byto athe minorfirearm and usedbrandishes, indisplays or shows the commissionfirearm ofin a crime,threatening themanner personor whocauses keepsinjury orto stores the firearmminor commitsor unlawfulto accessanother toperson anot firearme byt a17 minorresulting andin isgreat guiltybodily ofharm aor misdemeanor.death.

w l n d 18 Whoever commits recklessly making a firearm accessible to = = 19 a minor is guilty of a misdemeanor.

a l i a e r 20 C.

The provisions of Subsections A and B of this a t m m 21 section do not apply if:

d r e 22 (1) a minor obtains the firearm as a result of c e s k 23 an illegal entry to the premises;

e a n b 24 (2) the firearm is kept in a locked container u [ and is securely stored or in a location that a reasonable .222351.7 - 2 - HJC/HB 9 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.

TheEvidence penaltythat assessmenta mayperson beattended enforceda byfirearm citationsafety writtene byt a17 peacetraining officercourse orprior byto aan parentalleged or guardianproven violation of athis minorw asl an civild fine18 filedsection shall be admissible in theany magistrateaction, proceeding, trial or metropolitan= court.= 19 sentencing commenced pursuant to this section.

The court shall credit against the penalty assessment or civil fine the cost of a devicel toi securely store a firearme purchasedr by20 theE. person who keeps or stores the firearm.

E.Nothing in this section shall be construed to a t m m 21 preclude any claim or claims pursuant to any other section of d r e 22 law or any civil action for damages.

Whenc a firearm is accessed by a minor and used e ts 17k in23 theF. commission of a crime resulting in great bodily harm or w l n d 18 death, nothing in this section shall be construed to prohibit = = 19 a l the concurrent prosecution of the person who keeps or stores i a e r 20 the firearm for contributing to the delinquency of a minor, a t m m 21 involuntary manslaughter or any other appropriate charge.

d r e 22 F.

c e sa kn 23b 24 (1) "firearm" means a weapon that expelswill or is eu a[ n b 24 designed to or may readily be converted to expel a projectile u.222351.7 [- 3 - HJC/HB 9 by the action of an explosion or the frame of any such weapon;

.221308.10(2) -"firearm 2safety -device" (2)means "minor"a meansdevice another unemancipatedthan persona undergun eighteensafe yearsthat 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 age;the firearm or prevent access to the firearm;

and (3) "person"minor" whomeans keepsan orunemancipated storesperson theunder firearm"eighteen meansyears theof ownerage." of- the4 firearm- or11 the13 person15 whoe possessest the17 firearmw orl isn responsibled for18 storing= the= firearm19 ifa thel owneri doesa note possessr the20 firearm;a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .222351.7

provided that the minor did not access the firearm as a result of a burglary committed by the minor;

and (4) "securely store" means to keep in a safe, lock box, cabinet with a gun lock or container that uses a fingerprint sensor or other device, or a mechanism that restricts usage of or a container that restricts access to the firearm." - 3 - 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .221308.10