SB 5 — FIREARMS NEAR POLLING PLACES

SENATEAN JUDICIARYACT COMMITTEERELATING SUBSTITUTETO FORELECTIONS; SENATE BILL 5 56TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2024 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ThePROHIBITING documentTHE isPOSSESSION aOF toolA toFIREARM showWITHIN amendmentsCERTAIN inDISTANCES contextOF andA cannotPOLLING bePLACE usedDURING forAN theELECTION; purpose of adding amendments to legislation.

hPROVIDING ANEXCEPTIONS; ACT g o RELATING TO ELECTIONS;

PROHIBITING THE POSSESSION OF A FIREARM t hr g e i k WITHIN CERTAIN DISTANCES OF A POLLING PLACE DURING AN ELECTION;

h r i s PROVIDING EXCEPTIONS;

h6 , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

A new section of Chapter 1, Article 20 NMSA l ] b ,d i a º e 1978 is enacted to read:

r"UNLAWFUL i = r t e w d m a n o "[NEW MATERIAL ] UNLAWFUL POSSESSION OF A FIREARM AT A dPOLLING mPLACE.-- :A.

b e d s º o t n = .227741.1AIC February 14, 2024 (11:08am) s k m e e a n e d r e l u [ A d SJC/SB 5 POLLING PLACE.-- A.

(1) one hundred feet of the door through which voters may enter to vote at a school building in which a polling place is located while early voting is in progress Sfl1ºor and»Sfl1 Sfl1ºor»Sfl1 on election day;

(2) one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place while early voting is in progress Sfl1ºor and»Sfl1 Sfl1ºor»Sfl1 on election day that is not a school;

or (3) fifty feet of a monitored secured container as used in Subsection E of Section 1-6-9 NMSA 1978, h beginning twenty-eight days before an election through electionSJC/SB g5 oelection day.

tPage hr1 g e i k B.

The provisions of Subsection A of this section h r i s do not apply to:

h , t, (1) a certified law enforcement officer in e u g e b l e e h performance of the officer's official duties;

n d d i = = o h (2) a law enforcement officer who is certified l ] b ,d i a º e pursuant to the Law Enforcement Training Act acting in r i = r t e w d m a n o accordance with the policies of the officer's law enforcement dagency; m :

b(3) ea dperson sin º o t n = .227741.1AIC February 14, 2024 (11:08am) s k m e - 2 - e a nprivate eautomobile dor rother eprivate lmeans uof [conveyance; A d SJC/SB 5 agency;

Hfl2ºor»Hfl2or (3)(4) a person incarrying a privateconcealed automobilefirearm orwho otheris privatein meanspossession of conveyancea Hfl2º.»Hfl2valid Hfl2º;concealed handgun license for that firearm pursuant to the Concealed Handgun Carry Act.

or»Hfl2 Hfl2º (4) a person carrying a concealed firearm who is in possession of a valid concealed handgun license for that firearm pursuant to the Concealed Handgun Carry Act.»Hfl2 C.

A person conducting lawful, non-election-relatednon-election- related business nearer than one hundred feet from the door through which voters may enter to vote or nearer than fifty feet from a monitored secured container is not guilty of unlawful possession of a firearm at a polling place.

For the purposes of this section, "firearm" h u means a weapon that will or is designed to or may readily be » r t h converted to expel a projectile by the action of an explosion, g e l i or the frame or receiver of any such weapon." hSJC/SB r5 iPage s2 h , - 3 - e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .227741.1AIC February 14, 2024 (11:08am) s k m e e a n e d r e l u [ A d