SB 261 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

2/7/26SENATE ProposedJUDICIARY ______ COMMITTEE SUBSTITUTE FOR SENATE BILLRULES 261COMMITTEE 57SUBSTITUTE THFOR LEGISLATURE-SENATE STATEBILL OF261 NEW57TH MEXICOLEGISLATURE --STATEOFNEWMEXICO- SECOND SESSION , 2026 4 6 DISCUSSION DRAFT 8 10 AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;

UNLAWFUL POSSESSION OF A FIREARM AT A POLLING = = 19 PLACE.-- a l PLACE.-- i a e r 20 A.

c e s k 23 (1) one hundred feet of the door through which e a n b 24 voters may enter to vote at a school building in which a u [ polling place is located while early voting is in progress or .233796.1.234067.1 ______SJC/SRC/SB /SB 261 on election day;

The provisions of Subsection A of this section do not apply toto: [(1) a certified law enforcement officer in performance of the officer's official duties;

(2)[(1) a certified law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in eperformance e 17 accordance with the policies of the officer's lawofficial enforcementduties; e e n d 18 agency;

=(2) =a llaw ]enforcement 19officer (3)who ais commissionedcertified lawpursuant enforcementto officerthe aLaw lEnforcement rTraining iAct 20acting within thee powert to17 arrestaccordance inwith performancethe policies of the officer's tlaw eenforcement aw tl officialn duties;d 18 agency;

m= m= 2119 e(3) d (4) a commissioned law enforcement officer ra el 22i ca e r c20 23 with the power to arrest acting in accordanceperformance withof the policiesofficer's e a nt bm 24m of21 theofficial officer'sduties; law enforcement agency;

ud [r (5)]e 22 (4) a personcommissioned inlaw aenforcement privateofficer automobilec ore others .233796.1k -23 2with -the ______power /SBto 261arrest privateacting meansin accordance with the policies e a n b 24 of conveyance.the officer's law enforcement agency;

[oru (6)[ (5)] (1) a personlaw carryingenforcement aofficer concealedwhen firearmthe who.234067.1 - 2 - SJC/SRC/SB 261 law enforcement officer's presence is inrequested possessionby ofthe presiding judge, an election judge, a validcounty concealedclerk handgunor licensethe forsecretary thatof firearmstate pursuantto assist in maintaining order and orderly control of access or to therespond Concealedto Handguna Carrydisaster Act.or an emergency event;

(2) a person in a private automobile or other private means of conveyance;

or [(6) 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.

A person conducting lawful, non-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.] (3) a commissioned law enforcement officer e t 17 whose office is located in the same facility as the polling w l n d 18 place.

D.]= = 19 [D.] C.

A person who commits unlawful possession of a l i a e r 20 a firearm at a polling place is guilty of a petty misdemeanor a t m m 21 and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.1978, d r e 22 in addition to any other penalty provided by law.

c e s k 23 [E.] D.

For the purposes of this section, "firearm" e a n b 24 means a weapon that will or is designed to or may readily be u [ converted to expel a projectile by the action of an explosion, .234067.1 - 3 - SJC/SRC/SB 261 or the frame or receiver of any such weapon." e- e4 17 - 34 -6 e8 10 12 14 16 e t 17 w l n d 18 = = l ] 19 a l r i 20a t e r 20 a t m m 21 e d r e 22 c e rs ck 23 e a n b 24 u [ .233796.1.234067.1