SB 224 — CRIME OF FAILURE TO SECURE FIREARM

SENATE BILL 224 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Antoinette Sedillo Lopez 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby GUNa SAFETY;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

CREATINGThe THEdocument CRIMEis OFa FAILUREtool TOto SECUREshow Aamendments FIREARM;in context and cannot be used for the purpose of adding amendments to legislation.

h AN ACT g o RELATING TO GUN SAFETY;

CREATING THE CRIME OF FAILURE TO SECURE t hr g e i k A FIREARM;

14h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e u g e b l e e h SECTION 1.

A new section of the Criminal Code is enacted n d d i = = o h to read:

el t] 17b ,d i a º e "[NEW MATERIAL]MATERIAL ] FAILURE TO SECURE A FIREARM--PENALTY.-- wr li n= r t e w d 18m a n o A.

It is an offense for a firearm owner or =d = 19 a l authorized user to store or keep a firearm in any premises i a e r 20 unless the firearm is secured in a locked container or secured a t m m: 21 by a gun lock or other means so as to render the firearm d r e 22 inaccessible or unusable to any person other than the owner or c e s k 23 other authorized user.

b e d s º o t n = .218943.3AIC February 25, 2021 (9:17am) s k m e e a n be 24d B.r e l u [ A d authorized user to store or keep a firearm in any premises unless the firearm is secured in a locked container or secured by a gun lock or other means so as to render the firearm inaccessible or unusable to any person other than the owner or other authorized user.

IfB. a firearm owner or authorized user knows or u [ reasonably should have known that a minor, an at-risk person or .218943.3 a prohibited person could gain access to a firearm belonging to or under the control of that owner or authorized person, and if a minor, an at-risk person or a prohibited person obtained access to that firearm, it is an offense if the firearm owner or authorized user failed to secure the firearm in a locked container or by a lock or other means so as to render such firearm inaccessible or unusable to any person other than the firearm owner or other authorized user.

If a firearm owner or authorized user knows or reasonably should have known that a minor, an at-risk person or a prohibited person could gain access to a firearm belonging to or under the control of that owner or authorized person, and if a minor, an at-risk person or a prohibited person obtained access to that firearm, it is an offense if the firearm owner or authorized user failed to secure the firearm in a locked container or by a lock or other means so as to render such firearm inaccessible or unusable to any person other than the firearm owner or other authorized user.

For the purposes of Subsections A and B of this h section, a firearm shall be deemed lawfully stored or lawfully u » r kept if carried by or under the direct control of the owner or t h g e l i other authorized user.

h r i s D.

A person who violates Subsection A of this h , e h section is guilty of a petty misdemeanor punishable by a fine t u g e b l e e , gh not to exceed five hundred dollars ($500).

n d d i = = o h E.

A person who violates Subsection B of this el t] 17b ,d i a º r section is guilty of a misdemeanor punishable by a fine not to we lr n d 18 exceed one thousand dollars ($1,000) unless the violation = =t 19 a l results in a minor, an at-risk person or a prohibited person i a e rw 20d obtainingm the firearm and using the firearm to commit a crimen ao texceed mone mthousand 21dollars or($1,000) tounless injure that person or others, in which case the personviolation is d rm e: 22 guilty of a misdemeanor punishable pursuant to Subsection A of c e s k 23 Section 31-19-1 NMSA 1978.

b r e t º o t n = .218943.3AIC February 25, 2021 (9:17am) s k m e - 2 - e a n be 24d F.r e l u [ A d results in a minor, an at-risk person or a prohibited person obtaining the firearm and using the firearm to commit a crime or to injure that person or others, in which case the person is guilty of a misdemeanor punishable pursuant to Subsection A of Section 31-19-1 NMSA 1978.

ASHPACº minorF. may be an authorized user only if the u [ minor is at least twelve years of age and has successfully .218943.3 - 2 - completed a firearm safety training course.

G.A minor may be an authorized user only if the minor is at least twelve years of age and has successfully completed a firearm safety training course.»SHPAC SHPACºG.»SHPAC SHPACºF.»SHPAC As used in this section:

As used in this section:

(2) "authorized user" means an individual who h has been specifically granted permission to have access to the u » r firearm;

t h g e l i (3) "direct control" means a firearm within an h r i s arm's length of the firearm's owner or other authorized person;

h , e h (4) "firearm" means any weapon that will or is t u g e b l e e , gh designed to or may readily be converted to expel a projectile n d d i = = o h by the action of an explosion, or the frame or receiver of any l ] b ,d i a º r such weapon;

e tr 17= (5)t "lockede container" means any storage w l n d 18m devicea approvedn oro meeting(5) specifications"locked establishedcontainer" bymeans theany =storage =d 19m a: l department of public safety;

ib ar e rt 20º (6)o "minor"t meansn a= person.218943.3AIC underFebruary the25, age2021 of(9:17am) as tk m me 21- eighteen3 who- ise nota authorizedn toe possessd ar firearm;e l u [ A d device approved or meeting specifications established by the department of public safety;

and(6) d"minor" r e 22 (7) "prohibited person" means a person whounder c e s k 23 comes within the prohibitionsage setof fortheighteen inwho Subsectionis gnot ofauthorized 18to epossess a nfirearm; b 24 U.S.C.

Sectionand 922(7) or"prohibited whoperson" ismeans prohibiteda byperson statewho lawcomes fromwithin uthe [prohibitions possessingset aforth firearm."in .218943.3Subsection -g 3of -18 U.S.C.

Section 922 or who is prohibited by state law from possessing a firearm." - 4 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .218943.3AIC February 25, 2021 (9:17am) s k m e e a n e d r e l u [ A d