HOUSE BILL 9
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Pamelya Herndon and Mimi Stewart and Patricia Roybal Caballero and Antoinette Sedillo Lopez and Joanne J. Ferrary
 
 
 
AN ACT
RELATING TO CRIME; CREATING THE CRIMES OF NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR AND NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH; PROVIDING PENALTIES; PROVIDING EXCEPTIONS.
 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
     SECTION 1. A new section of the Criminal Code is enacted to read:
     "[NEW MATERIAL] NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR--NEGLIGENTLY MAKING A FIREARM ACCESSIBLE TO A MINOR RESULTING IN GREAT BODILY HARM OR DEATH--PENALTIES.--
          A. A person commits the crime of negligently making a firearm accessible to a minor if:
                (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and
                (2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.
     Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.
          B. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:
                (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and
                (2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.
     Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.
          C. A person does not violate Subsection A or B of this section if a minor obtains a firearm:
                (1) that was kept in a locked container and was either securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;
                (2) that was carried on the person or within close proximity of the person;
                (3) that was locked with a firearm safety device that rendered the firearm inoperable;
                (4) in the course of self-defense or defense of another person; or
                (5) by illegal entry to the person's property.
          D. Evidence that a person attended a firearm safety training course prior to an alleged or proven violation of this section shall be considered a mitigating factor in any action, proceeding, trial or sentencing commenced pursuant to this section.
          E. Nothing in this section shall be construed to preclude a claim pursuant to any other section of law or any civil action for damages.
          F. As used in this section:
                (1) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame of any such weapon;
                (2) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm 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 the firearm or prevent access to the firearm; and
                (3) "minor" means an unemancipated person under eighteen years of age."
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