NM
New Mexico House Bill HB101

New Mexico 2025 Regular Session

New Mexico House Bill HB101 Compare Versions

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1-HB 101
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28+HOUSE BILL 101
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Andrea Reeb
2848 AN ACT
2949 RELATING TO FIREARMS; MAKING AN EXEMPTION TO UNLAWFUL
30-POSSESSION OF A FIREARM AT A POLLING PLACE FOR COMMISSIONED
31-LAW ENFORCEMENT OFFICERS.
50+POSSESSION OF A FIREARM AT A POLLING PLACE FOR COMMISSIONED LAW
51+ENFORCEMENT OFFICERS.
3252 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3353 SECTION 1. Section 1-20-24 NMSA 1978 (being Laws 2024,
3454 Chapter 50, Section 1) is amended to read:
3555 "1-20-24. UNLAWFUL POSSESSION OF A FIREARM AT A POLLING
3656 PLACE.--
3757 A. Unlawful possession of a firearm at a polling
38-place consists of possession of a loaded or unloaded firearm
39-by any person within:
40-(1) one hundred feet of the door through
41-which voters may enter to vote at a school building in which
42-a polling place is located while early voting is in progress
43-or on election day;
44-(2) one hundred feet of the door through
45-which voters may enter to vote at the office of the county
46-clerk, an alternate voting location, a mobile voting site or
47-any location used as a polling place while early voting is in
48-progress or on election day that is not a school; or
49-(3) fifty feet of a monitored secured
50-container as used in Subsection E of Section 1-6-9 NMSA 1978,
51-beginning twenty-eight days before an election through HB 101
52-Page 2
58+place consists of possession of a loaded or unloaded firearm by
59+any person within:
60+(1) one hundred feet of the door through which
61+voters may enter to vote at a school building in which a
62+polling place is located while early voting is in progress or
63+.229596.1 underscored material = new
64+[bracketed material] = delete
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78-election day.
90+on election day;
91+(2) one hundred feet of the door through which
92+voters may enter to vote at the office of the county clerk, an
93+alternate voting location, a mobile voting site or any location
94+used as a polling place while early voting is in progress or on
95+election day that is not a school; or
96+(3) fifty feet of a monitored secured
97+container as used in Subsection E of Section 1-6-9 NMSA 1978,
98+beginning twenty-eight days before an election through election
99+day.
79100 B. The provisions of Subsection A of this section
80101 do not apply to:
81102 (1) a certified law enforcement officer in
82103 performance of the officer's official duties;
83-(2) a law enforcement officer who is
84-certified pursuant to the Law Enforcement Training Act acting
85-in accordance with the policies of the officer's law
86-enforcement agency;
104+(2) a law enforcement officer who is certified
105+pursuant to the Law Enforcement Training Act acting in
106+accordance with the policies of the officer's law enforcement
107+agency;
87108 (3) a commissioned law enforcement officer
88109 with the power to arrest in performance of the officer's
89110 official duties;
90111 (4) a commissioned law enforcement officer
91-with the power to arrest acting in accordance with the
92-policies of the officer's law enforcement agency;
93-(5) a person in a private automobile or
94-other private means of conveyance; or
95-(6) a person carrying a concealed firearm
96-who is in possession of a valid concealed handgun license for
97-that firearm pursuant to the Concealed Handgun Carry Act.
98-C. A person conducting lawful, non-election-
99-related business nearer than one hundred feet from the door
100-through which voters may enter to vote or nearer than fifty
101-feet from a monitored secured container is not guilty of
102-unlawful possession of a firearm at a polling place. HB 101
103-Page 3
112+with the power to arrest acting in accordance with the policies
113+of the officer's law enforcement agency;
114+[(3)] (5) a person in a private automobile or
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143+other private means of conveyance; or
144+[(4)] (6) a person carrying a concealed
145+firearm who is in possession of a valid concealed handgun
146+license for that firearm pursuant to the Concealed Handgun
147+Carry Act.
148+C. A person conducting lawful, non-election-related
149+business nearer than one hundred feet from the door through
150+which voters may enter to vote or nearer than fifty feet from a
151+monitored secured container is not guilty of unlawful
152+possession of a firearm at a polling place.
129153 D. A person who commits unlawful possession of a
130-firearm at a polling place is guilty of a petty misdemeanor
131-and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
154+firearm at a polling place is guilty of a petty misdemeanor and
155+shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
132156 E. For the purposes of this section, "firearm"
133157 means a weapon that will or is designed to or may readily be
134158 converted to expel a projectile by the action of an explosion,
135159 or the frame or receiver of any such weapon."
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