HB 78 PERMITLESS FIREARM CARRYING

Rep John Block

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 78 (HB 78) relates to firearms and allows for the permitless carry of firearms by adults and repeals sections of law that forbid the carrying of a firearm.    

 House Bill 78 (HB 78) enacts a new section of the criminal code to allow for the permitless carry of a firearm by adults.  It allows a person over 18 to carry a loaded firearm on their person, either concealed or open, loaded or unloaded.  However, that adult must not be banned from possessing a firearm by a federal or state law or a court order.  

The bill then amends Section 30-7-1, 30-7-2 and 30-7-13 NMSA 1978 by clarifying that the crime of carrying of a deadly weapon does not include carrying of a firearm.  Thus, the crime of unlawful carrying of a deadly weapon is committed by carrying a deadly weapon, but not a firearm. 

HB 78 repeals Section 30-7-2.2 through 30-7-3 (unlawful possession of a handgun, seizure and forfeiture of a handgun, unlawful carrying of a firearm on university premises; unlawful carrying of a firearm in liquor establishments). 
 

 Currently, a person must have a permit to carry a firearm. Currently, the crime of carrying a deadly weapon includes carrying of a firearm.