10.8.2-NMAC

 

State of New Mexico
Department of Public Safety

TITLE 10 PUBLIC SAFETY AND LAW ENFORCEMENT
CHAPTER 8 WEAPONS AND EXPLOSIVES
PART 2 CARRYING CONCEALED HANDGUNS



10.8.2.1 ISSUING AGENCY: Department of Public Safety.
[10.8.2.1 NMAC – Rp, 10.8.2.1 NMAC, 10-17-16]
10.8.2.2 SCOPE: This rule applies to all persons who wish to carry a concealed handgun or to be an approved instructor in New Mexico.
[10.8.2.2 NMAC – Rp, 10.8.2.2 NMAC, 10-17-16]
10.8.2.3 STATUTORY AUTHORITY: Section 29-19-1 through Section 29-19-15 NMSA 1978; Section 30-7-2 NMSA 1978; Section 30-7-2.1 NMSA 1978; Section 30-7-2.4 NMSA 1978.
[10.8.2.3 NMAC – RP, 10.8.2.3 NMAC, 10-17-16]
10.8.2.4 DURATION: Permanent.
[10.8.2.4 NMAC – Rp, 10.8.2.4 NMAC, 10-17-16]
10.8.2.5 EFFECTIVE DATE: October 17, 2016, unless a later date is cited at the end of a section.
[10.8.2.5 NMAC – Rp, 10.8.2.5 NMAC, 10-17-16]
10.8.2.6 OBJECTIVE: The purpose of this rule is to implement the Concealed Handgun Carry Act by establishing requirements and procedures governing licenses to carry concealed handguns and approval of instructors and firearms training courses.
[10.8.2.6 NMAC – Rp, 10.8.2.6 NMAC, 10-17-16]
10.8.2.7 DEFINITIONS: In addition to the definitions in Section 29-19-2 NMSA 1978, unless the context clearly indicates otherwise, as used in this rule:
A. act means the Concealed Handgun Carry Act, Sections 29-19-1 through 29-19-15, NMSA 1978;
B. approved instructor means a person to whom the department has issued a permit to provide all or any part of classroom and firing range instruction;
C. controlled substance means controlled substance as defined in the New Mexico Controlled Substances Act, Sections 30-31-4 et seq. NMSA 1978, or a similar act of any other jurisdiction;
D. conviction means an adjudication of guilt, and includes a guilty plea, judgment, or verdict, no contest, nolo contendere, conditional plea of guilty, or any other plea that would result in an adjudication of guilt in any court of competent jurisdiction. A conviction includes a deferred sentence and a conditional discharge prior to satisfaction of the conditions and after satisfaction of conditions where required by the act;
E. court means any federal, state, county, municipal, or tribal court;
F. crimes of violence means an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense;
G. days means business days when the period referenced is ten (10) days or less, and calendar days when the period referenced is eleven (11) days or more;
H. department means the New Mexico Department of Public Safety;
I. instructor applicant means a person seeking a permit as an approved instructor;
J. mounted patrol means a current member of the New Mexico mounted patrol who has successfully completed a law enforcement academy basic law enforcement training program for New Mexico mounted patrol members pursuant to Section 29-6-4.1 NMSA 1978;
K. military service person means a person who:
(1) is on active duty with the United States armed forces;
(2) is on reserve or guard duty with the United States armed forces;
(3) is a veteran or a retiree who received an honorable discharge as indicated on a United States department of defense form 214; or
(4) is his or her dependent.
10.8.2 NMAC 2
L. peace officer means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;
M. permit means the authorization granted by the department to teach firearms qualification courses as an approved instructor;
N. range qualification means the performance requirements that must be met by an applicant or licensee for his or her approved caliber of handgun;
O. reciprocity means permission granted for an out of state licenses issued to a person who is not a New Mexico resident to be used in the state of New Mexico by a licensee visiting or passing through the state;
P. resident means:
(1) a person who, for a period of not less than ninety (90) days immediately preceding the date of application for the license, has been domiciled in New Mexico, does not claim residence elsewhere for any purpose, and is not otherwise entitled to claim residence in another state; or
(2) a person who is a member of the armed forces of the United States and permanently assigned to a military installation located within this state. A military person’s dependent may be considered a resident for the purposes of this rule.
Q. respondent means, in the context of 10.8.2.27 NMAC, an applicant, instructor applicant, approved instructor, or licensee;
R. retired peace officer means a New Mexico resident who has retired in good standing from any law enforcement agency with at least fifteen years as a certified police officer or by work related disability;
S. revocation means the involuntary termination of a license or permit by the department for cause for an indefinite period of time;
T. secretary means the secretary of the department of public safety or his designee;
U. suspension means the involuntary termination of a license or permit by the department for cause for a specified period of time;
V. transfer means issuance of a permit in New Mexico under the act when the applicant holds a valid concealed carry permit or license issued by another state with which New Mexico has reciprocity, and the other conditions prescribed in this rule have been satisfied.
[10.8.2.7 NMAC – Rp, 10.8.2.7 NMAC, 10-17-16]
10.8.2.8 FILINGS AND CORRESPONDENCE:
A. To the department.
(1) A person shall address all filings and correspondence relating to hearings held pursuant to this rule to the New Mexico Department of Public Safety, Post Office Box 1628, Santa Fe, New Mexico 87504-1628, Attention: Office of Legal Affairs-Concealed Handgun Section.
(2) A person shall address all filings and correspondence relating to licenses, instructor approval, meetings, and all other matters to the New Mexico Department of Public Safety, Concealed Handgun Licensing Unit, 6301 Indian School Road NE, Suite 310, Albuquerque, New Mexico 87110.
B. From the department. The department shall send all legal notices and orders required by the act and this rule by certified mail to the last address reported to the department by an applicant, instructor applicant, licensee, or approved instructor. The department shall send all other correspondence by regular mail.
[10.8.2.8 NMAC – Rp, 10.8.2.8 NMAC, 10-17-16]
10.8.2.9 INCOMPLETE FILINGS: The department may deny or reject an incomplete filing. A filing will be considered incomplete if:
A. it is unsigned;
B. documents that are required to be certified or notarized are not certified or notarized;
C. it omits any information required by law or department rule, form, or order;
D. it is not filed on a department-prescribed form and a form exists for that purpose; or
E. the required fee is not paid with the application.
[10.8.2.9 NMAC – Rp, 10.8.2.9 NMAC, 10-17-16]
10.8.2.10 DEPARTMENT-PRESCRIBED FORMS:
A. Use required. The department has prescribed forms to carry out certain requirements of this rule. The most current version of a department form must be used when a form exists for that purpose, unless the department waives this requirement.
B. How to obtain. Department-prescribed forms may be obtained:
10.8.2 NMAC 3
(1) at New Mexico state police offices throughout the state; or
(2) from the department’s website at www.dps.state.nm.org
[10.8.2.10 NMAC – Rp, 10.8.2.10 NMAC, 10-17-16]
10.8.2.11 APPLICATION REQUIREMENTS FOR A LICENSE:
A. Filing. An applicant must file an application for a license with the department in person or by mail.
B. Fees. All fees are non-refundable, and are required by the act or this rule to be paid to the department and shall be in the form of cash, credit card, a personal check, cashier’s check, certified check, or money order made payable to the New Mexico Department of Public Safety.
C. Completeness. All applications must be complete and legible.
(1) If an application is incomplete, the department will return the application and a letter outlining the deficiencies in the application to the applicant by regular mail. The applicant will have forty-five (45) days from the date the letter is postmarked to cure the deficiencies. If the applicant fails to return the application to the department within forty-five (45) days from the date the letter was postmarked, the application will be deemed abandoned, the application file will be closed, and all fees paid will be forfeited to the state. The department will send a letter notifying the applicant that the application has been deemed abandoned, the file has been closed, and all fees paid have been forfeited to the state.
(2) If the applicant returns the application to the department within forty-five (45) days from the date the initial letter was postmarked but the application is still deficient, the department will return the application and a second letter outlining the deficiencies in the application to the applicant by regular mail. The applicant will have thirty (30) days from the date the second letter is postmarked to cure the deficiencies. If the applicant fails to return the application to the department within thirty (30) days from the date the second letter was postmarked, or returns the application but it is still deficient, the application will be deemed abandoned, the application file will be closed, and all fees paid will be forfeited to the state. The department will send a letter notifying the applicant that the application has been deemed abandoned, the file has been closed, and all fees paid have been forfeited to the state.
(3) An applicant may contact the concealed carry unit to inquire about the status of his or her application. Agents may provide the information to the applicant after the applicant has supplied sufficient identifiers such as address, social security number, date of birth, etc.
[10.8.2.11 NMAC – Rp, 10.8.2.11 NMAC, 10-17-16]
10.8.2.12 OTHER REQUIRED DOCUMENTS FOR A LICENSE: In addition to the application form, each applicant shall submit copies of other documents required by the act or this rule to the department as set forth below. The copies must clearly show the name of the applicant and all signatures and pertinent information. The department will not accept copies that are too dark, too light, blurry, or otherwise unreadable. An applicant may request the return of original documents by so stating and enclosing a self-addressed stamped envelope.
A. Proof of residency.
(1) An applicant may prove residency in New Mexico by submitting a copy of a valid New Mexico driver’s license or personal identification card issued by the motor vehicle division of the taxation and revenue department and one of the following:
(a) proof that the applicant is registered to vote in New Mexico;
(b) a state or government issued license with name and address;
(c) a United States armed forces identification card and orders of permanent duty station in New Mexico or a U.S. Armed Forces Dependent ID card and orders of the individual claiming the applicant as a dependent; or
(d) other proof acceptable to the department.
(2) Possession by an applicant of a driver’s license issued by another state shall create a rebuttable presumption of residency in such other state.
B. Proof of age. An applicant may prove that he or she is 21or more years of age by filing:
(1) a copy of a valid government-issued identification card stating the person’s age;
(2) a copy of a passport; or
(3) a certified copy of his or her birth certificate.
C. Proof of handgun competency. A certified copy of a certificate of completion for a firearms training course approved by the department issued by an approved instructor not more than ninety (90) days prior to the date the application is submitted, as required by Section 10.8.2.15 of this rule.
10.8.2 NMAC 4
D. Proof of disposition of charges. The burden of proof is on the applicant or licensee to show that the applicant or licensee has a pending or successful completion of any conditional discharge, or that the conviction of any charge has been overturned on appeal. Documentation sufficient to prove the applicant’s or licensee’s contention related to a conviction or discharge must be provided by the applicant or licensee to the department.
E. Photographs. To streamline the application process, the department may obtain digital color photographs of an applicant from the motor vehicle division of the taxation and revenue department or another government agency. If the department requests an applicant to provide photographs pursuant to Section 29-19-5 (B)(5) NMSA 1978, the photographs shall be in color, be a minimum of 3 inches by 3 inches, and be a full frontal view of the applicant without hat, sunglasses, or any other item that would obstruct or alter the features of the applicant. The department will not accept photographs that are too dark, too bright, fuzzy, or out of focus, or unclear.
F. Fingerprints. All new applicants shall submit electronic fingerprints via the department standards that comply with the requirements of Section 29-19-5 NMSA 1978 and 10.8.2.14 NMAC. Applicants who have electronic fingerprints on file shall not be required to resubmit fingerprints.
G. Application fee. An applicant shall submit a non-refundable application fee of $100.00 and $75 for renewal applications. Current and retired law enforcement officers, military and mounted patrol officers are exempt from this fee.
[10.8.2.12 NMAC – Rp, 10.8.2.12 NMAC, 10-17-16]
10.8.2.13 LICENSE APPLICATION REVIEW AND ISSUANCE:
A. Time period for review. In accordance with Section 29-19-6 (A) NMSA 1978, the department shall review the application, conduct a national criminal background check of each applicant, and make a determination within thirty (30) days of the date the department receives a complete application and background check.
B. Determination by department.
(1) Approval. If the department finds that the applicant meets the requirements in the act and this rule for issuance of a license, the department shall issue a license.
(2) Denial. If the department finds that the applicant does not meet the requirements for issuance of a license, the department shall issue a notification of denial in accordance with 10.8.2.21 NMAC. The notification of denial shall cite requirement(s) of the act or this rule that the applicant has failed to meet.
C. Information on license. In addition to the information required by Section 29-19-6 (C) NMSA 1978, a license to carry a concealed handgun may include:
(1) a physical description of the licensee, including the licensee’s sex, hair color, eye color, height, and weight;
(2) the state seal;
(3) instructions to the licensee; and
(4) other information as determined by the department.
D. Term of license. Original and renewed licenses are effective for four (4) years from the date of issuance by the department. Replacement licenses and licenses that have been endorsed to add another category or highest caliber of handgun shall expire on the date the replaced license would have expired.
E. Dual licenses prohibited. A licensee may not own or possess more than one New Mexico license to carry a concealed handgun. A license to carry a concealed handgun shall indicate all categories and highest calibers of handguns the licensee is authorized to carry concealed in New Mexico.
[10.8.2.13 NMAC – Rp, 10.8.2.13 NMAC, 10-17-16]
10.8.2.14 FINGERPRINTING OF APPLICANTS: All applicants shall submit electronic fingerprints. The department may refuse to accept fingerprints it determines are not legible and classifiable.
A. Responsibilities of applicant. The applicant must present a valid government-issued photographic identification card.
B. Responsibilities of person recording the fingerprints. The person who records the applicant’s fingerprints shall verify that the government-issued photographic identification card is of the person being fingerprinted.
[10.8.2.14 NMAC – Rp, 10.8.2.14 NMAC, 10-17-16]
10.8.2.15 FIREARMS TRAINING FOR APPLICANTS AND LICENSEES:
A. All New Mexico residents must attend a department approved firearms training course taught by a
10.8.2 NMAC 5
department approved instructor unless he or she received the license by transfer of an out of state license.
(1) An applicant seeking a license shall satisfactorily complete an initial firearms training course approved by the department that includes at least fifteen (15) hours of classroom and firing range instruction as specified in Section 29-19-7(A) NMSA 1978 except:
(a) a department approved instructor;
(b) a current law enforcement officer;
(c) a retired law enforcement officer who has been retired ten (10) years or less at time of application;
(d) active military personnel;
(e) veterans who have been retired twenty (20) years or less at the time of application; or
(f) mounted patrol members who have successfully completed a law enforcement training program for New Mexico mounted patrol.
(2) Two years after the issuance of an initial license, a licensee shall complete a refresher course which consists of either range qualification of his or her approved caliber of handgun or an online training course of instruction approved by the department.
(3) Four years after the issuance of an initial license, a licensee seeking renewal of a license shall satisfactorily complete a refresher firearms training course approved by the department that includes at least four (4) hours of classroom and firing range instruction as specified in Section 29-19-7(A) NMSA 1978.
(4) The department may suspend a license if the licensee does not comply with the refresher course requirements. Upon compliance, the licensee shall submit a $5.00 reinstatement fee.
B. Competency demonstration.
(1) An applicant or licensee shall demonstrate competency in the safe use of each category and highest caliber of handgun for which he or she seeks certification by firing the handgun with live ammunition at a target no larger than twelve (12) inches wide and eighteen (18) inches high.
(2) An applicant or licensee shall fire fifteen (15) rounds from three (3) yards and ten (10) rounds from seven (7) yards.
(3) An applicant or licensee shall score four (4) points for each shot that hits within the scoring line and zero (0) points for each shot that hits outside the scoring line. An applicant must obtain a score of seventy-two percent of the total score to pass the competency demonstration.
C. Determination of competency. An approved instructor shall determine whether or not an applicant is to be issued a certificate of completion based on the applicant’s or licensee’s score on the competency demonstration and the applicant’s or licensee’s knowledge and understanding of the subjects specified in the act.
D. Certificates of completion. An approved instructor shall issue a certificate of completion to each applicant who demonstrates competency in the safe use of the categories and calibers of handguns for which he or she seeks licensure as prescribed in Subsections B and C of this section. The certificate of completion shall include the name and date of birth of the applicant, the printed name and signature of the approved instructor who scored the competency demonstration, the date the applicant completed the firearms training course, all categories and calibers of handguns for which the applicant demonstrated competency, and a unique number consisting of the instructor number assigned by the department and a sequential number that corresponds with the order in which the instructor has issued certificates.
[10.8.2.15 NMAC – Rp, 10.8.2.15 NMAC, 10-17-16]
10.8.2.16 TERMS AND CONDITIONS OF LICENSE:
A. Carrying only handguns listed on license. No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. A licensee shall only carry one (1) concealed handgun at any given time.
B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
C. Carrying while impaired. No person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.
D. Display of license on demand. A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun.
E. Prohibited acts. A licensee shall not deface, alter, mutilate, reproduce, lend, transfer, or sell a license. A licensee shall adhere to Section 30-7-4 NMSA 1978 as it pertains to negligent use of a deadly weapon.
F. Carrying prohibited on private property. In addition to other limitations stated in the act, a
10.8.2 NMAC 6
licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.
G. Carrying prohibited in preschools. No licensee shall carry a concealed handgun on the premises of a preschool that provides care to infants, toddlers, and children aged 5 and younger, which includes child care facilities, home-based or center-based, and whether or not the facility is licensed, registered, or regulated.
H. Schools. Carrying of a deadly weapon on school premises is prohibited except as allowed by the law.
I. University. Carrying of a firearm on university premises is prohibited except as allowed by the law.
J. Liquor establishments. Carrying of a firearm in an establishment licensed to dispense alcoholic beverages is prohibited except as allowed by the law.
K. Indicia of licensure. Only a law enforcement officer may carry a badge, patch, card, or any other indication of authority to carry a concealed handgun in New Mexico other than the license issued by the department or a license issued by a state that has been accepted by reciprocity by New Mexico pursuant to the act.
I. Notice of change in circumstances. A licensee shall, within ten (10) days, both notify the department in writing and return the license to it within ten (10) days upon the occurrence of any of the following:
(1) adjudication of mental incompetence has been entered or issued against the licensee;
(2) the licensee has been committed to a facility for the treatment of mental illness;
(3) the licensee has been committed to a facility for treatment of addiction to alcohol, controlled substances, or other drugs;
(4) an order of protection has been issued by a court against the licensee;
(5) an indictment for or charge with a felony or a disqualifying misdemeanor offense described in Section 29-19-4(B) NMSA 1978 has been issued against the licensee;
(6) is no longer a full time salaried law enforcement officer; or
(7) the licensee is other than honorably discharged from the military.
[10.8.2.16 NMAC – Rp, 10.8.2.16 NMAC, 10-17-16]
10.8.2.17 LICENSE RENEWAL AND TRANSFER:
A. To renew a New Mexico license. A licensee may submit an application for a renewed license on the form prescribed by the department.
(1) The licensee may submit the application anytime from sixty (60) days before, and until sixty (60) days after the license expires. If the license has expired, a licensee shall not carry a concealed handgun until he or she receives a renewed license.
(2) The licensee shall complete a refresher firearms training course prior to filing the application.
(3) The licensee shall submit to the department:
(a) electronic fingerprints as required by Section 29-19-5 NMSA 1978 and 10.8.2.14 NMAC, unless electronic fingerprints are already on file with the department;
(b) a certified copy of a certificate of completion for a refresher firearms training course approved by the department issued by an approved instructor not more than ninety (90) days prior to the date the application is filed;
(c) a nonrefundable $75.00 renewal fee; and
(d) a copy of New Mexico driver’s license or other government issued identification which contains a picture.
B. To transfer a license from another state. A person establishing New Mexico residency must transfer his or her license from another state. The license holder has ninety (90) days from establishing New Mexico residency to file an application for a New Mexico renewed license on the form prescribed by the department. An applicant for transfer shall not carry a concealed handgun in New Mexico until the applicant receives a New Mexico license unless he or she has a license from a state that has been accepted by reciprocity by New Mexico.
(1) In addition to the items required by Paragraph 3 of Subsection A of this section, the applicant for license transfer shall file:
(a) proof of residency as provided in Subsection A of 10.8.2.12 NMAC;
(b) proof of age as provided in Subsection B of 10.8.2.12 NMAC; and
(c) a photocopy of the license being transferred.
(2) The applicant for transfer shall complete:
10.8.2 NMAC 7
(a) a refresher firearms training course if the firearms training required by the other state meets or exceeds New Mexico firearms training requirements and the licensee completed firearms training not more than one (1) year prior to filing the application; or
(b) an initial firearms training course if the firearms training required by the other state does not meet New Mexico firearms training requirements or the licensee completed firearms training more than one (1) year prior to filing the application.
(3) The applicant for transfer must meet all other requirements for obtaining a license in New Mexico by showing either that:
(a) the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
(b) the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.
C. Time period for review. The department shall review the application for a renewed license, conduct a national criminal background check for each applicant for a renewed license or transfer of a license from another state, and make a determination within thirty (30) days of the date the department receives a complete application and background check.
D. Determination by department.
(1) Approval. If the department finds that the applicant for a renewed license or transfer of a license from another state meets the requirements in the act and this rule for a renewed license, the department shall issue a license.
(2) Denial. If the department finds that the applicant does not meet the requirements for a renewed license or transfer of a license from another state, the department shall issue a notification of denial in accordance with 10.8.2.21 NMAC. The notification of denial shall cite the particular requirements of the act or this rule that the applicant has failed to meet.
[10.8.2.17 NMAC – Rp, 10.8.2.17 NMAC, 10-17-16]
10.8.2.18 ADDITIONAL HANDGUN ENDORSEMENT: If a licensee wishes to add another category or additional higher calibers of handguns to his or her license, the licensee shall file with the department an endorsement application. The licensee shall also submit a certified copy of a certificate of completion from an approved instructor stating that the licensee has demonstrated competency on a firing range for each additional category and caliber of handgun, his or her current license, and a $10.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue an updated license within ten (10) days of receipt of the application. The updated license shall expire on the same date as the original license would have expired. In accordance with Section 29-19-9 NMSA 1978, a licensee shall not carry the higher caliber concealed handgun until he or she receives the updated license
[10.8.2.18 NMAC – Rp, 10.8.2.18 NMAC, 10-17-16]
10.8.2.19 REPLACEMENT LICENSE:
A. Change of name address, or status: A licensee who changes his or her name, address or law enforcement status shall file within thirty (30) days:
(1) an application for a replacement license on the form prescribed by the department;
(2) if applicable, a certified copy of a legal document proving the change of name;
(3) a nonrefundable $10.00 processing fee; and
(4) if applicable, proof of reemployment with a law enforcement agency.
B. Loss, theft, or destruction of license: A licensee who loses his or her license or whose license is stolen or destroyed shall file a police report within ten (10) days of the date the licensee discovers the loss, theft, or destruction of the license. The licensee shall not carry a concealed handgun until he or she obtains a replacement license. A licensee who seeks to replace a license that is lost, stolen, or destroyed shall file with the department:
(1) an application for a replacement license on the form prescribed by the department;
(2) the case number of the police report;
(3) a notarized statement made under oath that the license was lost, stolen or destroyed; and
(4) a nonrefundable $10.00 processing fee.
The department shall issue a replacement license within ten (10) days of receipt of the application.
[10.8.2.19 NMAC – Rp, 10.8.2.19 NMAC, 10-17-16]
10.8.2.20 ENFORCEMENT:
10.8.2 NMAC 8
A. Authority to disarm. A peace officer acting in the lawful discharge of his or her official duties is authorized to disarm a licensee at any time the peace officer reasonably believes it is necessary for the protection of the licensee, peace officer or another individual. The peace officer shall return the handgun to the licensee before dismissing the licensee from the scene if the peace officer has determined that the licensee is not a threat to himself or herself, the peace officer, or other individuals, provided that the licensee has not violated any provision of the act or this rule, or committed any other violation which could result in arrest of the licensee. If the peace officer has probable cause to believe that the handgun is stolen, has an altered serial number, or has been used in the commission of a crime, the peace officer shall hold the handgun in evidence and shall submit a copy of his or her agency report to the department within ten (10) days.
B. Authority to confiscate license. A peace officer may confiscate a license if the licensee has violated any provision of the act or this rule, or committed any other violation that could result in arrest of the licensee. If the licensee has committed a violation of the act or rule warranting suspension or revocation of the license, the officer shall file an affidavit of violation as provided in Subsection B of 10.8.2.21 NMAC. A police report may be submitted in lieu of an affidavit.
[10.8.2.20 NMAC – Rp, 10.8.2.20 NMAC, 10-17-16]
10.8.2.21 DENIAL, SUSPENSION AND REVOCATION OF A LICENSE:
A. Grounds. The department may deny, suspend or revoke a license if the licensee:
(1) is found to have violated any provision of the act or this rule;
(2) is a fugitive from justice, in accordance with Section 29-19-4(A)(4) NMSA 1978;
(3) is convicted of a felony, in accordance with Section 29-19-4(A)(5) NMSA 1978, including a conditional discharge until discharged, a diversion until its terms are completed, a deferment, a guilty plea, a plea of nolo contendere, or Alford plea;
(4) is under indictment, cited, or summoned to Court to answer for a felony criminal offense, in accordance with Section 29-19-4(A)(6) NMSA 1978;
(5) is prohibited by law from purchasing or possessing a firearm, in accordance with Section 29-19-4(A)(7) NMSA 1978 or any federal database or law;
(6) is adjudicated mentally incompetent or committed to a mental institution, in accordance with Section 29-19-4(A)(8) NMSA 1978;
(7) is addicted to alcohol or controlled substances, in accordance with Section 29-19-4(A)(9) NMSA1978;
(8) receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendere to a misdemeanor offense involving a crime of violence within ten (10) years immediately preceding the application, in accordance with Section 29-19-4(B)(1) NMSA 1978;
(9) is convicted of a misdemeanor offense of driving while under the influence of intoxicating liquor or drugs within five (5) years immediately preceding the application, in accordance with Section 29-19-4(B)(2) NMSA 1978;
(10) is convicted of a misdemeanor offense of the possession or abuse of a controlled substance within ten (10) years immediately preceding the application, in accordance with Section 29-19-4(B)(3) NMSA 1978;
(11) is convicted of a misdemeanor offense of assault or assault against a household member, battery or battery against a household member, in accordance with Section 29-19-4(B)(4) NMSA 1978; or
(12) is subject to a valid protective order issued by a court.
B. Affidavit of violation by a licensee. If a peace officer believes there is probable cause to suspend or revoke a license, the peace officer shall prepare an affidavit on a form prescribed by the department. The affidavit shall cite the provision of law that was violated. The peace officer shall file the affidavit and any other reports or information relating to the licensee available to the officer with the department within ten (10) days of the date the peace officer learns of the violation. A police report may be submitted in lieu of the affidavit.
C. Notice of suspension or revocation and surrender of license. The department shall review the affidavit and attachments, and, if the department finds probable cause to suspend or revoke the license, may issue a notification of the suspension or revocation to the licensee advising the licensee of his or her right to a hearing in accordance with 10.8.2.27 NMAC. If the licensee elects not to request a hearing, the licensee shall surrender his or her license to the department within fifteen (15) days of the expiration of the period allowed to request a hearing.
D. Term of suspension or revocation and reapplication.
(1) The department may suspend a license when the outcome of a disqualifying matter is pending. The licensee may file an application to renew the license upon expiration of the term of suspension.
10.8.2 NMAC 9
(2) The department may revoke a license for a period required by the law up to and including a lifetime revocation. The person will not be eligible for a new license until the revocation period required by law has passed, if ever.
(3) The license of a current law enforcement officer shall expire on the date the officer leaves employment unless the officer provides the department with written proof of hiring by another law enforcement agency in New Mexico.
[10.8.2.21 NMAC – Rp, 10.8.2.21 NMAC, 10-17-16]
10.8.2.22 DEPARTMENT APPROVAL OF INSTRUCTORS AND FIREARMS TRAINING COURSES:
A. Application required. Any person seeking to instruct firearms training courses pursuant to this rule shall file an application with the department to become an approved instructor. Application shall be made on the form prescribed by the department, and shall be typewritten or legibly handwritten in ink. A person who is not an approved instructor may not instruct a firearms training course pursuant to this rule.
B. Requirements for approval. In order to be approved as an instructor, an instructor applicant must:
(1) agree to be subject to New Mexico jurisdiction for the purpose of enforcing the act and this rule;
(2) submit a resume of experience instructing firearms training courses and/or handgun experience;
(3) submit electronic fingerprints that comply with the requirements in Section 29-19-5 NMSA 1978 and 10.8.2.14 NMAC for positive identification purposes;
(4) submit an authorization for release of information form provided by the department;
(5) submit an affidavit or cover page of an acceptable firearms instruction insurance policy;
(6) submit to the department the curriculum and course materials, meeting the department’s core requirements, for a firearms training course that has been certified or sponsored by a federal or state law enforcement agency, an accredited college or university, a firearms training school or a nationally recognized organization approved by the department that customarily offers firearms training, and a copy of the letter or other document approving the course from the certifying or sponsoring entity. An instructor applicant may develop his own curriculum and materials but must have them certified or sponsored by one of the entities identified in Section 29-19-7)(A) NMSA 1978;
(7) The instructor applicant must submit to the department a list of all persons the instructor applicant proposes to engage in any aspect of the concealed carry weapons class at least ten (10) days prior to the first class, including the individual’s name, date of birth, social security number, and concealed carry license number;
(8) provide a description of the instructor applicant’s experience in offering firearms training; if any. An instructor-applicant who wishes to conduct firing range instruction must possess a certificate of completion of a firearms instructor-training program approved by the department that was issued or renewed not more than three (3) years prior to the date the application is filed;
(9) be a currently certified law enforcement instructor employed by a law enforcement agency; or
(10) be 21 years of age and agree to be responsible for the actions and omissions of all persons engaged by the approved instructor for the purpose of conducting firearms training courses pursuant to this rule.
C. Time period for review. As prescribed in Section 29-19-6(A) NMSA 1978, the department shall review the application of each instructor applicant and make a determination within thirty (30) days of the date the department receives a complete application and background check.
D. Determination by the department.
(1) Approval.
(a) Instructor. If the department finds that the instructor applicant meets the requirements specified in Subsection B of this section, the department shall issue a concealed carry weapon instructor permit that shall be valid for 4 years. The concealed carry weapon instructor permit shall include the approved instructor’s name, business address, and date of birth, the expiration date of the permit, and the instructor number assigned by the department.
(b) Curriculum. If the department finds that the proposed curriculum and course materials for the firearms training course meet the requirements of Section 29-19-7 NMSA 1978 and this rule, the department shall approve the proposed firearms training course in writing. The department’s approval shall remain
10.8.2 NMAC 10
in effect for the shortest of:
(i) one (1) year;
(ii) until the approved instructor substantially changes the curriculum or course materials; or
(iii) the requirements in the act or this rule are changed.
(2) Denial. If the department finds either that the instructor applicant or the proposed firearms training course does not meet the requirements of Section 29-19-7 NMSA 1978 or this rule, the department shall issue a notification of denial. The notification of denial shall cite the particular requirements of the act or this rule that the instructor applicant or proposed firearm training course has failed to meet.
E. Renewal. An approved instructor seeking to renew his or her permit shall file with the department at least sixty (60) days before the date his or her permit expires:
(1) an application for renewal on the form prescribed by the department;
(2) the curriculum and course materials for a firearms training course that is certified or sponsored by a federal or state law enforcement agency, an accredited college or university, a firearms training school, or a nationally recognized organization approved by the department that customarily offers firearms training and a copy of the letter or other document approving the course from the certifying or sponsoring entity; and
(3) a list of all persons the instructor applicant intends to engage in any aspect of conducting a concealed carry weapons class.
F. No authority to carry. An approved instructor is not authorized to carry a concealed handgun unless the approved instructor obtains a license from the department pursuant to Section 29-19-4 NMSA 1978 of the act and this rule. If an instructor applicant wishes to apply for a concealed carry license at the same time he or she applies for an instructor’s permit, he or she may do so by checking the appropriate boxes on the instructor application form, complying with all requirements for a license in the act and this rule, and enclosing the license application fee and all documents required by this rule with the application for an instructor’s certificate.
G. List of approved instructors. The department shall maintain and make available to the public a list of approved instructors. An approved instructor may request to be removed from the list, but shall remain subject to a request for inspection of public records pursuant to, Chapter 14, Article, 2 NMSA 1978.
[10.8.2.22 NMAC – Rp, 10.8.2.23 NMAC, 10-17-16]
10.8.2.23 BACKGROUND INVESTIGATIONS OF APPLICANTS AND INSTRUCTOR APPLICANTS: The department shall conduct a state and national criminal background check, and a court records check for protective orders, of each applicant for an original, transferred or renewed license. The department shall conduct a state criminal background check, and a court records check for protective orders, for each instructor applicant for an original or renewed instructor’s permit. The department may require certain applicants to provide information or execute documents to enable the department to obtain criminal history records of disposition of charges. The department may conduct such other investigation of an applicant as the department deems necessary to determine an applicant’s suitability for a license or instructor’s permit.
[10.8.2.23 NMAC – Rp, 10.8.2.23 NMAC, 10-17-16]
10.8.2.24 RESPONSIBILITIES OF APPROVED INSTRUCTORS:
A. Minimum standards for instruction. An approved instructor shall:
(1) engage as instructors only those persons who have been issued a permit by the department, except as provided in Subsection C of this section;
(2) have no more students in the classroom or on an indoor firing range than the maximum occupancy allowed by the state or local fire code;
(3) use classroom facilities that comply with all federal, state, and local laws relating to persons with disabilities, public health, safety, and sanitation, including restroom facilities;
(4) use only the curriculum, course materials, handouts, and videos approved by the department;
(5) display the permit issued by the department in an appropriate and visible location;
(6) not permit a student to begin a firearms training course until the student has received written information stating all fees, including incidental costs, charged for the course, policies for passing and failing, refund and reschedule policies, and attendance requirements.
B. Minimum standards for firing range instruction. An approved instructor shall:
(1) not allow a student to participate in firing range instruction until the student has completed the classroom portion of the firearms training that covers safe handgun shooting fundamentals;
10.8.2 NMAC 11
(2) conduct firing range instruction under various light conditions when possible;
(3) have no more students firing a handgun on the firing range than the instructor can effectively and safely instruct and monitor, including no more than five students per instructor during daylight training, no more than three students per instructor for lowlight training, and no more than one student per instructor for dynamic training such as shooting on the move.
C. Guest instructors.
(1) An approved instructor may use guest instructors who are on the department approved instructor list to teach various parts of a firearms training course, but only with written approval of the department. An approved instructor must file a request for approval to use a guest instructor at least ten (10) days prior to the date the guest instructor will teach for the first time. The department will conduct background investigations of guest instructors.
(2) no guest instructor shall teach the approved instructor’s entire firearms training course.
(3) An approved instructor shall maintain a file on each guest instructor who teaches any portion of the firearms training course. The file shall include a list of the dates and portions of the course each guest instructor has taught, and appropriate documents showing the education, experience, licenses or certifications that qualify the guest instructor to teach the portions of the course he or she has taught.
D. Monitoring by the department. The department may monitor all aspects of firearms training courses. Approved instructors shall cooperate with department employees in its efforts to monitor the training of applicants.
(1) Should a department employee determine that an instructor is not compliant with these rules or is placing his or her students in danger, the employee shall have the authority to end the class. The employee shall obtain the approved instructor’s permit, make a written report and submit both to the secretary. The approved instructor may then file an appeal pursuant to the act and these rules.
(2) Failure to adhere to any provisions of Subsection D, these rules, or the act shall be grounds for temporary or permanent loss of an instructor’s permit.
E. After Action Reports (AAR). An approved instructor shall file the following information with the department within ten (10) days after the end of each firearms training course on the form prescribed by the department:
(1) the name, address, and date of birth of each applicant who attended the course;
(2) the score each applicant achieved in the handgun competency demonstration;
(3) the category and highest caliber of each handgun for which the applicant demonstrated competency; and
(4) whether or not the approved instructor issued a certificate of completion and each category and caliber for which each applicant’s certificate was issued.
F. Records. An approved instructor shall maintain the records required by this subsection for a period of five (5) years from the date of completion of each firearms training course. The records shall be stored in a safe and secure place and shall be available for inspection by the department promptly upon request. An approved instructor shall maintain:
(1) a record of each handgun competency certificate issued;
(2) a record of the following information for each course:
(a) name, address, and date of birth of each applicant who attended the course;
(b) the score the applicant achieved in the handgun competency demonstration;
(c) the category and caliber, of each handgun for which the applicant demonstrated competency; and
(d) an indication of whether or not the approved instructor issued a certificate of completion to that person;
(3) a record of the dates and number of hours of each firearms training course;
(4) a record of the curriculum and course materials used in each course; and
(5) copies of documents and correspondence filed with the department.
[10.8.2.24 NMAC – Rp, 10.8.2.24 NMAC, 10-17-16]
10.8.2.25 IN-SERVICE TRAINING CYCLE FOR CONCEALED CARRY INSTRUCTORS:
A. All New Mexico approved instructors shall receive a minimum of eight (8) hours of training bi-annually.
B. Required training may be conducted by the department’s concealed carry program at regional locations and, where scheduling will allow, the concealed carry program will assign staff to instruct the course.
10.8.2 NMAC 12
[10.8.2.25 NMAC – N, 10-17-16]
10.8.2.26 SUSPENSION AND REVOCATION OF AN INSTRUCTOR PERMIT:
A. Grounds. The department may suspend or revoke a permit if the approved instructor:
(1) is the subject of valid complaints from applicants, licensees, or other approved instructors;
(2) violates any of the grounds stated in Subsection A of 10.8.2.21 NMAC with respect to a license;
(3) violates any provision of the act or these rules; or
(4) fails to improve after having been sanctioned.
B. Notice of suspension or revocation and surrender of permit. The department shall investigate all allegations concerning grounds for suspension or revocations of permits. If the department finds there is a preponderance of evidence supporting the complaint, and there exists cause to suspend or revoke the permit, the department may issue a notification of suspension or revocation of the permit to the approved instructor, and advising the approved instructor of his or her right to a hearing in accordance with 10.8.2.26 NMAC. If the approved instructor elects not to request a hearing, the approved instructor shall surrender his or her permit to the department within fifteen (15) days of the expiration of the period for requesting a hearing and shall cease offering firearms training courses pursuant to this rule.
C. Immediate suspension of firearms training course and refund of tuition.
(1) The department may immediately suspend, without notice or a prior hearing, a firearms training course whenever the department finds that the person teaching the course:
(a) is not an approved instructor;
(b) is impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications;
(c) has committed a misdemeanor or felony under the New Mexico criminal code or law of another jurisdiction; or
(d) is teaching something that is contrary to law or accepted safety practices.
(2) The approved instructor shall be given the opportunity to request a hearing before the department pursuant to 10.8.2.26 NMAC.
(3) If the department finds, after notice and a hearing, that the person teaching the course was not an approved instructor, was impaired, has committed a misdemeanor or felony under the criminal code, or was teaching something contrary to law or accepted safety practices, the department may order the person to refund to every student in the class the person was teaching any fees paid by the student to take the class. If the department finds that all or any portion of the firearms training course was deficient because the instructor was not an approved instructor, was impaired, has committed a misdemeanor or felony under the criminal code, or was teaching something contrary to law or safety, the department may require the students in that class to retake the portions that were deficient. The department may also initiate proceedings to suspend or revoke the approved instructor’s permit.
D. Term of suspension or revocation and reapplication.
(1) The department may suspend a permit for up to one (1) year while the outcome of a disqualifying matter is pending. The approved instructor may file an application to renew the permit upon expiration of the term of suspension.
(2) The department may revoke a permit for a period required by law up to and including a lifetime revocation. The instructor whose permit is revoked will not be eligible for a new permit until the revocation period required by law has passed, if ever.
[10.8.2.26 NMAC – Rp, 10.8.2.25 NMAC, 10-17-16]
10.8.2.27 HEARING PROCEDURES:
A. Written notice required. The department shall mail a notification of the decision to deny, suspend, or revoke a permit and instructions for requesting a hearing to the respondent in accordance with Subsection B of 10.8.2.8 NMAC. The notice shall become final on the thirtieth (30th) day after the date the notice was postmarked unless the department receives a request for a hearing, or the notice is returned to the department as undeliverable, before that date, in which case it is immediately final.
B. Request for hearing. A respondent who seeks reconsideration of a notification of denial, suspension, or revocation shall file a request for hearing. The request for hearing shall:
(1) be in writing;
(2) be received by the department within thirty (30) days from the date on the notification;
10.8.2 NMAC 13
(3) state with specificity the basis for challenging the notification; and
(4) provide any additional documentation to support the challenge.
C. Hearing date. Within thirty (30) days of receipt of a timely request for hearing, the department shall mail a notice of hearing to the respondent. The hearing shall be held within a reasonable period of time, but within one hundred and eighty (180) days from the date the department receives request for the hearing. The department may extend the time for a hearing one time for up to an additional sixty (60) days upon its own discretion. The department shall not unreasonably deny a request for postponement of the hearing made by a respondent when good cause exists for the request.
D. Contents of notice. The notice shall include:
(1) the date, time, place, and nature of the hearing;
(2) a statement of the legal authority and jurisdiction pursuant to which the hearing is being held;
(3) reference to the section(s) of the act or this rule that were cited as the basis for the denial, suspension, or revocation;
(4) a general statement of the matters or issues involved; and
(5) a statement of the rights specified in Subsection I of this section.
E. Nature of hearing. The hearing shall be conducted in an informal manner. The hearing may be conducted in person or by telephone conference call, video conferencing, or other appropriate technology.
F. Hearing examiner. The department shall designate a hearing examiner who shall conduct the proceedings and perform all acts and take all measures necessary or proper for the efficient conduct of the hearing. The hearing examiner may:
(1) administer oaths;
(2) issue subpoenas for the attendance of witnesses and the production of relevant books, documents, and records;
(3) exclude any irrelevant, immaterial, or unduly repetitious evidence;
(4) take notice of facts and of recognized technical or scientific facts within the department’s specialized knowledge;
(5) hear evidence and admit documentary evidence from the parties.The department may introduce into evidence copies of government records needed to establish the existence of certain facts which could result in denial, suspension, or revocation of a license or permit, including but not limited to records regarding convictions, judgments regarding mental competency or chemical dependency, or other matters that may be established by government records;
(6) call and examine the respondent or other witnesses; and
(7) utilize the department’s experience, technical competence, and specialized knowledge in evaluating the evidence.
G. Testimony. Testimony at the hearing shall be taken under oath.
H. Record of hearing. The hearing shall be recorded at the department’s expense. No recording devices other than the official hearing recording device shall be allowed. In addition, the department shall make a written record of:
(1) the nature of the proceedings including copies of the affidavit or other documents of grounds for the notification of denial, suspension, or revocation, and the notice of hearing;
(2) the place, date, and time of the hearing and all continuances or recesses of the hearing;
(3) the appearance or nonappearance of the respondent;
(4) if the respondent appears with an attorney, the name and address of the attorney;
(5) all evidence and testimony and a copy of all exhibits introduced into evidence;
(6) the findings of fact, conclusions of law, and recommended decision of the hearing examiner; and
(7) the decision of the secretary.
I. Rights of applicant, instructor applicant, approved instructor, or licensee. The respondent has the right to:
(1) attend the hearing;
(2) enter evidence into the record, but only in open hearing;
(3) recuse a hearing examiner for cause;
(4) be assisted or represented by an attorney at his or her own expense; and
(5) call, examine and cross-examine witnesses.
J. Stipulation. The respondent, or respondent’s attorney in respondent’s absence, shall stipulate in
10.8.2 NMAC 14
writing on a form prescribed by the department that the hearing examiner shall be released from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of the hearing. Failure to so stipulate shall result in termination of the hearing and continuation of the notification issued by the department.
K. Deliberation. At the close of the hearing, the hearing examiner shall review and consider the entire record, prepare findings of fact, conclusions of law, and a recommended decision, and submit them to the secretary within twenty (20) days after the close of the hearing. The hearing examiner shall make a finding on each ground for denial, suspension, or revocation alleged. The recommended decision shall be based upon substantial, competent, and relevant evidence and testimony appearing in the record of hearing.
L. Final order. Within twenty (20) days of receipt of the recommended decision, the secretary shall review the record of the hearing and issue a final order affirming the denial of an application for, or suspension or revocation of, a license or permit or reversing the denial, suspension, or revocation and authorizing issuance or reinstatement of a license or permit. The department shall mail a copy of the final order to the respondent. The final order shall be based upon substantial, competent, and relevant evidence and testimony appearing in the record of hearing.
M. Appeals. A respondent adversely affected by a final order of the department may file a petition for a writ of certiorari, pursuant to Rule 1-075 NMRA, in the district court in the county where the respondent resides within thirty (30) days of the date the final order was postmarked. The appellant shall bear the costs of the appeal.
[10.8.2.27 NMAC – Rp, 10.8.2.26 NMAC, 10-17-16]
10.8.2.28 DEPARTMENTAL IMMUNITY: The department, or any employee of the department, shall not be criminally or civilly liable for acts:
A. performed by the department or employee in good faith based on information available to the department or employee at the time the act was performed;
B. committed by a licensee; or
C. committed by a person approved by the department or employee to offer a firearms training course.
D. occurring during and through the course of any proceeding pertaining to a concealed carry license.
[10.8.2.28 NMAC – Rp, 10.8.2.28 NMAC, 10-17-16]
10.8.2.29 RECIPROCITY: The secretary or his designee shall have discretionary authority to afford transfer or reciprocity to a concealed handgun license issued by another state. Transfer or reciprocity may be granted if the other state:
A. issues a license or permit with an expiration date printed on the license or permit;
B. is available to verify the license or permit status for law enforcement purposes within three days of request;
C. has disqualification, suspension and revocation requirements for a concealed handgun license or permit;
D. requires that an applicant for a concealed handgun license or permit submit to a national criminal history background check;
E. requires that an applicant not be prohibited from possessing firearms pursuant to federal or state law; and
F. requires that an applicant satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship.
G. Each state which the department has afforded transfer or reciprocity shall be listed on the department’s web page.
H. No reciprocity shall be afforded to a license issued by another state to a New Mexico resident.
[10.8.2.29 NMAC – Rp, 10.8.2.29 NMAC, 10-17-16]
10.8.2.30 CURRENT LAW ENFORCEMENT OFFICERS OR MOUNTED PATROL OFFICERS:
A. Any current law enforcement officer residing in New Mexico shall be allowed to obtain a five (5) year concealed handgun carry license by submitting:
(1) all forms as required in Section 10.8.2.11 of these rules;
(2) a letter from his or her agency head verifying that the applicant is employed in good standing and is qualified under Section 29-19-4 of the act;
(3) a copy of his or her law enforcement certification and number; and
10.8.2 NMAC 15
(4) a copy of his or her latest firearms qualification score with category and caliber designated, signed and dated by the authorized firearms instructor conducting the course.
B. An application may be denied if:
(1) the head of the law enforcement agency employing the officer requests in writing that a license not be issued and supplies sufficient information to enable the department to determine if the denial should be granted; or
(2) if the applicant has pending criminal charges or serious administrative allegations involving his or her conduct as a law enforcement officer.
C. The agency and applicant will be notified in writing of the department’s decision. If denied, the applicant may follow the process contained in Section 10.8.2.27.
D. The applicant’s agency will be notified of any disqualifying information that may become known during the background check.
E. A license issued under this section may not be used, and must be turned in to the department’s concealed carry unit, when the officer is no longer employed by a law enforcement agency.
[10.8.2.30 NMAC – Rp, 10.8.2.30 NMAC, 10-17-16]
10.8.2.31 RETIRED LAW ENFORCEMENT OFFICERS: Any retired law enforcement officer shall be allowed to obtain a five (5) year concealed handgun carry license if the retired law enforcement officer:
A. has submitted all forms as required in these rules, including Section 10.6.2.12;
B. is a resident of the state of New Mexico;
C. has retired from a law enforcement agency after a minimum of fifteen (15) years employment, unless the retirement was due to a job related disability;
D. has submitted a letter from the agency verifying employment if the fifteen (15) years is with more than one agency;
E. has submitted a letter from the agency verifying employment he or she retired from which indicates he or she retired in good standing with the effective date of retirement;
F. has submitted a copy of his or her last firearms qualification scores indicating category and caliber designation, dated and signed by the department’s firearms instructor;
G. has taken a firearms course in accordance with the act if the officer has been retired longer than ten years at the time of application;
H. has submitted a copy of his or her law enforcement certification and number; and
I. has qualified and adheres to the provisions of the act and these rules.
[10.8.2.31 NMAC – Rp, 10.8.2.31 NMAC, 10-17-16]
10.8.2.32 MILITARY SERVICE PERSONS: Any military service persons shall be allowed to obtain a five (5) year concealed handgun carry license under the following requirements:
A. by submitting all forms as required in these rules, including Section 10.8.2.12; and
B. documentation satisfactory to the department that the applicant is a military service person; or
C. documentation satisfactory to the department that the applicant was a prior military service person honorably discharged.
[10.8.2.31 NMAC – N, 10-17-16]
HISTORY OF 10.8.2 NMAC:
10.8.2 NMAC, Carrying Concealed Handguns, filed on 9-4-01, was removed pursuant to Supreme Court Opinion 2002 NMSC-017.
10.8.2 NMAC, Carrying Concealed Handguns, was refiled on 11-14-03, effective 11-26-03.
History of repealed material.
10.8.2 NMAC, Carrying Concealed Handguns, effective 11-26-03, was repealed and replaced effective 10-17-2016.