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Current as of January 01, 2024 | Updated by Findlaw Staff
A. Unlawful possession of a firearm at a polling place consists of possession of a loaded or unloaded firearm by any person within:
(1) one hundred feet of the door through which voters may enter to vote at a school building in which a polling place is located while early voting is in progress or on election day;
(2) one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place while early voting is in progress or on election day that is not a school; or
(3) fifty feet of a monitored secured container as used in Subsection E of Section 1-6-9 NMSA 1978, beginning twenty-eight days before an election through election day.
B. The provisions of Subsection A of this section do not apply to:
(1) a certified law enforcement officer in performance of the officer's official duties;
(2) a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer's law enforcement agency;
(3) a commissioned law enforcement officer with the power to arrest in performance of the officer's official duties;
(4) a commissioned law enforcement officer with the power to arrest acting in accordance with the policies of the officer's law enforcement agency;
(5) a person in a private automobile or other private means of conveyance; or
(6) a person carrying a concealed firearm who is in possession of a valid concealed handgun license for that firearm pursuant to the Concealed Handgun Carry Act.
C. A person conducting lawful, non-election-related business nearer than one hundred feet from the door through which voters may enter to vote or nearer than fifty feet from a monitored secured container is not guilty of unlawful possession of a firearm at a polling place.
D. A person who commits unlawful possession of a firearm at a polling place is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
E. For the purposes of this section, “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 or receiver of any such weapon.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 1. Elections § 1-20-24. Unlawful possession of a firearm at a polling place - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-1-elections/nm-st-sect-1-20-24/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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