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Current as of January 01, 2024 | Updated by Findlaw Staff
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 either kept in a locked container and was 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 the person's immediate control;
(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;
(5) by illegal entry to the person's property; or
(6) with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.
D. As used in this section:
(1) “brandish” means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person;
(2) “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;
(3) “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
(4) “minor” means a person under eighteen years of age.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-7-4.1. Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-7-4-1/
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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