Hearing on DPS-Proposed Concealed Carry Rule Changes Being Held Tomorrow!

Deadline to submit written comments by email is tomorrow morning!

On Thursday, September 15, at 9:30am, the New Mexico Department of Public Safety will hold a public hearing at the Law Enforcement Academy Auditorium, located at 4491 Cerrillos Road in Santa Fe, to receive public comment and input on the proposed repeal and replacement of Rule 10.8.2 NMAC that implements the Concealed Handgun Carry Act and establishes requirements and procedures regarding licenses to carry, instructors and firearms training courses. The proposed rule(s) can be found here.

Comments may also be submitted by email to Kathleen.romero@state.nm.usby no later than when the hearing begins at 9:30am on September 15.

The purpose of this new rule, ostensibly, was to address changes made to the statute with the passage of House Bill 431 by Representative Wooley in 2015 (relating to concealed handgun application fees and training requirements for New Mexico Mounted Patrol and military service members) and to account for advances in technology that allow for electronic fingerprinting of concealed handgun license applicants. However, there are a number of policy changes unrelated to that bill which impact applicants, licensees and instructors, the most significant of which are below. This is not an exhaustive list of the changes that impact these categories of individuals.

The proposed rule appears to invalidate out-of-state licenses held by New Mexico residents.

Proposed Rule 10.8.2.15 (A) “All New Mexico residents must attend a department approved firearms training course taught by a department approved instructor unless he or she received the license by transfer of an out-of-state license.” (“Resident”, according to Proposed Rule 10.8.2.7 means “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 otherwise entitled to claim residence in another state.”)

Proposed Rule 10.8.2.17 (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.”

The first proposed rule appears to cover all New Mexico residents, current and prospective, and the second proposed rule applies to people establishing residency. The second appears to allow someone establishing residency to apply for a New Mexico renewed license (which normally involves a four-hour refresher training course) when transferring an out-of-state license, but then requires the applicant for transfer to complete “an initial firearms training course [15 hours of instruction] if the firearms training required by the other state does not meet New Mexico firearms training requirements.” Since New Mexico’s training requirements exceed all other states’, the practical effect of this provision is that anyone moving to New Mexico will ultimately be required to go through a process equivalent to applying for an original New Mexico concealed handgun license – which, again, involves a minimum of 15 hours of training.

Who will this impact?

Current New Mexico residents who carry legally today, and who have for years without incident, under the authority of an out-of-state reciprocal license. The New Mexico license application process is more expensive, time-consuming, and overly-burdensome when compared to other states, especially when it comes to the minimum training requirements. New Mexico law needs to be brought more in line with other states. This, along with the fact that New Mexico licenses are not recognized by as many states as other state’s licenses are, has created an incentive for New Mexico residents to seek out-of-state licenses. It is also not uncommon for New Mexico residents who live in communities bordering other states to prefer to obtain licenses from those other states if they travel there frequently for business or to visit family, for the same reasons.

Members of the armed forces of the United States who are permanently assigned to a military installation located within New Mexico, as well as their dependents, who carry legally today under the authority of an out-of-state reciprocal license. This is punitive, especially to the family members of those who serve our country and happen to be stationed in the state, and who do not enjoy the exemptions from license fees and training requirements established by House Bill 431.

Individuals moving to New Mexico for business or personal reasons, who could previously carry legally under the authority of an out-of-state reciprocal license when visiting the state temporarily. They would be forced to transfer their formerly-valid license to DPS within 90 days and, most likely, complete 15 hours of training to qualify for a New Mexico license (see explanation above.) This is punitive to those persons who permanently relocate to New Mexico. An example: a resident of Texas decides to apply for a Texas license to carry. They complete their four-to-six hour training course, pay their $140 license fee and obtain their five-year permit, which is honored in New Mexico. A year or two into the life of that Texas permit, the permit holder moves to New Mexico to retire, to care for a sick or elderly relative, or to change jobs. Within 90 days, they would be forced to essentially apply for a New Mexico license, spending additional time and money on a 15 hour training course and forfeiting three or four years of eligibility on their Texas permit once the new license is issued.

The proposed rule would require instructors to complete “in-service training” every other year.

Proposed Rule 10.8.2.25(A)&(B) In-service training cycle for concealed carry instructors. “(A) All New Mexico approved instructors shall receive a minimum of eight (8) hours of training biannually. (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.”

[Note: according to initial inquiries made to the department, the word “biannually” in the proposed rule is a typo; it should read “biennially”.] It is unclear what has prompted this new layer of regulation pertaining to instructors that is being proposed by the department more than a decade into administration of the concealed carry law. The proposed rule does not explain what type of training is required or from whom or where it may be obtained. It simply states that they department “may” be the entity to deliver it.