{"id":1875,"date":"2016-09-14T17:17:12","date_gmt":"2016-09-14T23:17:12","guid":{"rendered":"http:\/\/newmexicoshootingsports.com\/shootingblog\/?p=1875"},"modified":"2017-09-10T12:50:02","modified_gmt":"2017-09-10T18:50:02","slug":"hearing-on-dps-proposed-concealed-carry-rule-changes-being-held-tomorrow","status":"publish","type":"post","link":"http:\/\/newmexicoshootingsports.com\/shootingblog\/hearing-on-dps-proposed-concealed-carry-rule-changes-being-held-tomorrow\/","title":{"rendered":"Hearing on DPS-Proposed Concealed Carry Rule Changes Being Held Tomorrow!"},"content":{"rendered":"

Deadline to submit written comments by email is tomorrow morning!<\/strong><\/h2>\n

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.\u00a0 The proposed rule(s) can be found\u00a0here.<\/p>\n

Comments may also be submitted by email to\u00a0<\/strong>Kathleen.romero@state.nm.us<\/strong><\/a>by no later than when the hearing begins at 9:30am on September 15.<\/strong><\/h3>\n

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.\u00a0\u00a0However, there are a number of policy changes unrelated to that bill which impact applicants, licensees and instructors, the most significant of which are below.\u00a0 This is not an exhaustive list of the changes that impact these categories of individuals.<\/em><\/strong><\/p>\n

The proposed rule appears to invalidate out-of-state licenses held by New Mexico residents.<\/strong><\/h3>\n

Proposed Rule 10.8.2.15 (A) \u201cAll 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.\u201d\u00a0 (\u201cResident\u201d, according to Proposed Rule 10.8.2.7 means \u201ca 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.\u201d)<\/p>\n

Proposed Rule 10.8.2.17 (B) To transfer a license from another state.\u00a0 \u201cA person establishing New Mexico residency must transfer his or her license from another state.\u00a0 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.\u00a0 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.\u201d<\/p>\n

The first proposed rule appears to cover all New Mexico residents, current and prospective, and the second proposed rule applies to people establishing residency.\u00a0 The second appears to allow someone establishing residency to apply for a New Mexico renewed\u00a0<\/em>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 \u201can 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.” \u00a0Since New Mexico\u2019s training requirements exceed all other states\u2019, 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 \u2013 which, again, involves a minimum of 15 hours of training.<\/p>\n

Who will this impact?<\/strong><\/h3>\n