2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 7 - Weapons and Explosives
Section 30-7-2.1 - Unlawful carrying of a deadly weapon on school premises.

Universal Citation: NM Stat § 30-7-2.1 (2021)

A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

(1) a peace officer;

(2) school security personnel;

(3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;

(4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or

(5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

B. As used in this section, "school premises" means:

(1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or

(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.

C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony.

History: Laws 1987, ch. 232, § 1; 1989, ch. 285, § 1; 1994, ch. 17, § 1.

ANNOTATIONS

Cross references. — For provision mandating adoption of student discipline policies pertaining to weapons in school, see 22-5-4.7 NMSA 1978.

The 1994 amendment, effective July 1, 1994, inserted "older than nineteen years of age" in Paragraph A(5); and, in Subsection B, divided the formerly undivided language into an introductory paragraph and Paragraph (1), added Paragraph (2) and, in Paragraph (1), deleted "on school grounds" following "bus" and added "or" at the end.

The 1989 amendment, effective June 16, 1989, substituted "fourth degree felony" for "misdemeanor" at the end of Subsection C.

Scope and factual determinations to be made by jury. — "Carrying" does not a have a broader meaning for purposes of this section than the general definition set forth in 30-7-1 NMSA 1978, and whether the defendant was carrying a weapon was a factual matter to be determined by the jury. State v. Salazar, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.

Readily accessible. — Evidence that a loaded gun was located in the trunk of the defendant's car where he could easily get at it was sufficient to show that it was readily accessible, and the evidence was thus sufficient to establish that the weapon was carried onto school premises in violation of this section. State v. Salazar, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.

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