New Mexico Statutes 1-20-24. Unlawful possession of a firearm at a polling place
A. Unlawful possession of a firearm at a polling place consists of possession of a loaded or unloaded firearm by any person within:
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| petty misdemeanor | up to 6 months | up to $500 |
(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 [N.M. Stat. Ann. Chapter 29, Article 7] acting in accordance with the policies of the officer’s law enforcement agency;
(3) a person in a private automobile or other private means of conveyance; or
(4) 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 [N.M. Stat. Ann. Chapter 29, Article 19].
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 N.M. Stat. Ann..
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.