1. A. The department shall issue a concealed handgun license to an applicant who:

   1. (1) is a citizen of the United States;
   2. (2) is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member;
   3. (3) is twenty-one years of age or older;
   4. (4) is not a fugitive from justice;
   5. (5) has not been convicted of a felony in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;
   6. (6) is not currently under indictment for a felony criminal offense in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;
   7. (7) is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
   8. (8) has not been adjudicated mentally incompetent or committed to a mental institution;
   9. (9) is not addicted to alcohol or controlled substances; and
   10. (10) has satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry as a concealed handgun.

2. B. The department shall deny a concealed handgun license to an applicant who has:

   1. (1) received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within ten years immediately preceding the application;
   2. (2) been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application for a concealed handgun license;
   3. (3) been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application; or
   4. (4) been convicted of a misdemeanor offense involving assault, battery or battery against a household member.
3. C. Firearms training course instructors who are approved by the department shall not be required to complete a firearms training course pursuant to Paragraph (10) of Subsection A of this section.

History: Laws 2003, ch. 255, § 4; 2005, ch. 242, § 3.

ANNOTATIONS

The 2005 amendment, effective June 17, 2005, lowered the minimum age of applicants from 25 to 21 years in Subsection A(3); provided in Subsection A(10) that the applicant complete training for the largest caliber of handgun that will be licensed; provided in Subsections B(1) and (3) respectively that the department shall deny a license if the offense involved a crime of violence or possession or abuse of a controlled substance within ten years immediately preceding the application; and added Subsection C to provide that firearms training course instructors are not required to complete a firearms training course.

"Convicted" construed. — The legislature used the term "convicted" in §§ 29-19-4(A)(5) and (B)(4) NMSA 1978 to mean an adjudication of guilt, regardless of the imposition of a sentence, and because the successful completion of a deferred sentence leaves the underlying conviction intact, the term "convicted" in §§ 29-19-4(A)(5) and (B)(4) applies to defendants whose charges are dismissed following the completion of deferred sentences. Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050, cert. denied.

A deferred sentence does not eliminate the underlying criminal conviction for purposes of the Concealed Handgun Carry Act. — Where the department of public safety (DPS) denied petitioner's application for a concealed handgun license under the Concealed Handgun Carry Act (CHCA), §§ 29-19-1 through 29-19-15 NMSA 1978, concluding that petitioner was disqualified by statute from obtaining a concealed handgun license based on two prior convictions for which he received deferred sentences, and where the district court reversed DPS's denial, concluding that upon successful completion of his deferred sentences, petitioner was no longer "convicted" for purposes of the CHCA, the DPS properly denied petitioner's application for a concealed handgun license and the district court erred in finding that petitioner was no longer "convicted" for purposes of the CHCA, because even though the criminal charge is dismissed after a defendant has completed the period of deferment, the "conviction" remains, and courts have held that while a deferred sentence may remove the criminal liability, the adjudication of guilt remains and may be taken into account for other purposes. Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050, cert. denied.

Pardoned felony conviction. — A pardoned felony conviction is not, itself, sufficient grounds to deny the person convicted on the felony a concealed handgun license and if the person is otherwise qualified, the person may obtain a concealed carry license. 2014 Op. Att’y Gen. No. 14-02.