1. A. A person commits the crime of negligently making a firearm accessible to a minor if:

   1. (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and

   2. (2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.

      Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.

2. B. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:

   1. (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and

   2. (2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.

      Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.

3. C. A person does not violate Subsection A or B of this section if a minor obtains a firearm:

   1. (1) that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;
   2. (2) that was carried on the person or within the person's immediate control;
   3. (3) that was locked with a firearm safety device that rendered the firearm inoperable;
   4. (4) in the course of self-defense or defense of another person;
   5. (5) by illegal entry to the person's property; or
   6. (6) with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.

4. D. As used in this section:

   1. (1) "brandish" means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person;
   2. (2) "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;
   3. (3) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and
   4. (4) "minor" means a person under eighteen years of age.

History: Laws 2023, ch. 5, § 1.

ANNOTATIONS

Effective dates. — Laws 2023, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.