reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.17 - WIRELESS COST RECOVERY GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
After requesting WE911 (wireless enhanced E911) from a CMRS,
				  local governing bodies may, by ordinance or resolution in a form specified by
				  the division, recover from the fund pursuant to Subsection G of Section
				  63-9D-8
				  NMSA 1978, the CMRS wireless enhanced 911 service carrier costs that meet the
				  requirements in 10.6.2.17 NMAC. Pursuant to Subsection G of Section
				  63-9D-8
				  NMSA 1978, the division, on behalf of local governing bodies, shall directly
				  pay or reimburse CMRS for their costs of providing WE911 service. In order to
				  maintain adequate funding in the fund to provide enhanced 911 service and
				  equipment to local governing bodies pursuant to Section
				  63-9D-8
				  NMSA 1978, the division shall reimburse only costs incurred by CMRS to provide
				  enhanced wireless 911 service to municipal and county public safety answering
				  points that are in accordance with the following:
A. All CMRS carriers shall submit a detailed
				cost recovery plan (plan), invoices and status reports to the division that
				meet the following criteria.
(1) The plan and
				invoices shall include the one time, non-recurring cost (NRC) incurred by the
				CMRS carrier for the connection fee to the two 911 access tandems and the NRC
				for the wireless systems service provider (3rd party vendor).
(2) The plan and invoices shall include the
				CMRS carrier's monthly recurring (MRC) for trunking (T-1's to the two 911
				access tandems) and the MRC for the wireless systems service provider (3rd
				party vendor).
(3) All other CMRS
				carrier costs are not currently eligible for cost recovery.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons who wish to carry a
				  concealed handgun or to be an approved instructor in New
				  Mexico.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  29-19-1
				  through Section
				  29-19-15
				  NMSA 1978; Section
				  30-7-2
				  NMSA 1978; Section
				  30-7-2.1
				  NMSA 1978; and Section
				  30-7-2.4
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 2016, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the Concealed
				  Handgun Carry Act by establishing requirements and procedures governing
				  licenses to carry concealed handguns and approval of instructors and firearms
				  training courses.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section 29-19 -2 NMSA
				  1978, unless the context clearly indicates otherwise, as used in this
				  rule:
A.
act
means the
				Concealed Handgun Carry Act, Sections 29-19 -1 through 29-19-15 NMSA
				1978;
B.
approved
				instructor
means a person to whom the department has issued a permit to
				provide all or any part of classroom and firing range instruction;
C.
controlled substance
means
				controlled substance as defined in the New Mexico Controlled Substances Act,
				Sections 30-31 -4 et seq. NMSA 1978, or a similar act of any other
				jurisdiction;
D.
conviction
means an adjudication of guilt, and includes a guilty
				plea, judgment, or verdict, no contest, nolo contendere, conditional plea of
				guilty, or any other plea that would result in an adjudication of guilt in any
				court of competent jurisdiction. A conviction includes a deferred sentence and
				a conditional discharge prior to satisfaction of the conditions and after
				satisfaction of conditions where required by the act;
E.
court
means any federal,
				state, county, municipal, or tribal court;
F.
days
means business days when
				the period referenced is 10 days or less, and calendar days when the period
				referenced is 11 days or more;
G.
department
means the New Mexico department of public
				safety;
H.
instructor
				applicant
means a person seeking a permit as an approved
				instructor;
I.
mounted
				patrol
means a current member of the New Mexico mounted patrol who has
				successfully completed a law enforcement academy basic law enforcement training
				program for New Mexico mounted patrol members pursuant to Section 29-6 -4.1
				NMSA 1978;
J.
military
				service person
means a person who:
(1)
				is on active duty with the United States armed forces;
(2) is on reserve or guard duty with the
				United States armed forces;
(3) is
				a veteran or a retiree who received an honorable discharge as indicated on a
				United States department of defense form 214; or
(4) is his or her dependent.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.8 - FILINGS AND CORRESPONDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
To the department.
(1) A person
				shall address all filings and correspondence relating to hearings held pursuant
				to this rule to the New Mexico Department of Public Safety, Post Office Box
				1628, Santa Fe, New Mexico 87504-1628, Attention: Office of Legal
				Affairs-Concealed Handgun Section.
(2) A person shall address all filings and
				correspondence relating to licenses, instructor approval, meetings, and all
				other matters to the New Mexico Department of Public Safety, Concealed Handgun
				Licensing Unit, 6301 Indian School Road NE, Suite 310, Albuquerque, New Mexico
				87110.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.9 - INCOMPLETE FILINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may deny or reject an incomplete filing. A
				  filing will be considered incomplete if:
A. it is unsigned;
B. documents that are required to be
				certified or notarized are not certified or notarized;
C. it omits any information required by law
				or department rule, form, or order;
D. it is not filed on a department-prescribed
				form and a form exists for that purpose; or
E. the required fee is not paid with the
				application.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.10 - DEPARTMENT-PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Use
				required.
The department has prescribed forms to carry out certain
				requirements of this rule. The most current version of a department form must
				be used when a form exists for that purpose, unless the department waives this
				requirement.
B.
How to
				obtain.
Department-prescribed forms may be obtained:
(1) at New Mexico state police offices
				throughout the state; or
(2) from
				the department's website at
www.dps.state.nm.org
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.11 - APPLICATION REQUIREMENTS FOR A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Filing.
An applicant must
				file an application for a license with the department in person or by
				mail.
B.
Fees.
All
				fees are non-refundable, and are required by the act or this rule to be paid to
				the department and shall be in the form of cash, credit card, a personal check,
				cashier's check, certified check, or money order made payable to the New Mexico
				department of public safety.
C.
Completeness.
All applications must be complete and legible.
(1) If an application is incomplete, the
				department will return the application and a letter outlining the deficiencies
				in the application to the applicant by regular mail. The applicant will have 45
				days from the date the letter is postmarked to cure the deficiencies. If the
				applicant fails to return the application to the department within 45 days from
				the date the letter was postmarked, the application will be deemed abandoned,
				the application file will be closed, and all fees paid will be forfeited to the
				state. The department will send a letter notifying the applicant that the
				application has been deemed abandoned, the file has been closed, and all fees
				paid have been forfeited to the state.
(2) If the applicant returns the application
				to the department within 45 days from the date the initial letter was
				postmarked but the application is still deficient, the department will return
				the application and a second letter outlining the deficiencies in the
				application to the applicant by regular mail. The applicant will have 30 days
				from the date the second letter is postmarked to cure the deficiencies. If the
				applicant fails to return the application to the department within 30 days from
				the date the second letter was postmarked, or returns the application but it is
				still deficient, the application will be deemed abandoned, the application file
				will be closed, and all fees paid will be forfeited to the state. The
				department will send a letter notifying the applicant that the application has
				been deemed abandoned, the file has been closed, and all fees paid have been
				forfeited to the state.
(3) An
				applicant may contact the concealed carry unit to inquire about the status of
				his or her application. Agents may provide the information to the applicant
				after the applicant has supplied sufficient identifiers such as address, social
				security number, date of birth, etc.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.12 - OTHER REQUIRED DOCUMENTS FOR A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the application form, each applicant shall
				  submit copies of other documents required by the act or this rule to the
				  department as set forth below. The copies must clearly show the name of the
				  applicant and all signatures and pertinent information. The department will not
				  accept copies that are too dark, too light, blurry, or otherwise unreadable. An
				  applicant may request the return of original documents by so stating and
				  enclosing a self-addressed stamped envelope.
A.
Proof of residency.
(1) An applicant may prove residency in New
				Mexico by submitting a copy of a valid New Mexico driver's license or personal
				identification card issued by the motor vehicle division of the taxation and
				revenue department and one of the following:
(a) proof that the applicant is registered to
				vote in New Mexico;
(b) a state or
				government issued license with name and address;
(c) a United States armed forces
				identification card and orders of permanent duty station in New Mexico or a
				U.S. armed forces dependent ID card and orders of the individual claiming the
				applicant as a dependent; or
(d)
				other proof acceptable to the department.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.13 - LICENSE APPLICATION REVIEW AND ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Time period for review.
In
				accordance with Subsection (A) of Section 29-19 -6 NMSA 1978, the department
				shall review the application, conduct a national criminal background check of
				each applicant, and make a determination within thirty (30) days of the date
				the department receives a complete application and background check.
B.
Determination by department.
(1)
Approval.
If the department
				finds that the applicant meets the requirements in the act and this rule for
				issuance of a license, the department shall issue a license.
(2)
Denial.
If the department
				finds that the applicant does not meet the requirements for issuance of a
				license, the department shall issue a notification of denial in accordance with
				10.8.2.21
				NMAC. The notification of denial shall cite requirement(s) of the act or this
				rule that the applicant has failed to meet.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.14 - FINGERPRINTING OF APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants shall submit electronic fingerprints. The
				  department may refuse to accept fingerprints it determines are not legible and
				  classifiable.
A.
Responsibilities of applicant.
The applicant must present a valid
				government-issued photographic identification card.
B.
Responsibilities of person recording
				the fingerprints.
The person who records the applicant's fingerprints
				shall verify that the government-issued photographic identification card is of
				the person being fingerprinted.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.15 - FIREARMS TRAINING FOR APPLICANTS AND LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All 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.
(1) An applicant seeking a license
				shall satisfactorily complete an initial firearms training course approved by
				the department that includes at least 15 hours of classroom and firing range
				instruction as specified in Subsection (A) of Section
				29-19-7
				NMSA 1978 except:
(a) a department approved
				instructor;
(b) a current law
				enforcement officer;
(c) a retired
				law enforcement officer who has been retired 10 years or less at time of
				application;
(d) active military
				personnel;
(e) military service
				persons who have been discharged within 20 years prior to the time of
				application; or
(f) mounted patrol
				members who have successfully completed a law enforcement training program for
				New Mexico mounted patrol.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.17 - LICENSE RENEWAL AND TRANSFER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
To renew a New Mexico
				license.
A licensee may submit an application for a renewed license on
				the form prescribed by the department.
(1)
				The licensee may submit the application anytime from 60 days before, and until
				60 days after the license expires. If the license has expired, a licensee shall
				not carry a concealed handgun until he or she receives a renewed
				license.
(2) The licensee shall
				complete a refresher firearms training course prior to filing the
				application.
(3) The licensee shall
				submit to the department:
(a) electronic
				fingerprints as required by Section 29-19 -5 NMSA 1978 and
				10.8.2.14
				NMAC, unless electronic fingerprints are already on file with the
				department;
(b) a certified copy of
				a certificate of completion for a refresher firearms training course approved
				by the department issued by an approved instructor not more than 90 days prior
				to the date the application is filed;
(c) a nonrefundable $75 renewal fee;
				and
(d) a copy of New Mexico
				driver's license or other government issued identification which contains a
				picture.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.18 - ADDITIONAL HANDGUN ENDORSEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
If a licensee wishes to add another category or additional
				  higher calibers of handguns to his or her license, the licensee shall file with
				  the department an endorsement application. The licensee shall also submit a
				  certified copy of a certificate of completion from an approved instructor
				  stating that the licensee has demonstrated competency on a firing range for
				  each additional category and caliber of handgun, his or her current license,
				  and a $10 processing fee. The licensee need not retake the classroom portion of
				  the firearms training course. The department shall issue an updated license
				  within 10 days of receipt of the application. The updated license shall expire
				  on the same date as the original license would have expired. In accordance with
				  Section
				  29-19-9
				  NMSA 1978, a licensee shall not carry the higher caliber concealed handgun
				  until he or she receives the updated license
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.19 - REPLACEMENT LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Change of name address, or status:
A licensee who changes his or
				her name, address or law enforcement status shall file within 30 days:
(1) an application for a replacement license
				on the form prescribed by the department;
(2) if applicable, a certified copy of a
				legal document proving the change of name;
(3) a nonrefundable $10 processing fee;
				and
(4) if applicable, proof of
				reemployment with a law enforcement agency.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.20 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authority
				to disarm.
A peace officer acting in the lawful discharge of his or her
				official duties is authorized to disarm a licensee at any time the peace
				officer reasonably believes it is necessary for the protection of the licensee,
				peace officer or another individual. The peace officer shall return the handgun
				to the licensee before dismissing the licensee from the scene if the peace
				officer has determined that the licensee is not a threat to himself or herself,
				the peace officer, or other individuals, provided that the licensee has not
				violated any provision of the act or this rule, or committed any other
				violation which could result in arrest of the licensee. If the peace officer
				has probable cause to believe that the handgun is stolen, has an altered serial
				number, or has been used in the commission of a crime, the peace officer shall
				hold the handgun in evidence and shall submit a copy of his or her agency
				report to the department within 10 days.
B.
Authority to confiscate
				license.
A peace officer may confiscate a license if the licensee has
				violated any provision of the act or this rule, or committed any other
				violation that could result in arrest of the licensee. If the licensee has
				committed a violation of the act or rule warranting suspension or revocation of
				the license, the officer shall file an affidavit of violation as provided in
				Subsection B of
				10.8.2.21
				NMAC. A police report may be submitted in lieu of an affidavit.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.21 - DENIAL, SUSPENSION AND REVOCATION OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Grounds.
The department may
				deny, suspend or revoke a license if the licensee:
(1) is found to have violated any provision
				of the act or this rule;
(2) is a
				fugitive from justice, in accordance with Paragraph (4) of Subsection (A) of
				Section 29-19 -4NMSA 1978;
(3) is
				convicted of a felony, in accordance with Paragraph (5) of Subsection (A) of
				Section 29-19 -4 NMSA 1978, including a conditional discharge until discharged,
				a diversion until its terms are completed, a deferment, a guilty plea, a plea
				of nolo contendere, or Alford plea;
(4) is under indictment, cited, or summoned
				to Court to answer for a felony criminal offense, in accordance with Paragraph
				(6) of Subsection (A) of Section 29-19 -4 NMSA 1978;
(5) is prohibited by law from purchasing or
				possessing a firearm, in accordance with Paragraph (7) of Subsection (A) of
				Section 29-19 -4 NMSA 1978 or any federal database or law;
(6) is adjudicated mentally incompetent or
				committed to a mental institution, in accordance with Paragraph (8) of
				Subsection (A) of Section 29-19 -4 NMSA 1978;
(7) is addicted to alcohol or controlled
				substances, in accordance with Paragraph (9) of Subsection (A) of Section 29-19
				-4 NMSA1978;
(8) receives a
				conditional discharge, a diversion or a deferment or is convicted of, pleads
				guilty to or enters a plea of nolo contendere to a misdemeanor offense
				involving a crime of violence within 10 years immediately preceding the
				application, in accordance with Paragraph (1) of Subsection (B) of Section
				29-19 -4 NMSA 1978;
(9) is
				convicted of a misdemeanor offense of driving while under the influence of
				intoxicating liquor or drugs within five years immediately preceding the
				application, in accordance with Paragraph (2) of Subsection (B) of Section
				29-19 -4 NMSA 1978;
(10) is
				convicted of a misdemeanor offense of the possession or abuse of a controlled
				substance within 10 years immediately preceding the application, in accordance
				with Paragraph (3) of Subsection (B) of Section 29-19 -4 NMSA 1978;
(11) is convicted of a misdemeanor offense of
				assault or assault against a household member, battery or battery against a
				household member, in accordance with Paragraph (4) of Subsection (B) of Section
				29-19 -4 NMSA 1978; or
(12) is
				subject to a valid protective order issued by a court.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.23 - BACKGROUND INVESTIGATIONS OF APPLICANTS AND INSTRUCTOR APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall conduct a state and national criminal
				  background check, and a court records check for protective orders, of each
				  applicant for an original, transferred or renewed license. The department shall
				  conduct a state criminal background check, and a court records check for
				  protective orders, for each instructor applicant for an original or renewed
				  instructor's permit. The department may require certain applicants to provide
				  information or execute documents to enable the department to obtain criminal
				  history records of disposition of charges. The department may conduct such
				  other investigation of an applicant as the department deems necessary to
				  determine an applicant's suitability for a license or instructor's
				  permit.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.24 - RESPONSIBILITIES OF APPROVED INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum standards for
				instruction.
An approved instructor shall:
(1) engage as instructors only those persons
				who have been issued a permit by the department, except as provided in
				Subsection C of this section;
(2)
				have no more students in the classroom or on an indoor firing range than the
				maximum occupancy allowed by the state or local fire code;
(3) use classroom facilities that comply with
				all federal, state, and local laws relating to persons with disabilities,
				public health, safety, and sanitation, including restroom facilities;
(4) use only the curriculum, course
				materials, handouts, and videos approved by the department;
(5) display the permit issued by the
				department in an appropriate and visible location;
(6) not permit a student to begin a firearms
				training course until the student has received written information stating all
				fees, including incidental costs, charged for the course, policies for passing
				and failing, refund and reschedule policies, and attendance
				requirements.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.25 - IN-SERVICE TRAINING CYCLE FOR CONCEALED CARRY INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All New Mexico
				approved instructors shall receive a minimum of eight hours of training
				biennially.
B. Required training
				may be conducted by the department's concealed carry program at regional
				locations and, where scheduling will allow, the concealed carry program will
				assign staff to instruct the course.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.26 - SUSPENSION AND REVOCATION OF AN INSTRUCTOR PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Grounds.
The department may
				suspend or revoke a permit if the approved instructor:
(1) is the subject of valid complaints from
				applicants, licensees, or other approved instructors;
(2) violates any of the grounds stated in
				Subsection A of
				10.8.2.21
				NMAC with respect to a license;
(3)
				violates any provision of the act or these rules; or
(4) fails to improve after having been
				sanctioned.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.27 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Written notice required.
The department shall mail a notification
				of the decision to deny, suspend, or revoke a permit and instructions for
				requesting a hearing to the respondent in accordance with Subsection B of
				10.8.2.8
				NMAC. The notice shall become final on the 30th day after the date the notice
				was postmarked unless the department receives a request for a hearing, or the
				notice is returned to the department as undeliverable, before that date, in
				which case it is immediately final.
B.
Request for hearing.
A
				respondent who seeks reconsideration of a notification of denial, suspension,
				or revocation shall file a request for hearing. The request for hearing shall:
(1) be in writing;
(2) be received by the department within 30
				days from the date on the notification;
(3) state with specificity the basis for
				challenging the notification; and
(4) provide any additional documentation to
				support the challenge.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.28 - DEPARTMENTAL IMMUNITY

Current through Register Vol. 35, No. 13, July 16, 2024
The department, or any employee of the department, shall not
				  be criminally or civilly liable for acts:
A. performed by the department or employee in
				good faith based on information available to the department or employee at the
				time the act was performed;
B.
				committed by a licensee; or
C.
				committed by a person approved by the department or employee to offer a
				firearms training course.
D.
				occurring during and through the course of any proceeding pertaining to a
				concealed carry license.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.29 - RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary or his designee shall have discretionary
				  authority to afford transfer or reciprocity to a concealed handgun license
				  issued by another state. Transfer or reciprocity may be granted if the other
				  state:
A. issues a license or permit
				with an expiration date printed on the license or permit;
B. is available to verify the license or
				permit status for law enforcement purposes within three days of
				request;
C. has disqualification,
				suspension and revocation requirements for a concealed handgun license or
				permit;
D. requires that an
				applicant for a concealed handgun license or permit submit to a national
				criminal history background check;
E. requires that an applicant not be
				prohibited from possessing firearms pursuant to federal or state law;
				and
F. requires that an applicant
				satisfactorily complete a firearms safety program that covers deadly force
				issues, weapons care and maintenance, safe handling and storage of firearms and
				marksmanship.
G. Each state which
				the department has afforded transfer or reciprocity shall be listed on the
				department's web page.
H. No
				reciprocity shall be afforded to a license issued by another state to a New
				Mexico resident.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.30 - CURRENT LAW ENFORCEMENT OFFICERS OR MOUNTED PATROL OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any current law
				enforcement officer residing in New Mexico shall be allowed to obtain a
				five-year concealed handgun carry license by submitting:
(1) all forms as required in
				10.8.2.11
				NMAC;
(2) a letter from his or her
				agency head verifying that the applicant is employed in good standing and is
				qualified under Section 29-19 -4 NMSA 1978;
(3) a copy of his or her law enforcement
				certification and number; and
(4) a
				copy of his or her latest firearms qualification score with category and
				caliber designated, signed and dated by the authorized firearms instructor
				conducting the course.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.31 - RETIRED LAW ENFORCEMENT OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
Any retired law enforcement officer shall be allowed to
				  obtain a five-year concealed handgun carry license if the retired law
				  enforcement officer:
A. has submitted
				all forms as required in these rules, including
				10.6.2.12
				NMAC;
B. is a resident of the state
				of New Mexico;
C. has retired from
				a law enforcement agency after a minimum of 15 years employment, unless the
				retirement was due to a job related disability;
D. has submitted a letter from the agency
				verifying employment if the 15 years is with more than one agency;
E. has submitted a letter from the agency
				verifying employment he or she retired from which indicates he or she retired
				in good standing with the effective date of retirement;
F. has submitted a copy of his or her last
				firearms qualification scores indicating category and caliber designation,
				dated and signed by the department's firearms instructor;
G. has taken a firearms course in accordance
				with the act if the officer has been retired longer than ten years at the time
				of application;
H. has submitted a
				copy of his or her law enforcement certification and number; and
I. has qualified and adheres to the
				provisions of the act and these rules.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 8 - WEAPONS AND EXPLOSIVES › Part 2 - CARRYING CONCEALED HANDGUNS › Section 10.8.2.32 - MILITARY SERVICE PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any military service persons shall be allowed to obtain a
				  five-year concealed handgun carry license under the following
				  requirements:
A. by submitting all
				forms as required in these rules, including
				10.8.2.12
				NMAC; and
B. documentation
				satisfactory to the department that the applicant is a military service person;
				or
C. documentation satisfactory to
				the department that the applicant was a prior military service person honorably
				discharged.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Public Safety
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All eligible Edward Byrne Justice Assistance Grant Program
				  (JAG) applicants
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Section
				  9-19-6.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to award by federal agency
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2000 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The U.S.
				department of justice, bureau of justice assistance (BJA), under the American
				Recovery Act of 2009 ( Public Law 111-5 (the "Recovery
				Act") and by 42 U.S.C 37519 a ) provides states and units of local government
				with funds to provide additional personnel, equipment, supplies, contractual
				support, training, technical assistance, and information systems for criminal
				justice.
B. This initiative is
				intended to add to, augment or supplement, not replace, resources already
				committed to the drug and violent crime control effort.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Reserved
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.8 - ELIGIBLE APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
Eligible applicants are limited to local units of government
				  only. A unit of local government is : a town, township, village, parish, city,
				  county, or other general purpose political subdivision of a state; any law
				  enforcement district or judicial enforcement district that is established under
				  applicable state law and has authority to, in a manner independent of other
				  state entities, establish a budget and impose taxes; or federally recognized
				  Indian tribe or Alaskan native organization that performs law enforcement
				  functions as determined by the secretary of the interior. In addition, local
				  units of government who are eligible to receive a direct award through the
				  bureau of justice assistance are not eligible to apply to the department of
				  public safety for JAG funding. The department of public safety will accept
				  applications for private or for profit businesses, limited to the evaluation
				  component only.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.9 - INELIGIBLE APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
The following jurisdictions are eligible to receive a
direct
JAG award through BJA; therefore, the following
				  jurisdictions
are not
eligible to receive funding through the New
				  Mexico department of public safety.
A.
				Acoma tribal police department
B.
				Alamogordo city
C. Artesia
				city
D. Aztec city
E. Belen city
F. Bloomfield city
G. Cibola city
H. De Baca county
I. Deming city
J. Grants city
K. Lincoln county
L. Los Alamos county
M. Los Lunas village
N. Luna county
O. Otero county
P. Pueblo of Laguna tribal police
				department
Q. Rio Arriba
				county
R. Ruidoso village
S. Taos county
T. Taos tribal police department
U. Taos town
V. Torrance county
W. Valencia county
X. Zuni tribal police department
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.10 - HOW TO APPLY

Current through Register Vol. 35, No. 13, July 16, 2024
Application packets will be available after August 31, 2009.
				  To obtain a packet in either electronic form or hard copy, contact: the grants
				  management bureau, department of public safety, 4491 Cerrillos Road, Post
				  Office Box 1628, Santa Fe, New Mexico 87504-1628 or by calling (505) 827-3347
				  or (505) 827-9112. Application packets must be completed in full with
				  appropriate signatures, postmarked or delivered to the grants management bureau
				  by 5:00 P.M. on September 25, 2009.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.11 - DISTRIBUTION OF FORMULA FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Variable pass-through: A minimum of 49.29% must be passed
				  through to local units of government (as defined in
				  10.10.2.8
				  NMAC). States may exceed the minimum pass-through by providing funds not used
				  at the state level to local units of government. State funds are available for
				  the evaluation component only.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.12 - AUTHORIZED PROJECTS/PROGRAM AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authorized programs for Recovery Act
				funding are listed below. Approved program purpose areas:
(1) law enforcement
(2) planning, evaluation and technology
				improvement programs.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.14 - APPLICATION PARTS

Current through Register Vol. 35, No. 13, July 16, 2024
The application must include all of the following parts in
				  order to be considered for this funding.
A. Title page: (one page limit) Name of
				agency, project title, and purpose area.
B. Coversheet: (one page limit) Application
				(lead agency), address, county/counties served, congressional district, contact
				person, contact person telephone number, agency type, application type, joint
				application, federal grant funds requested, program area, and
				certification.
C. Table of
				contents: (one page limit) The table of contents should list the contents of
				the application, in the order in which they appear.
D. General overview: (one page limit) State a
				general overview of the program, to include what your program will accomplish,
				keeping it simple and to the point.
E. Problem statement: (no more than five page
				limit) Should include, but not limited to: description of the geographic area
				affected; description of the problem; who does the problem affect; how will
				program address the problem; and, provide statistical data to reinforce problem
				data.
F. Goals, objectives, and
				methods of accomplishments: (no page limit) Explain the goal of the project in
				simple and straight-forward terms, one or two goals specifically related to the
				program's purpose area are sufficient. Each goal should have at least one
				measureable output linked to a desired outcome. Additionally, explain how the
				program will preserve and create jobs as outlined in the Recovery Act. The
				goals, objectives, and methods of accomplishments must include:
(1) project objectives that are linked to
				meaningful and measureable outcomes consistent with the goals of the Recovery
				Act, and the likelihood of achieving such outcomes, such as job creation and
				preservation;
(2) organization
				capabilities and competencies, including a description of how the organization
				will track all drawdowns and grant expenditures separately from other funding
				sources;
(3) activities that can be
				started and completed expeditiously, and in a manner that maximizes job
				creation and economic benefits.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.15 - APPLICATION FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
All applications should follow the format outlined
				  below.
A. Applications should
				be typewritten except for the coversheet. The original copy must be stapled in
				the upper left hand corner and two-hole punched at the top.
B. Applications are to be typed, single
				spaced. Font size must be comparable in size to 12 point times roman or
				courier.
C. Adhere to page limits
				for each part of the grant application.
D. Place footer in lower right hand corner
				with a project title and page number.
E. Include all required forms, such as signed
				certifications.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.16 - ALLOWABLE/UNALLOWABLE EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
In order to ensure the most efficient and effective use of
				  grant funds, applicants must adhere to the following.
A. Administrative expenses: Applicants shall
				limit total administrative expenses to no more than five percent (5%) of their
				grant award. The cost of operating and maintaining facilities, depreciation,
				and administrative salaries are examples of administrative costs.
B. General salaries and personnel costs:
				Payment of personnel costs with grant funds is permitted if the costs are part
				of an approved program or project. Applicants must provide a copy of their
				agency's overtime policy with the grant application for review and prior
				approval by the department of public safety prior to overtime reimbursement.
				General salary and personnel costs must:
(1)
				reflect an after-the-fact distribution of the actual activity of each
				employee;
(2) account for the total
				activity for which each employee is compensated.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 10 - DRUG CONTROL PROGRAMS › Part 2 - APPLICATION PROCEDURES GOVERNING THE RECOVERY AND REINVESTMENT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM › Section 10.10.2.17 - REPORTING AND OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Accountability and transparency under the
				Recovery Act: consistent with the special purposes and goals of the Recovery
				Act, and its strong emphasis on accountability and transparency, it is
				essential that all funds from a Recovery Act grant be tracked, accounted for,
				and reported on separately from all other funds (including DOJ grant funds from
				non-Recovery Act grants awarded for the same or similar purposes or programs).
				Recipients must also be prepared to track and report on the specific outcomes
				and benefits attributable to use of Recovery Act funds. Each sub-recipient will
				be responsible for having completed reports sent to the grants management
				bureau
no later than five days after the end of each calendar
				quarter
. Each recipient that received recovery funds shall submit a
				report to the grants management bureau that contains:
(1) the total amount of recovery funds
				received;
(2) the amount of
				recovery funds that were expended or obligated;
(3) a detailed list of all projects or
				activities for which recovery funds were expended or obligated;
(a) the name of the project or
				activity;
(b) a description of the
				project or activity;
(c) an
				evaluation of the completion status of the project or activity;
(d) an estimate of the number of jobs created
				and the number of jobs retained by the project or activity; and,
(e) for infrastructure investments made by
				state or local governments, the purpose, total cost, and rationale of the
				agency for funding the infrastructure investment with funds made available
				under this act, and the name of the person to contact at the agency if there
				are concerns with the infrastructure investment.