Chapter 9.45 WEAPONS

Chapter 9.45
WEAPONS

Sections:

9.45.010 Unlawful carrying of a deadly weapon.

9.45.020 Unlawful discharge of firearms.

9.45.030 Negligent use of a deadly weapon.

9.45.040 Unlawful possession of switchblades.

9.45.010 Unlawful carrying of a deadly weapon.

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

1. In the person’s residence or on real property belonging to him/her as owner, lessee, tenant or licensee;

2. In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property;

3. By a peace officer in accordance with the policies of his/her law enforcement agency who is certified pursuant to the Law Enforcement Training Act (Section 29-7-1 NMSA 1978);

4. By a peace officer in accordance with the policies of his/her law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico Law Enforcement Academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

5. By a person in possession of a valid concealed handgun license issued to him/her by the Department of Public Safety pursuant to the provisions of the Concealed Handgun Carry Act (Section 29-19-1 NMSA 1978).

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-16, 2007].

9.45.020 Unlawful discharge of firearms.

A. It is unlawful to discharge within the municipal limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile-propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided, that this section has no application in cases involving the discharge of a firearm for lawful purposes.

B. It is unlawful for anyone to shoot within the municipality any air rifle, air gun or BB gun. Parents who permit the violation of this section shall be deemed guilty of a violation of VCMC 9.40.070.

C. The provisions set forth above shall not be construed to forbid police officers from carrying, wearing, or discharging such weapons as shall be necessary in the proper discharge of their duties.

Whoever commits unlawful discharge of firearms is guilty of a petty misdemeanor. [Ord. 241 § 2-1-17, 2007].

9.45.030 Negligent use of a deadly weapon.

A. Negligent use of a deadly weapon consists of:

1. Discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his/her property;

2. Carrying a firearm while under the influence of an intoxicant or narcotic;

3. Endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or

4. Discharging a firearm within 150 yards of a dwelling or building, not including an abandoned or vacated building on public lands during hunting seasons, without the permission of the owner or lessees thereof.

B. The provisions of subsections (A)(1), (3) and (4) of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his/her employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his/her office or employment.

C. The exceptions from criminal liability provided for in subsection (B) of this section shall not preclude or affect civil liability for the same conduct.

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-18, 2007].

9.45.040 Unlawful possession of switchblades.

Unlawful possession of switchblades consists of any person, either manufacturing, causing to be manufactured, possessing, displaying, offering, selling, lending, giving away or purchasing any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.

Whoever commits unlawful possession of switchblades is guilty of a petty misdemeanor. [Ord. 241 § 2-1-19, 2007].

9.45.050 Propelling of missiles.

It is unlawful for any person to shoot, sling or throw any stone, rock or other propellant, missile or substance in any manner as to reasonably likely cause injury to any person or property.

Whoever commits propelling of missiles is guilty of a petty misdemeanor. [Ord. 241 § 2-1-22, 2007].