N.M. Admin. Code § 10.8.2.20

Current through Register Vol. 35, No. 17, September 10, 2024

Section 10.8.2.20 - ENFORCEMENT

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.

10.8.2.20 NMAC - N, 11-26-03, Adopted by New Mexico Register, Volume XXVII, Issue 22, November 30, 2016, eff. 11/30/2016