N.M. Admin. Code § 10.8.2.24

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

Section 10.8.2.24 - RESPONSIBILITIES OF APPROVED INSTRUCTORS

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.

B.Minimum standards for firing range instruction. An approved instructor shall:

(1) not allow a student to participate in firing range instruction until the student has completed the classroom portion of the firearms training that covers safe handgun shooting fundamentals;

(2) conduct firing range instruction under various light conditions when possible;

(3) have no more students firing a handgun on the firing range than the instructor can effectively and safely instruct and monitor, including no more than five students per instructor during daylight training, no more than three students per instructor for lowlight training, and no more than one student per instructor for dynamic training such as shooting on the move.

C.Guest instructors.

(1) An approved instructor may use guest instructors who are on the department approved instructor list to teach various parts of a firearms training course, but only with written approval of the department. An approved instructor must file a request for approval to use a guest instructor at least 10 days prior to the date the guest instructor will teach for the first time. The department will conduct background investigations of guest instructors.

(2) no guest instructor shall teach the approved instructor's entire firearms training course.

(3) An approved instructor shall maintain a file on each guest instructor who teaches any portion of the firearms training course. The file shall include a list of the dates and portions of the course each guest instructor has taught, and appropriate documents showing the education, experience, licenses or certifications that qualify the guest instructor to teach the portions of the course he or she has taught.

D.Monitoring by the department. The department may monitor all aspects of firearms training courses. Approved instructors shall cooperate with department employees in its efforts to monitor the training of applicants.

(1) Should a department employee determine that an instructor is not compliant with these rules or is placing his or her students in danger; the employee shall have the authority to end the class. The employee shall obtain the approved instructor's permit, make a written report and submit both to the secretary. The approved instructor may then file an appeal pursuant to the act and these rules.

(2) Failure to adhere to any provisions of Subsection D, these rules, or the act shall be grounds for temporary or permanent loss of an instructor's permit.

E.After action reports (AAR). An approved instructor shall file the following information with the department within 10 days after the end of each firearms training course on the form prescribed by the department:

(1) the name, address, and date of birth of each applicant who attended the course;

(2) the score each applicant achieved in the handgun competency demonstration;

(3) the category and highest caliber of each handgun for which the applicant demonstrated competency; and

(4) whether or not the approved instructor issued a certificate of completion and each category and caliber for which each applicant's certificate was issued.

F.Records. An approved instructor shall maintain the records required by this subsection for a period of five years from the date of completion of each firearms training course. The records shall be stored in a safe and secure place and shall be available for inspection by the department promptly upon request. An approved instructor shall maintain:

(1) a record of each handgun competency certificate issued;

(2) a record of the following information for each course:

(a) name, address, and date of birth of each applicant who attended the course;

(b) the score the applicant achieved in the handgun competency demonstration;

(c) the category and caliber, of each handgun for which the applicant demonstrated competency; and

(d) an indication of whether or not the approved instructor issued a certificate of completion to that person;

(3) a record of the dates and number of hours of each firearms training course;

(4) a record of the curriculum and course materials used in each course; and

(5) copies of documents and correspondence filed with the department.

N.M. Admin. Code § 10.8.2.24

10.8.2.24 NMAC - N, 11-26-03; A, 11-30-05, Adopted by New Mexico Register, Volume XXVII, Issue 22, November 30, 2016, eff. 11/30/2016