N.M. Code R. § 10.8.2.7

Current through Register Vol. 35, No. 11, June 11, 2024

Section 10.8.2.7 - DEFINITIONS

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.

K.peace officer means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;

L.permit means the authorization granted by the department to teach firearms qualification courses as an approved instructor;

M.range qualification means the performance requirements that must be met by an applicant or licensee for his or her approved caliber of handgun;

N.reciprocity means permission granted for an out of state licenses issued to a person who is not a New Mexico resident to be used in the state of New Mexico by a licensee visiting or passing through the state;

O.resident means:

(1) a person who, for a period of not less than 90 days immediately preceding the date of application for the license, has been domiciled in New Mexico, does not claim residence elsewhere for any purpose, and is not otherwise entitled to claim residence in another state; or

(2) a person who is a member of the armed forces of the United States and permanently assigned to a military installation located within this state. A military person's dependent may be considered a resident for the purposes of this rule.

P.respondent means, in the context of 10.8.2.27 NMAC, an applicant, instructor applicant, approved instructor, or licensee;

Q.retired peace officer means a New Mexico resident who has retired in good standing from any law enforcement agency with at least 15 years as a certified police officer or by work related disability;

R.revocation means the involuntary termination of a license or permit by the department for cause for an indefinite period of time;

S.secretary means the secretary of the department of public safety or his designee;

T.suspension means the involuntary termination of a license or permit by the department for cause for a specified period of time;

U.transfer means issuance of a permit in New Mexico under the act when the applicant holds a valid concealed carry permit or license issued by another state with which New Mexico has reciprocity, and the other conditions prescribed in this rule have been satisfied.

N.M. Code R. § 10.8.2.7

10.8.2.7 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