HB 101 New Mexico House · 2025 Regular Session

FIREARM AT POLLING PLACE FOR LAW ENFORCEMENT

HB 101 clarifies that commissioned law enforcement officers performing official duties are exempt from New Mexico's general rule prohibiting firearms at polling places. The bill directly affects law enforcement officers who may be present at polling locations during elections. It amends the existing law to explicitly state that officers acting within their official capacity are not considered to be unlawfully possessing a firearm in these areas. This change provides clear legal protection for officers conducting election security, without altering restrictions for other individuals. The bill does not change the penalty for non-officers who violate the firearm prohibition at polling places.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Jan 15, 2025 Signed Apr 8, 2025
Maddy AI version diff · 1 comparison

What changed between versions

introduced version Final Version · 4 edits
MODERATE
This bill amends New Mexico's unlawful possession of firearms at polling places statute to create new exemptions for law enforcement officers and individuals in private vehicles. The changes expand who can legally carry firearms near polling places during elections.
Scope change
Expanded the scope of exemptions to include commissioned law enforcement officers with arrest powers and individuals in private vehicles or other private means of conveyance near polling places.
ELIGIBILITY

Added exemption for commissioned law enforcement officers with the power to arrest acting in accordance with their agency's policies.

Added exemption for persons in private automobiles or other private means of conveyance within 100 feet of polling place doors or 50 feet of secured containers.

Modified law enforcement exemption language to require officers to act in accordance with their law enforcement agency's policies.

DEFINITION

Added new subsection clarifying that persons conducting lawful non-election-related business near polling places are not guilty of unlawful possession.

Floor votes · Senate Mar 20, 2025 · House Mar 6, 2025

How they voted

336
Passed · 1 other
Total votes 40
Mar 20, 2025
D Democratic24
17 Yea 6 Nay 1
70% Yea
R Republican16
16 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
6
Committee
3
Apr 8, 2025
Signed into law
Signed
executive
Mar 20, 2025
Upper · Passed
passed Senate
upper
Mar 17, 2025
Upper · Passed
DO PASS committee report adopted
upper
Mar 7, 2025
Introduced
Sent to Senate Judiciary Committee
upper
Mar 6, 2025
Lower · Passed
passed House
lower
Feb 20, 2025
Lower · Passed
DO PASS committee report adopted
lower
Feb 7, 2025
Lower · Passed
DO PASS committee report adopted
lower
Jan 27, 2025
Introduced
Sent to House Consumer & Public Affairs Committee & House Judiciary Committee
lower
Jan 15, 2025
Introduced
Sent to House Pre-file
lower
3 primary · 0 co-sponsors

Sponsors