Hi Gary,
It's sort of a catch-all. Some of it makes sense up to a point but can be taken to extremes (like having a gun about your person while you're "under the influence" - I've seen folks charged with NUFA where they had a gun under their car seat after they'd had a beer). Some of it's just real vague ("handling the firearm in a negligent manner") and I've seen some odd charges come out of it.
I'm all in favor of good firearms handling, but I have concerns about the way I've seen this law actually applied in some instances.
Here's the statute:
§ 30-7-4. 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 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 one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
B. The provisions of Paragraphs (1), (3) and (4) of Subsection A 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 employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his 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.
The jury instruction provides:
N.M. U.J.I. Cr. 14-703 (2004) Negligent use of a deadly weapon
For you to find the defendant guilty of negligent use of a deadly weapon
[as charged in Count ]1, the state must prove to your satisfaction
beyond a reasonable doubt each of the following elements of the crime:
1. [The defendant discharged a firearm into a [building]2 [vehicle];]
[OR]2
[The defendant discharged a firearm knowing that he was endangering
[a person]2 [property];]
[OR]
[The defendant was carrying a firearm while under the influence of
[alcohol]2 [narcotics];]
[OR]
[The defendant endangered the safety of another, by handling or using
a [deadly weapon3] [firearm] in a negligent4 manner;]
[OR]
[The defendant discharged a firearm within one hundred and fifty
yards of a [dwelling5] [or] [building] without permission of the owner or
lessee. [The state must also prove that either:
A. the weapon was discharged on non-public lands; or
B. the discharge did not occur during hunting season; or
C. that the [dwelling] [or] [building] was not an
abandoned or vacated building];]6
[2. The defendant was not a peace officer7 or other public employee who is
required or authorized by law to carry or use a firearm in the course of
employment and who carries, handles, uses or discharges a firearm while
lawfully engaged in carrying out the duties of such office or employment;]
3. This happened in New Mexico on or about the day of , .
USE NOTE
1. Insert the count number if more than one count is charged.
2. Use only the applicable alternative.
3. If this alternative is used, Subsection B of Section 30-1-12 NMSA 1978,
the definition of "deadly weapon", is given immediately after this instruction.
4. If this alternative is used, UJI 14-133, the definition of criminal
negligence, is given immediately after this instruction.
5. If this alternative is given, Instruction 14-1631, definition of
"dwelling house" is given as the definition of "dwelling".
6. This alternative is to be given only if the court finds that the
evidence presents issues on whether: (1) the building was an abandoned or
vacated building; (2) the building was located on public lands; and (3) the
defendant discharged the firearm during hunting season.
7. This alternative may be given if there is an issue as to whether the
defendant was a peace officer or public employee in the lawful discharge of
duty. This alternative is not to be given if the defendant is charged with
carrying a firearm while under the influence of an intoxicant or narcotic.
The way the law works now, the State can't get the weapon forfeited unless it proves a felony - the proposed changes to the law would allow forfeiture under the vague language of this statute.
