Antiterrorism

NMSA 1978 ch. 30, art. 20A

in effect

NMSA 1978, § 30-20A-1 Short title

30-20A-1. Short title This act [30-20A-1 to 30-20A-4 NMSA 1978] may be cited as the "Antiterrorism Act". Laws 1990, ch. 66, § 1.

NMSA 1978, § 30-20A-2 Definitions

30-20A-2. Definitions As used in the Antiterrorism Act: A. "civil disorder" means any planned act of violence by an assemblage of two or more persons with the intent to cause damage or injury to another individual or his property; B. "destructive device" means: (1) any explosive, incendiary or poison gas: (a) bomb; (b) grenade; (c) rocket having a propellant charge of more than four ounces; (d) missile having an explosive or incendiary charge of more than one-quarter ounce; (e) mine; or (f) similar device; (2) any type of weapon that can expel or may be readily converted to expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than six-tenths inch in diameter, except a shotgun, shotgun shell or muzzle loading firearm that is generally recognized as particularly suitable for sporting purposes; or (3) any part or combination of parts either designed or intended for use in converting or assembling any device described in Paragraphs (1) and (2) of this subsection. The term "destructive device" shall not include any device that is neither designed nor redesigned for use as a weapon; C. "firearm" means any weapon that can expel or is designed to or may readily be converted to expel a projectile by the action of an explosion, the frame or receiver of any such weapon, any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun; and D. "law enforcement officer" means any employee of a police or public safety department administered by the state or any political subdivision of the state where the employee is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this state. "Law enforcement officer" includes any member of the New Mexico national guard; any peace officer of the United States, any state, any political subdivision of a state or the District of Columbia; any member of the New Mexico mounted patrol or the national guard, as defined in 10 U.S.C. Sec. 101(9); any member of the organized militia of any state or territory of the United States, the commonwealth of Puerto Rico or the District of Columbia not included within the definition of national guard; and any member of the armed forces of the United States. "Law enforcement officer" also means any person or entity acting as a contractor for any other law enforcement officer, police or public safety department described in this section. Laws 1990, ch. 66, § 2.

NMSA 1978, § 30-20A-3 Unlawful acts; penalty

30-20A-3. Unlawful acts; penalty A. Any person who teaches or demonstrates the use, application or making of any firearm, destructive device or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be unlawfully used in furtherance of a civil disorder is guilty of a fourth degree felony and shall be sentenced under the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] to imprisonment for a definite term of eighteen months or, in the discretion of the sentencing court, to a fine of not more than five thousand dollars ($5,000), or both. B. Any person who trains, practices or receives instruction in the use of any firearm, destructive device or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be unlawfully used in furtherance of a civil disorder is guilty of a fourth degree felony and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite term of eighteen months or, in the discretion of the sentencing court, to a fine of not more than five thousand dollars ($5,000), or both. Laws 1990, ch. 66, § 3.

NMSA 1978, § 30-20A-4 Exemptions

30-20A-4. Exemptions A. Nothing in the Antiterrorism Act shall make unlawful any activity: (1) in accordance with Article 2, Section 6 of the constitution of New Mexico; (2) of any governmental agency; (3) of any law enforcement agency; (4) of any hunting, rifle, pistol, shotgun, sportsmen's or conservation club; (5) lawfully engaged in on a shooting range; (6) lawfully undertaken pursuant to any shooting school or other program of instruction; (7) intended to teach the safe handling, including marksmanship, or use of firearms, archery equipment or other weapons or techniques to individuals or groups; (8) that teaches the use of martial arts or arms for the defense of home, person or property or the lawful use of force as defined in Section 30-2-7 NMSA 1978; or (9) that is otherwise lawful. B. Nothing in the Antiterrorism Act shall make unlawful any act of a law enforcement officer that is performed as a part of his official duties. Laws 1990, ch. 66, § 4.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026