Denial, Suspension And Revocation Of A License

A. Grounds. The department may deny, suspend or revoke a license if the licensee: (1) is found to have violated any provision of the act or this rule; (2) is a fugitive from justice, in accordance with Paragraph (4) of Subsection (A) of Section 29-19-4NMSA 1978; (3) is convicted of a felony, in accordance with Paragraph (5) of Subsection (A) of Section 29-19-4 NMSA 1978, including a conditional discharge until discharged, a diversion until its terms are completed, a deferment, a guilty plea, a plea of nolo contendere, or Alford plea; (4) is under indictment, cited, or summoned to Court to answer for a felony criminal offense, in accordance with Paragraph (6) of Subsection (A) of Section 29-19-4 NMSA 1978; (5) is prohibited by law from purchasing or possessing a firearm, in accordance with Paragraph (7) of Subsection (A) of Section 29-19-4 NMSA 1978 or any federal database or law; (6) is adjudicated mentally incompetent or committed to a mental institution, in accordance with Paragraph (8) of Subsection (A) of Section 29-19-4 NMSA 1978; (7) is addicted to alcohol or controlled substances, in accordance with Paragraph (9) of Subsection (A) of Section 29-19-4 NMSA1978; (8) receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendere to a misdemeanor offense involving a crime of violence within 10 years immediately preceding the application, in accordance with Paragraph (1) of Subsection (B) of Section 29-19-4 NMSA 1978; (9) is convicted of a misdemeanor offense of driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application, in accordance with Paragraph (2) of Subsection (B) of Section 29-19-4 NMSA 1978; (10) is convicted of a misdemeanor offense of the possession or abuse of a controlled substance within 10 years immediately preceding the application, in accordance with Paragraph (3) of Subsection (B) of Section 29-19-4 NMSA 1978; (11) is convicted of a misdemeanor offense of assault or assault against a household member, battery or battery against a household member, in accordance with Paragraph (4) of Subsection (B) of Section 29- 19-4 NMSA 1978; or (12) is subject to a valid protective order issued by a court. B. Affidavit of violation by a licensee. If a peace officer believes there is probable cause to suspend or revoke a license, the peace officer shall prepare an affidavit on a form prescribed by the department. The affidavit shall cite the provision of law that was violated. The peace officer shall file the affidavit and any other reports or information relating to the licensee available to the officer with the department within 10 days of the date the peace officer learns of the violation. A police report may be submitted in lieu of the affidavit. C. Notice of suspension or revocation and surrender of license. The department shall review the affidavit and attachments, and, if the department finds probable cause to suspend or revoke the license, may issue a notification of the suspension or revocation to the licensee advising the licensee of his or her right to a hearing in accordance with 10.8.2.27 NMAC. If the licensee elects not to request a hearing, the licensee shall surrender his or her license to the department within 15 days of the expiration of the period allowed to request a hearing. D. Term of suspension or revocation and reapplication. (1) The department may suspend a license when the outcome of a disqualifying matter is pending. The licensee may file an application to renew the license upon expiration of the term of suspension. (2) The department may revoke a license for a period required by the law up to and including 10.8.2 NMAC 9 a lifetime revocation. The person will not be eligible for a new license until the revocation period required by law has passed, if ever. (3) The license of a current law enforcement officer shall expire on the date the officer leaves employment unless the officer provides the department with written proof of hiring by another law enforcement agency in New Mexico. [10.8.2.21 NMAC - Rp, 10.8.2.21 NMAC, 11-30-16] 10.8.2.22 DEPARTMENT APPROVAL OF INSTRUCTORS AND FIREARMS TRAINING COURSES: A. Application required. Any person seeking to instruct firearms training courses pursuant to this rule shall file an application with the department to become an approved instructor. Application shall be made on the form prescribed by the department, and shall be typewritten or legibly handwritten in ink. A person who is not an approved instructor may not instruct a firearms training course pursuant to this rule. B. Requirements for approval. In order to be approved as an instructor, an instructor applicant must: (1) agree to be subject to New Mexico jurisdiction for the purpose of enforcing the act and this rule; (2) submit a resume of experience instructing firearms training courses, handgun experience, or both; (3) submit electronic fingerprints that comply with the requirements in Section 29-19-5 NMSA 1978 and 10.8.2.14 NMAC for positive identification purposes; (4) submit an authorization for release of information form provided by the department; (5) submit an affidavit or cover page of an acceptable firearms instruction insurance policy; (6) submit to the department the curriculum and course materials, meeting the department’s core requirements, for a firearms training course that has been certified or sponsored by a federal or state law enforcement agency, an accredited college or university, a firearms training school or a nationally recognized organization approved by the department that customarily offers firearms training, and a copy of the letter or other document approving the course from the certifying or sponsoring entity. An instructor applicant may develop his own curriculum and materials but must have them certified or sponsored by one of the entities identified in Subsection (A) of Section 29-19-7 NMSA 1978; (7) The instructor applicant must submit to the department a list of all persons the instructor applicant proposes to engage in any aspect of the concealed carry weapons class at least 10 days prior to the first class, including the individual’s name, date of birth, social security number, and concealed carry license number; (8) provide a description of the instructor applicant’s experience in offering firearms training; if any. An instructor-applicant who wishes to conduct firing range instruction must possess a certificate of completion of a firearms instructor-training program approved by the department that was issued or renewed not more than three years prior to the date the application is filed; (9) be a currently certified law enforcement instructor employed by a law enforcement agency; or (10) be 21 years of age and agree to be responsible for the actions and omissions of all persons engaged by the approved instructor for the purpose of conducting firearms training courses pursuant to this rule. C. Time period for review. As prescribed in Subsection (A) of Section 29-19-6 NMSA 1978, the department shall review the application of each instructor applicant and make a determination within 30 days of the date the department receives a complete application and background check. D. Determination by the department. (1) Approval. (a) Instructor. If the department finds that the instructor applicant meets the requirements specified in Subsection B of this section, the department shall issue a concealed carry weapon instructor permit that shall be valid for four years. The concealed carry weapon instructor permit shall include the approved instructor’s name, business address, and date of birth, the expiration date of the permit, and the instructor number assigned by the department. (b) Curriculum. If the department finds that the proposed curriculum and course materials for the firearms training course meet the requirements of Section 29-19-7 NMSA 1978 and this rule, the department shall approve the proposed firearms training course in writing. The department’s approval shall remain in effect for the shortest of: (i) one year; 10.8.2 NMAC 10 (ii) until the approved instructor substantially changes the curriculum or course materials; or (iii) the requirements in the act or this rule are changed. (2) Denial. If the department finds either that the instructor applicant or the proposed firearms training course does not meet the requirements of Section 29-19-7 NMSA 1978 or this rule, the department shall issue a notification of denial. The notification of denial shall cite the particular requirements of the act or this rule that the instructor applicant or proposed firearm training course has failed to meet. E. Renewal. An approved instructor seeking to renew his or her permit shall file with the department at least 60 days before the date his or her permit expires: (1) an application for renewal on the form prescribed by the department; (2) the curriculum and course materials for a firearms training course that is certified or sponsored by a federal or state law enforcement agency, an accredited college or university, a firearms training school, or a nationally recognized organization approved by the department that customarily offers firearms training and a copy of the letter or other document approving the course from the certifying or sponsoring entity; and (3) a list of all persons the instructor applicant intends to engage in any aspect of conducting a concealed carry weapons class. F. No authority to carry. An approved instructor is not authorized to carry a concealed handgun unless the approved instructor obtains a license from the department pursuant to Section 29-19-4 NMSA 1978 of the act and this rule. If an instructor applicant wishes to apply for a concealed carry license at the same time he or she applies for an instructor’s permit, he or she may do so by checking the appropriate boxes on the instructor application form, complying with all requirements for a license in the act and this rule, and enclosing the license application fee and all documents required by this rule with the application for an instructor’s certificate. G. List of approved instructors. The department shall maintain and make available to the public a list of approved instructors. An approved instructor may request to be removed from the list, but shall remain subject to a request for inspection of public records pursuant to, Chapter 14, Article, 2 NMSA 1978. [10.8.2.22 NMAC - Rp, 10.8.2.23 NMAC, 11-30-16] 10.8.2.23 BACKGROUND INVESTIGATIONS OF APPLICANTS AND INSTRUCTOR APPLICANTS: The department shall conduct a state and national criminal background check, and a court records check for protective orders, of each applicant for an original, transferred or renewed license. The department shall conduct a state criminal background check, and a court records check for protective orders, for each instructor applicant for an original or renewed instructor’s permit. The department may require certain applicants to provide information or execute documents to enable the department to obtain criminal history records of disposition of charges. The department may conduct such other investigation of an applicant as the department deems necessary to determine an applicant's suitability for a license or instructor’s permit.