http://www.abqtrib.com/archives/opinions03/110403_opinions_lisle.shtml

Today's author takes aim at rules on concealed carry, saying they are so stringent, even public safety officers would be hard-pressed to qualify for a license

TODAY'S BYLINE: Lisle is a board member of New Mexico Shooting Sports and a National Rifle Association Certified Pistol and Personal Protection Instructor.

Paul C. Lisle

The Department of Public Safety has finally issued the concealed carry firearm regulations - all 13 pages of them.

Our worst fears, about what DPS might come up with, have been realized. These aren't rules. These are obstacles. In effect, they make it so difficult to qualify for a concealed carry permit that I doubt few, if any, will succeed. Unless these rules are overhauled and simplified.

It was reported to me a DPS employee was overheard saying, "with these rules, no New Mexico citizen will obtain a concealed carry license." After reading the rules, I couldn't agree more.

A few of the really bad rules are:

The shooting requirements have been increased from 40 to 50 rounds.

The target, a piece of white paper, is 12 inches wide by 18 inches tall.

A license applicant is to fire 15 rounds from three yards; 20 rounds from seven yards; and 15 rounds from 15 yards.

Hits are scored at two points each and a score of 76 is required to pass.

Fifty rounds is excessive to prove handgun proficiency. In personal protection classes we teach that at seven yards, the first line of defense is escape. If a licensee shot a person at 15 yards claiming self defense, I believe DPS would arrest and prosecute the licensee.

I would also like to see any DPS officer qualify under these requirements using a short-barrel derringer that is quite popular for concealed carry. To do so would require shooting skills most of them, and most of us, don't possess.

More questionable rules:

The applicant is required to furnish to the instructor the make, model, caliber, category and serial number of every handgun that is used. Why?

The instructor must report this information to DPS whether or not the applicant passes the test. Why? This is a classic case of gun owner and gun registration.

The applicant must prove U.S. citizenship by providing a certified copy of a birth certificate. This could add significantly to the cost of the license. A notarized copy of an U.S. passport will not be accepted.

Classes for concealed carry are limited to 20 students.

The classroom must be inspected and permitted by a fire inspector.

The classroom must have 10 other specific requirements and "comply with all federal, state, and local laws relating to persons with disabilities, public health, safety, and sanitation, including restroom facilities."

When the insurance requirements are included, I don't believe any shooting range in the state will qualify, including the excellent Albuquerque City range and the highly-regarded National Rifle Association range at Raton.

An instructor would not be allowed to have a class of three or four students in his home for classroom instruction.

Nor would large, more efficient classes be allowed. Two years ago at the Zia range, we ran 140 applicants through a concealed carry class on one weekend.

It is apparent what DPS really is trying to do is increase the cost and limit the number of concealed carry licensees by limiting the class size and placing unreasonable restrictions on the facilities used for teaching.

As a final example of the harassment contained in these regulations, one section states that a peace officer may disarm a concealed carry licensee for almost any reason, and "MAY" return the gun if the licensee is not in any violation of the rules or the law.

DPS held a hearing on these rules October 15th. More than 50 people attended, representing a good cross section of the shooting sports in New Mexico.

DPS started the hearing off by announcing there would be an additional charge (in addition to the $100.00 initial charge) of $31.00 for a fingerprint check.

State Senator Shannon Robinson, D-Albuquerque and sponsor of the concealed carry law, and Tara Reilly Mica, an NRA state representative for New Mexico, were the first to speak, with Mica giving an hourlong presentation on the rules problems.

Robinson gave an excellent summation of how the rules changed the intent of the law; altered how the law was to be enforced; discouraged gun owners from getting permits; discouraged NRA instructors from becoming DPS certified; and created additional law not contained in the Concealed Carry Law passed by the Legislature. Robinson went on to say that if DPS did not correct these rules, he would have to go to Gov. Bill Richardson for help.

The next two hours of the hearing were filled with testimony from instructors, shooters and other interested parties pointing out how bad various parts of the DPS rules were.

DPS was to take our oral and written objections to their rules under advisement and issue their final rules for implementing the concealed carry law. DPS has stated the rules, whatever they turn out to finally be, will be effective on Nov. 15.

But we in the shooting sports are so unhappy with DPS that we have circulated a petition requesting the removal of the DPS secretary. He has failed to properly follow the guidance of the Legislature and the governor in the implementation to the New Mexico Concealed Handgun Carry Act of 2003.

We urge all who New Mexicans who are interested in being able to carry a concealed firearm for their own protection to carefully review the most recent copy of the concealed carry rules and to object to any that are onerous or fail to implement the intent of our elected officials.