Current through Register Vol. 35, No. 6, March 26, 2024
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;
(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.
