§ 32a-2-33

A. If a public school administrator or employee has reasonable cause to believe that a child is in possession of or has been in possession of a firearm on school premises in violation of Section 30-7-2.1 NMSA 1978, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the children, youth and families department. B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency may conduct an investigation to determine if there is probable cause to believe that the child possessed a firearm on school premises. C. If the law enforcement agency determines there is probable cause to believe that the child possessed a firearm on school premises, the law enforcement agency may take the child into custody and deliver the child to a detention facility licensed by the department. After the child is delivered to a detention facility, the department shall comply with the notification provisions set forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978. D.

et forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978. D. As used in this section, 'firearm' means any weapon that will 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; or any firearm muffler or firearm silencer. 'Firearm' includes any handgun, rifle or shotgun. History: Laws 1999, ch. 216, § 1; 2003, ch. 225, § 16. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, deleted 'the federal Gun-Free Schools Act of 1994 or' following 'in violation of' in Subsection A; substituted 'may' for 'shall immediately' following 'law enforcement agency' in Subsections B and C; and added 'As used in this section' at the beginning of Subsection D.