30-7-4. Negligent use of a deadly weapon.
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/nm/chapter-30-criminal-offenses/article-7-weapons-and-explosives/30-7-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Negligent use of a deadly weapon consists of:
(1)discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
(2)carrying a firearm while under the influence of an intoxicant or narcotic;
(3)endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4)discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
B. The provisions of Paragraphs (1),
(3)and
(4)of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.
C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.
Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-7-3, enacted by Laws 1963, ch. 303, § 7-3; 1977, ch. 266, § 1; 1979, ch. 79, § 1; 1993, ch. 139, § 1.