 iluvguns
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Posted: 5/31/2010 11:44:44 PM
[Last Edit: 9/5/2012 8:36:06 PM by iluvguns]
THE IMAGE ABOVE IS A PAID ADVERTISEMENT NFA New Mexico is Class 3 friendly 
Concealed Carry Here are the basics
State Permits New Mexico Honors Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee,Texas, Virginia, and Wyoming Open Carry
General Firearm Laws
Shooting on BLM land Originally Posted By FrankSymptoms:
I Emailed the BLM Albuquerque District Ranger about the legality of shooting on BLM land. He very kindly sent me a very comprehensive letter about the legality of this issue. These are on PNG format. 
ETA I will post this in the general forum as well. |
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iluvguns
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Posted: 5/31/2010 11:45:16 PM
im sure i have forgot something so let me now and ill add it
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Friiguy
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Posted: 6/1/2010 7:54:17 AM
Nice job! Sticky request.
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M1Lover
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Posted: 6/1/2010 9:20:19 AM
[Last Edit: 6/1/2010 9:22:09 AM by M1Lover]
"General Firearm Laws: your vehicle is an extension of your home, so no permit needed to have any firearm in your car (does not apply to tribal land, but if you are just passing through you are generally ok).........."
SO..... "generally OK" means OK unless you get stopped by Tribal PD? Technically is it illegal to carry a weapon onto a reservation? Do different reservations vary in law? Just want to clarify. H. |
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FrankSymptoms
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Posted: 6/2/2010 3:03:46 PM
[Last Edit: 6/2/2010 3:04:11 PM by FrankSymptoms]
Originally Posted By M1Lover:
"General Firearm Laws: your vehicle is an extension of your home, so no permit needed to have any firearm in your car (does not apply to tribal land, but if you are just passing through you are generally ok).........." SO..... "generally OK" means OK unless you get stopped by Tribal PD? Technically is it illegal to carry a weapon onto a reservation? Do different reservations vary in law? Just want to clarify. H. If you stay on the public roads (e.g. Hwy 47 through the Isleta rez) you are OK. You must "have permission of the tribal council" to carry a gun on tribal lands. I leave my weps in my car when I get gas on tribal lands. |
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Posted: 6/2/2010 5:11:09 PM
Okey ouinge(sp?) San Juan tribal near espanola has been known to take firearms on traffic stops depending on your attitude towards them. I personaly know three officers there that have kept guns and sold them. Don't take your chances with tribal I only declare them if I'm asked
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yipykyah_mf
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Posted: 6/2/2010 9:05:18 PM
[Last Edit: 6/2/2010 9:05:51 PM by yipykyah_mf]
Originally Posted By kinakoba:
Okey ouinge(sp?) San Juan tribal near espanola has been known to take firearms on traffic stops depending on your attitude towards them. I personaly know three officers there that have kept guns and sold them. Don't take your chances with tribal I only declare them if I'm asked Don't speed and they won't have any reason to pull you over. If you do get pulled over, don't let them know you have firearms. Just give them a bottle of 'fire water' and go about your way.  
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yipykyah_mf
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Posted: 6/2/2010 9:45:20 PM
[Last Edit: 6/2/2010 9:47:03 PM by yipykyah_mf]
I don't know why everybody seems to think that the law says that their vehicle is an extension of their home.
Nowhere in State Statute does it say that. The law is as follows: " 30-7-2. Unlawful carrying of a deadly weapon. A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978]; (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978]. B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm. C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor. " The words 'extension of your home' are nowhere to be found. I'm not a lawyer, and have never claimed to be. But, I did stay in a Holiday Inn Express a couple of nights ago. 
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Friiguy
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Posted: 6/2/2010 9:48:17 PM
[Last Edit: 6/2/2010 9:50:31 PM by Friiguy]
Originally Posted By yipykyah_mf: That bold word up there is the key.
I don't know why everybody seems to think that the law says that their vehicle is an extension of their home. Nowhere in State Statute does it say that. The law is as follows: " 30-7-2. Unlawful carrying of a deadly weapon. A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978]; (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978]. B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm. C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor. " The words 'extension of your home' are nowhere to be found. I'm not a lawyer, and have never claimed to be. But, I did stay in a Holiday Inn Express a couple of nights ago.
 ETA: Carrying a deadly weapon is allowed as provided you meet the exceptions listed in 1 through 5. Also, note "B". |
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yipykyah_mf
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Posted: 6/2/2010 10:00:58 PM
[Last Edit: 6/2/2010 10:03:05 PM by yipykyah_mf]
Originally Posted By Friiguy:
Originally Posted By yipykyah_mf:
That bold word up there is the key. I don't know why everybody seems to think that the law says that their vehicle is an extension of their home. Nowhere in State Statute does it say that. The law is as follows: " 30-7-2. Unlawful carrying of a deadly weapon. A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978]; (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978]. B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm. C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor. " The words 'extension of your home' are nowhere to be found. I'm not a lawyer, and have never claimed to be. But, I did stay in a Holiday Inn Express a couple of nights ago.
ETA: Carrying a deadly weapon is allowed as provided you meet the exceptions listed in 1 through 5. Also, note "B". Exactamundo Guess what the fine is for carrying a concealed 'loaded' firearm........................... The same as posessing an Eeeeviillll Switchblade..................... $50 in most cases. An unloaded firearm is useless, unless you want to use it like a rock.
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Friiguy
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Posted: 6/27/2010 8:57:20 AM
Just so this information doesnt get lost elsewhere...
Originally
Posted By AliCat223: There have been a number of people asking about attorneys who can set up an NFA trust because DIY software isn't current. If anyone is interested, there is a referral service through the NM Bar Association that may be useful, and its only $30 for the 1/2 hour consult... just a thought if anyone is really looking for someone in NM who can do this: Bridge to Justice Referral Program The Bridge to Justice Referral Program reaches out to those who need legal help and may not know where to find it. Albuquerque & Surrounding Communities: (505) 797-6066 Toll Free: 1-800-876-6227 | 8 a.m. to 5 p.m. weekdays The referral program offers an up to 30-minute consultation/case assessment with a private attorney for a cost of only $30. An intake person will ask for information needed to determine the area of law and county needed for the referral. A staff member will then contact attorneys and find one to consult with you for up to 30-minutes. During the consultation, you may receive legal advice, have documents reviewed and have questions answered by an attorney. Any representation or time beyond the up to 30-minute consultation/case assessment must be negotiated with the attorney. You may call the Referral Program for a referral or you can fill out the Intake Form online and email it to jjimenez@nmbar.org. Payment must be received before referrals are processed. You may pay for the referral online or send check or money order to: State Bar of New Mexico Referral Program, PO Box 92860, Albuquerque, NM 87199. Originally
Posted By AliCat223: There is an attorney that specializes in wills and trusts who is now doing Class 3 trusts. She is based out of Albuquerque and part of a well-regarded firm. Her name is Patricia Bradley. I don't know her personally, but I have a friend at the firm who speaks highly of her. Just figured I'd throw this out there for anyone still looking... The Law Offices of George "Dave" Giddens 10400 Academy Road Northeast Albuquerque, NM 87111-1229 (505) 271-1053 |
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TexasDoubleTap
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Posted: 10/1/2010 12:44:43 AM
So as a Texan who works in New Mexico can I bring my pistol with me legally? Non Concealed? Concealed?
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DrainBammage
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Posted: 10/1/2010 11:02:47 AM
Originally Posted By TexasDoubleTap: So as a Texan who works in New Mexico can I bring my pistol with me legally? Non Concealed? Concealed? You can open carry almost anywhere. You can carry concealed in your car. But outside of that it has to be in open view unless you have a CCL. |
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TexasDoubleTap
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Posted: 10/2/2010 1:56:31 AM
Originally Posted By DrainBammage: Originally Posted By TexasDoubleTap: So as a Texan who works in New Mexico can I bring my pistol with me legally? Non Concealed? Concealed? You can open carry almost anywhere. You can carry concealed in your car. But outside of that it has to be in open view unless you have a CCL. Thanks! |
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iluvguns
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Posted: 10/2/2010 8:25:40 AM
Originally Posted By DrainBammage:
Originally Posted By TexasDoubleTap:
So as a Texan who works in New Mexico can I bring my pistol with me legally? Non Concealed? Concealed? You can open carry almost anywhere. You can carry concealed in your car. But outside of that it has to be in open view unless you have a CCL. for the most part you are right. you can carry concealed without a CCL if the gun is unloaded (no magazine in firearm) |
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DrainBammage
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Posted: 10/2/2010 10:22:27 AM
[Last Edit: 10/2/2010 10:27:06 AM by DrainBammage]
Originally Posted By iluvguns: Originally Posted By DrainBammage: Originally Posted By TexasDoubleTap: So as a Texan who works in New Mexico can I bring my pistol with me legally? Non Concealed? Concealed? You can open carry almost anywhere. You can carry concealed in your car. But outside of that it has to be in open view unless you have a CCL. for the most part you are right. you can carry concealed without a CCL if the gun is unloaded (no magazine in firearm) ETA: I got up to early, you are correct. Why hide it empty, when you can carry in condition 1 openly? |
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Posted: 12/23/2010 4:52:40 PM
We as a shooting community need to change the law in regards to State Parks which only allow unloaded carry. No cartridge in any part of the mechanism.
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thelaststand
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Posted: 3/25/2012 11:02:52 PM
[Last Edit: 3/25/2012 11:09:29 PM by thelaststand]
New Mexico has full state preemption for firearms laws. I am kind of happy I'm moving from Texas to New Mexico––a step up in freedom.
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Posted: 7/2/2012 8:22:24 PM
I just got back from a trip to SoCal snd I had to have my Kahr I carry daily in my pack pack with it unloaded in a locked case. WTF?
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iluvguns
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Posted: 7/4/2012 7:12:17 PM
Originally Posted By 99HMC4:
I just got back from a trip to SoCal snd I had to have my Kahr I carry daily in my pack pack with it unloaded in a locked case. WTF? and thats why its best to stay out of komifornia |
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Posted: 9/5/2012 12:50:34 PM
[Last Edit: 9/5/2012 12:51:20 PM by skippyputz]
Stupid question. Can I bring an SBR into NM to shoot if I am a MN resident?
Thanks guys! |
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iluvguns
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Posted: 9/5/2012 8:31:56 PM
Originally Posted By skippyputz:
Stupid question. Can I bring an SBR into NM to shoot if I am a MN resident? Thanks guys! SBR's are legal in NM |
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FrankSymptoms
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Posted: 9/6/2012 3:13:45 PM
[Last Edit: 9/6/2012 3:15:40 PM by FrankSymptoms]
Originally Posted By iluvguns:
Originally Posted By 99HMC4:
I just got back from a trip to SoCal snd I had to have my Kahr I carry daily in my pack pack with it unloaded in a locked case. WTF? and thats why its best to stay out of komifornia California is a "May Issue" state, which means that the officials have permission to issue CCW licenses, but are not required to do so. NM is a "Shall Issue" state, meaning that if you meet the state and federal requirements (no criminal record, no domestic violence, are not an adjudicated mental patient or alcoholic), and take a training course and test, you SHALL be issued a CCW license.* In California, many people have authority to issue a license: judges, sheriffs, chiefs of police, etc. They don't want the liability of doing so; others issue only to their pals and cronies, and still others give them freely to Hollywood stars and politicians. And California doesn't recognize ANY other state's CCW license/permit. *Instructors have the authority to refuse to license anyone they believe is not competent. Lots of people are "legal" to own a gun, yet for many reasons should not be allowed to do so. |
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Posted: 9/18/2012 8:24:08 PM
[Last Edit: 9/18/2012 8:24:41 PM by jlewis406]
Tribal lands are such a pain in my butt. We (USAF) have a few LZ's in reservation boundaries. Technically we are supposed to pay the tribe every time we land. If we land and say break and have to stay there technically they can confiscate out $95 million dollar plane. Technically...but in reality I think there would be a lot of huffing and puffing and someone getting punched in the face and told to "F-OFF" before we gave them an aircraft.
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Posted: 10/26/2012 2:44:20 AM
[Last Edit: 10/26/2012 2:57:46 AM by Trollslayer]
This thread should be a legal summary.
It should not be a partial summary up front followed by a full page of discussion through which additional points of law evolve. It is your HTF, so do as you please. What are the basics of laws in New Mexico? If I moved there from California, what would I have to know and do after arrival? Do you have an assault weapons ban of any type? Any magazine capacity restrictions? Do you have to register handguns or long guns? Are there any municipalities which differ (are more strict) than the State laws. What does it mean for a firearm to be carried unloaded? Does having a loaded magazine carried upon your person, separate from its firearm, constitute a loaded firearm? |
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FrankSymptoms
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Posted: 10/26/2012 3:39:42 AM
[Last Edit: 10/26/2012 3:43:19 AM by FrankSymptoms]
Originally Posted By Trollslayer:
This thread should be a legal summary. It should not be a partial summary up front followed by a full page of discussion through which additional points of law evolve. It is your HTF, so do as you please. What are the basics of laws in New Mexico? If I moved there from California, what would I have to know and do after arrival? Forget most of what you knew in California. New Mexico mostly defers to Federal law. You may carry your gun, loaded or unloaded, openly or concealed, in your motor vehicle. Do you have an assault weapons ban of any type? No. Any magazine capacity restrictions? You are only restricted to as many magazines as you can carry. Do you have to register handguns or long guns? No, other than the forms you fill out at the desk of the gun store. Are there any municipalities which differ (are more strict) than the State laws. No. New Mexico has "premption" now, which means that the entire state operates under a uniform set of laws. Cities cannot enact their own laws. What does it mean for a firearm to be carried unloaded? Does having a loaded magazine carried upon your person, separate from its firearm, constitute a loaded firearm? IIRC "unloaded" means nothing in chamber, nothing in the mag well. Mahamotors, respond if you know differently. NM is a "shall issue" state. If you take the course and are not otherwise disqualified to own a gun, you can get a CCW license. CCW law differs a bit from open carry law: You cannot openly carry into any place where alcohol is sold, either for on site (bar, restaurant) or offsite (liquor store) purposes. CCW carriers may do so BUT New Mexico has ZERO TOLERANCE for ANY AMOUNT OF ALCOHOL in your system when you are carrying, either openly or CCW. You may not carry your weapon into any government building, nor on any school grounds. You may carry your weapon while on state or Federally-built and -maintained roads, but not onto tribal property, unless you have the permission of the tribal council. You may not carry your gun into any business establishment where there is a sign forbidding you to do so. And if there is no sign, then verbal notification by the owner or operator is enough: you must then leave. |
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