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Posted: 5/31/2010 11:44:44 PM EDT
[Last Edit: 5/23/2013 7:55:11 PM EDT by iluvguns]
we seem to get a new thread every few days asking about our laws, so Friiguy suggested i make a thread with all that information. If i am forgetting anything let me know and ill add it to this post


NFA

New Mexico is Class 3 friendly  




Concealed Carry



Here are the basics

  • can only carry one concealed firearm at a time
  • can carry CONCEALED into an establishment that sells alcohol for off premises consumption
  • cannot carry into schools, courthouse, court facility or tribal land
  • cannot carry into restaurants that serve alcohol (starting July 1st 2010 you can carry CONCEALED into restaurants that serve beer and wine only)


  • New Mexico has a ZERO TOLERANCE attitude toward alcohol while carrying a gun (no alcohol in your system at all)

  • [/list]
  • No carrying of a loaded weapon into NM State Parks unless its hunting season        

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
  • open carry has the same restrictions as above, but you cannot open carry into places that sell alcohol



General Firearm Laws

    [li]your vehicle is essentially 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)



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




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.
Link Posted: 5/31/2010 11:45:16 PM EDT
im sure i have forgot something so let me now and ill add it
Link Posted: 6/1/2010 7:54:17 AM EDT
Nice job! Sticky request.

Link Posted: 6/1/2010 9:20:19 AM EDT
[Last Edit: 6/1/2010 9:22:09 AM EDT 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.
Link Posted: 6/2/2010 3:03:46 PM EDT
[Last Edit: 6/2/2010 3:04:11 PM EDT 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.
Link Posted: 6/2/2010 5:11:09 PM EDT
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
Link Posted: 6/2/2010 9:05:18 PM EDT
[Last Edit: 6/2/2010 9:05:51 PM EDT 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.

Link Posted: 6/2/2010 9:45:20 PM EDT
[Last Edit: 6/2/2010 9:47:03 PM EDT 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.

Link Posted: 6/2/2010 9:48:17 PM EDT
[Last Edit: 6/2/2010 9:50:31 PM EDT by Friiguy]





Originally Posted 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.











That bold word up there is the key.





ETA: Carrying a deadly weapon is allowed as provided you meet the exceptions listed in 1 through 5.



Also, note "B".
 
Link Posted: 6/2/2010 10:00:58 PM EDT
[Last Edit: 6/2/2010 10:03:05 PM EDT by yipykyah_mf]
Originally Posted By Friiguy:

Originally Posted 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.

That bold word up there is the key.

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.

Link Posted: 6/27/2010 8:57:20 AM EDT
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 [email protected].
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






 
Link Posted: 10/1/2010 12:44:43 AM EDT
So as a Texan who works in New Mexico can I bring my pistol with me legally? Non Concealed? Concealed?

 
Link Posted: 10/1/2010 11:02:47 AM EDT




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.
Link Posted: 10/2/2010 1:56:31 AM EDT



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!



 
Link Posted: 10/2/2010 8:25:40 AM EDT
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)

Link Posted: 10/2/2010 10:22:27 AM EDT
[Last Edit: 10/2/2010 10:27:06 AM EDT 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?
Link Posted: 12/23/2010 4:52:40 PM EDT
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.
Link Posted: 3/25/2012 11:02:52 PM EDT
[Last Edit: 3/25/2012 11:09:29 PM EDT 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.
Link Posted: 7/2/2012 8:22:24 PM EDT
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?
Link Posted: 7/4/2012 7:12:17 PM EDT
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
Link Posted: 9/5/2012 12:50:34 PM EDT
[Last Edit: 9/5/2012 12:51:20 PM EDT by skippyputz]
Stupid question. Can I bring an SBR into NM to shoot if I am a MN resident?



Thanks guys!
Link Posted: 9/5/2012 8:31:56 PM EDT
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
Link Posted: 9/6/2012 3:13:45 PM EDT
[Last Edit: 9/6/2012 3:15:40 PM EDT 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.
Link Posted: 9/18/2012 8:24:08 PM EDT
[Last Edit: 9/18/2012 8:24:41 PM EDT 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.
Link Posted: 10/26/2012 2:44:20 AM EDT
[Last Edit: 10/26/2012 2:57:46 AM EDT 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?
Link Posted: 10/26/2012 3:39:42 AM EDT
[Last Edit: 10/26/2012 3:43:19 AM EDT 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.

Link Posted: 10/26/2012 8:46:12 PM EDT
Thank you.  Sounds better than here.

One thing you have to do in California is register your handguns with CAL DOJ when you move here (take up residency - rent an apratment, buy a house, take a job).  It is a simple matter to fill out a form but legally, you have to do it.
Link Posted: 10/29/2012 5:58:28 PM EDT
A little clarification of what was posted by FrankSymptoms.  Even with a CCW you can not carry concealed into places that sell hard liquor other than beer and wine for consumption on site.  This rules out any restaurant with a bar like Applebees and many others.
Link Posted: 10/30/2012 2:53:35 AM EDT
Originally Posted By castiel:
A little clarification of what was posted by FrankSymptoms.  Even with a CCW you can not carry concealed into places that sell hard liquor other than beer and wine for consumption on site.  This rules out any restaurant with a bar like Applebees and many others.


yer right, I neglected to say that.
Link Posted: 11/9/2012 12:31:38 PM EDT
[Last Edit: 11/9/2012 12:33:27 PM EDT by Yoda_USAF]
Originally Posted 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.





Is carrying without a CHL really a petty misdemeanor? In some states it's a felony, it sounds like you wouldn't even lose your weapon or gun rights if caught CCWing without a permit, simply a citation and a small fine. Is that still current?
Link Posted: 1/19/2013 5:44:42 AM EDT
Originally Posted By Yoda_USAF:
Originally Posted 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.





Is carrying without a CHL really a petty misdemeanor? In some states it's a felony, it sounds like you wouldn't even lose your weapon or gun rights if caught CCWing without a permit, simply a citation and a small fine. Is that still current?


I am also interested in the answer to this question.
Link Posted: 1/19/2013 11:10:10 AM EDT
Yes its only a misdemeanor.  The big thing is if you carry it into somewhere that sells alcohol then it's a felony.  This includes open carrying into ANY place that sells ANY kind of liquor (Walmart, grocery stores, etc), or conceal carrying into a restaurant that sells anything harder than beer or wine.
Link Posted: 1/19/2013 3:25:51 PM EDT
[Last Edit: 1/19/2013 3:26:56 PM EDT by yipykyah_mf]
Originally Posted By zombiegristle:
Originally Posted By Yoda_USAF:
Originally Posted 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.





Is carrying without a CHL really a petty misdemeanor? In some states it's a felony, it sounds like you wouldn't even lose your weapon or gun rights if caught CCWing without a permit, simply a citation and a small fine. Is that still current?


I am also interested in the answer to this question.


Yes.  Class 4 misdemeanor.  Usually runs you a fine of no more than $100, and most of the time is dismissed. If the handgun is not loaded, ie, no round in chamber and magazine in other pocket, it is not considered a 'deadly weapon'.  You can ask me how I know, but I will NOT tell you.
Link Posted: 2/5/2013 1:40:10 PM EDT
is there a listing about definitions as to what is considered a handgun, rifle, shotgun, primitive, etc in NM...

Oklahoma has definitions...even if they are on par with federal definitions...
Link Posted: 2/14/2013 12:10:44 PM EDT
Do any of you have on retainer or recommend a lawyer who defends CCW use of lethal force cases? (Just in case).
Link Posted: 4/10/2013 8:16:40 AM EDT
Any laws against open carry in a bank?  I've looked and couldn't find any against it.   But was asked to leave my bank and was told it was law and not policy by an employee.
Link Posted: 4/13/2013 1:08:04 AM EDT
Originally Posted By CLJones12:
Any laws against open carry in a bank?  I've looked and couldn't find any against it.   But was asked to leave my bank and was told it was law and not policy by an employee.


No law against bank carry in NM.  Only the owner would be able to ask you to leave if it was his private property.
Link Posted: 4/13/2013 1:42:18 AM EDT
Link Posted: 4/13/2013 10:00:41 PM EDT
Originally Posted By CLJones12:
Any laws against open carry in a bank?  I've looked and couldn't find any against it.   But was asked to leave my bank and was told it was law and not policy by an employee.


I know its your right to open carry, but why dont you just get your CHL
Link Posted: 4/14/2013 10:01:37 AM EDT
Originally Posted By CJ7365:
Originally Posted By CLJones12:
Any laws against open carry in a bank?  I've looked and couldn't find any against it.   But was asked to leave my bank and was told it was law and not policy by an employee.


I know its your right to open carry, but why dont you just get your CHL


Working on it, but even then sometimes its easier to open carry than it would be to CC.  Tall skinny and dress in jeans with a polo tucked in.
Link Posted: 4/17/2013 7:54:42 PM EDT
Originally Posted By CLJones12:
Originally Posted By CJ7365:
Originally Posted By CLJones12:
Any laws against open carry in a bank?  I've looked and couldn't find any against it.   But was asked to leave my bank and was told it was law and not policy by an employee.


I know its your right to open carry, but why dont you just get your CHL


Working on it, but even then sometimes its easier to open carry than it would be to CC.  Tall skinny and dress in jeans with a polo tucked in.


im tall and skinny, dump the tucked in polo and buy one size bigger shirts, I like having not to worry about this person that person, plus its nice to know that strangers dont know what the hell I have
Link Posted: 5/6/2013 11:34:33 PM EDT
Anyone in lawful control of a property could lawfully tell you to leave or remove your gun from the building.
Doesn't have to be the owner...

Thanks,
Lee
Link Posted: 6/12/2013 8:26:58 PM EDT
I am thinking about going to college in Albuquerque. Reading through the laws it sounds like I would be within my rights to keep a loaded gun in my car parked on the college parking lot while I am in class. Does anyone know if this is correct or have more knowledge on the subject?
Link Posted: 6/13/2013 3:00:09 PM EDT
Originally Posted By jellyman984:
I am thinking about going to college in Albuquerque. Reading through the laws it sounds like I would be within my rights to keep a loaded gun in my car parked on the college parking lot while I am in class. Does anyone know if this is correct or have more knowledge on the subject?


Here you go:

Firearms are not permitted on any University Premises…except in vehicle if older than 19 (30-7-2.4 NMSA 1978 petty misdemeanor)
Link Posted: 7/16/2013 4:03:31 PM EDT
Is there reciprocity in NM for my TX CHL? Or just open carry?
Link Posted: 7/16/2013 5:29:58 PM EDT
[Last Edit: 7/16/2013 5:33:57 PM EDT by yipykyah_mf]
Originally Posted By skid2041:
Is there reciprocity in NM for my TX CHL? Or just open carry?


Yup.  Ever since 12 Jul 2012.

ETA:  You have to be at least 21.
Link Posted: 7/17/2013 11:30:54 PM EDT
[Last Edit: 7/17/2013 11:31:28 PM EDT by skid2041]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By yipykyah_mf:


Yup.  Ever since 12 Jul 2012.

ETA:  You have to be at least 21.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By yipykyah_mf:
Originally Posted By skid2041:
Is there reciprocity in NM for my TX CHL? Or just open carry?


Yup.  Ever since 12 Jul 2012.

ETA:  You have to be at least 21.



Thanks!
Link Posted: 9/14/2013 12:47:39 AM EDT

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.



In Ohio carrying a concealed weapon without a permit will cost you 3 years in prison.
Link Posted: 9/15/2013 4:59:20 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By w8qf:

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.



In Ohio carrying a concealed weapon without a permit will cost you 3 years in prison.
View Quote


An 'unquoted' quote if I've ever seen one.
Link Posted: 9/20/2013 9:07:49 PM EDT
You may not carry where hard liquor is sold by the drink, you may carry in a restaurant with a beer & wine license that derives the majority of their income from food sales. A brew pub won't cut it.
Link Posted: 9/20/2013 9:18:56 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By CQW:
You may not carry where hard liquor is sold by the drink, you may CONCEAL carry in a restaurant with a beer & wine license that derives the majority of their income from food sales. A brew pub won't cut it.
View Quote


fixed
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