Ok, i know it's legal to openly carry a handgun in NM (not talking CCW here) but i've heard that you can not carry it with a full mag and chambered. Is this true?
(i know the where not to carry laws. ie: bar, school, etc.)
Open carry is legal in NM. And you can have the gun open or concealed in your car loaded but not concealed on body . And you can carry a handgun concealed without a permit but it will have to be unloaded. Which doesn't do you much good for self defense.
Check out this site for more info:
Ya, i've looked up all info on packing.org but really haven't answered my question. If you carry it (say in an under-the-arm, open to view, no over shirt/coat) can it (legally) have one chambered and a full mag? I know the empty law but what about the loaded one?
For anyone else that want's to know the laws in NM.
Car/Gun law summary
Date updated: Friday, July 2, 2004
Motor vehicles are considered extended domain in NM. You may carry open or concealed, including on your person, without a license as long as you remain in the vehicle.
Motorcyclists may carry concealed on their person as well, as long as they remain on the motorcycle. I have been told that extends to within 3 feet of the center of the vehicle to allow for the rider to expose the firearm or store it in lockable saddlebags or trunk but have so far been unable to acquire a written opinion from the A/G. I am still working to obtain that written opinion and will post it here when I do. Use your own best judgment. I am a motorcyclist, I have never had a problem related to my firearm when riding.
NM law is simple. You can either carry a gun in the open, or concealed with a license.
Loaded or not, is not covered by law. So yes, loaded carry is fine here.
BTW, I would never carry a gun concealed without a permit in NM, PERIOD!!
No one has ever been able to show where in the NM law it allows for un-licensed CCW if the gun is unloaded.
Actually, loaded is covered in the law - at least with respect to concealed carry. You may want to take a look at NMSA 1978, § 30-7-2 (2001).
Here's the relevant portion of the Constitution and the statute that defines what constitutes the unlawful carrying of a deadly weapon (since you know where you can't carry already):
N.M. Const. art. II, § 6 (1986)
Section 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
N.M. Stat. Ann. § 30-7-2 (2001)
§ 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.
HISTORY: 1953 Comp., § 40A-7-2, enacted by Laws 1963, ch. 303, § 7-2; 1975, ch. 134, § 1; 1985, ch. 174, § 1; 2001, ch. 219, § 13.