Concealed Carry
"Concealed handgun" means a loaded handgun that is not visible to the ordinary observations of a reasonable person.
(29-19-2D)
"Carrying a deadly weapon" means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use (30-7-1).
"Handgun" means a firearm that will, is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches. (29-19-2F)
"Printing," where the imprint of your gun shows through your clothing, is not illegal anywhere in the United States.
Concealed Handgun Licenses
Basics
Concealed handgun licenses are issued by the Dept. of Public Safety (page includes FAQ, application info, and other resources).
Licenses shall be issued or denied not more than 30 days after receiving the application and completion of the background check; this is deceiving as background checks can take up to 90 days. You may renew a licensed anytime from 60 days before the license expires to 60 calendar days after the license expires. You may not carry on an expired license. The initial course is 15 hours. Licenses are valid for four years with a two-hour refresher course every two years. License renewal courses are 4 hours in length. The Dept. of Public safety reports it takes about 12 weeks to receive a license. New Mexico does not issue non-resident licenses. You must have your license in your possession at all time when carrying a firearm.
No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department, 10.8.2.16A NMAC. Qualified on a 9mm? Can't carry a .45. Qualified on a .500 S&W? You can carry just about every caliber of handgun. A licensee shall only carry one concealed handgun at any given time, 10.8.2.16A NMAC.
Licenses shall be issued or denied not more than 30 days after receiving the application and completion of the background check; this is deceiving as background checks can take up to 90 days. You may renew a licensed anytime from 60 days before the license expires to 60 calendar days after the license expires. You may not carry on an expired license. The initial course is 15 hours. Licenses are valid for four years with a two-hour refresher course every two years. License renewal courses are 4 hours in length. The Dept. of Public safety reports it takes about 12 weeks to receive a license. New Mexico does not issue non-resident licenses. You must have your license in your possession at all time when carrying a firearm.
No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department, 10.8.2.16A NMAC. Qualified on a 9mm? Can't carry a .45. Qualified on a .500 S&W? You can carry just about every caliber of handgun. A licensee shall only carry one concealed handgun at any given time, 10.8.2.16A NMAC.
Costs
- New licenses are $100 ($44 for the background check + $56 for the application fee)
- Renewals are $75.00
- License replacements, reinstatements, and updates are $5.00
Where you cannot carry concealed:
- On private property, when 'no guns signs' are posted, 10.8.2.16F NMAC;
- Any establishment that serves alcohol, 30-7-3;
- Restaurants without a full bar, serving only wine and beer, when posted 'no guns,' 30-7-3(A)(4)(b);
- Schools, 30-7-2.1;
- Universities, 30-7-2.4;
- Courthouses, 29-19-11.
- Preschools and child care facilities, including in-home and unlicensed facilities. 10.8.2.16 NMAC
Qualifications
You must (24-19-4A):
Military service members or dependents, see 29-19-15.
You will be denied a license if (24-19-4B):
- Be a citizen of the United States;
- Be a resident of New Mexico or is a member of the armed forces or dependent whose permanent duty station is located in New Mexico;
- Be Twenty-one years of age or older;
- Not be a fugitive from justice;
- Not currently be under indictment for a felony criminal offense in New Mexico or any other state;
- Not be prohibited from purchasing or possessing a firearm;
- Have not been adjudicated mentally incompetent or committed to a mental institution;
- Not be addicted to alcohol or controlled substances.
Military service members or dependents, see 29-19-15.
You will be denied a license if (24-19-4B):
- You have received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within 10 years;
- You have been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years;
- You have been convicted of a misdemeanor involving the possession or abuse of a controlled substance within 10 years; or
- Have been convicted of a misdemeanor involving assault, battery or battery against a household member (domestic violence).
Documents (10.8.2.12 NMAC)
Proof of citizenship: A certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States.
Proof of residency: A copy of a valid New Mexico driver's license or state ID card, and one of the following;
Possession by an applicant of a driver's license issued by another state shall create a rebuttable presumption of residency in such other state.
Photographs
To streamline the application process, the department may obtain digital color photographs of an applicant from the motor vehicle division of the taxation and revenue department or another government agency. If the department requests an applicant to provide photographs the photographs shall be in color, be a minimum of 3 inches by 3 inches, and be a full frontal view of the applicant without a hat, sunglasses, or any other item that would obstruct or alter the features of the applicant. The department will not accept photographs that are too dark, too bright, fuzzy, out of focus, or unclear.
Proof of residency: A copy of a valid New Mexico driver's license or state ID card, and one of the following;
- Proof that the applicant is registered to vote in New Mexico;
- A New Mexico income tax return filed within the last year;
- A United States armed forces identification card and orders of permanent duty station in New Mexico; or
- Other proof acceptable to the department.
Possession by an applicant of a driver's license issued by another state shall create a rebuttable presumption of residency in such other state.
Photographs
To streamline the application process, the department may obtain digital color photographs of an applicant from the motor vehicle division of the taxation and revenue department or another government agency. If the department requests an applicant to provide photographs the photographs shall be in color, be a minimum of 3 inches by 3 inches, and be a full frontal view of the applicant without a hat, sunglasses, or any other item that would obstruct or alter the features of the applicant. The department will not accept photographs that are too dark, too bright, fuzzy, out of focus, or unclear.
Application (29-19-5)
In addition to the documents mentioned above and the completed application packet, you will be required to submit the:
The non-refundable application fee is $100 ($44 for the background check + $56 for the application fee). Current and retired law enforcement officers are exempt from this fee, 10.8.2.12.
Fingerprints
Fingerprints are handled by a vendor, 3M Cogent. Learn more about the New Mexico Applicant Processing Service (NMAPS).
- Training Certificate;
- Electronic Fingerprint Background Check;
- Health Information Release Form;
- Authorization for Release of Information.
The non-refundable application fee is $100 ($44 for the background check + $56 for the application fee). Current and retired law enforcement officers are exempt from this fee, 10.8.2.12.
Fingerprints
Fingerprints are handled by a vendor, 3M Cogent. Learn more about the New Mexico Applicant Processing Service (NMAPS).
Training
You must have satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry as a concealed handgun, 29-19-4(10).
Proof of handgun competency 10.8.2.12 NMAC
An applicant shall prove that he or she can competently and safely fire a handgun by filing a certified copy of a certificate of completion for a firearms training course approved by the department issued by an approved instructor not more than 90 calendar days prior to the date the application is filed. Law enforcement officers and concealed carry instructors are generally exempt.
Firearms training courses, 29-19-7
A firearms training course shall include classroom instruction and range instruction and an actual demonstration by the applicant of his ability to safely use a handgun. An applicant shall not be licensed unless he demonstrates, at a minimum, his ability to use a handgun of .32 caliber. An approved firearms training course shall be a course that is certified or sponsored by a federal or state law enforcement agency, a college, a firearms training school or a nationally recognized organization, approved by the department, that customarily offers firearms training. The firearms training course shall be not less than 15 hours in length and shall provide instruction regarding:
Refresher course, 10.8.2.15 NMAC
A licensee shall complete a two hour refresher course two years after the issuance of an initial or renewed license which shall be range qualification of their approved caliber of handgun and the instructor shall notify the department within thirty (30) days on a form prescribed by the department. A licensee seeking renewal of a license shall satisfactorily complete a refresher firearms training course approved by the department that includes at least 4 hours of classroom and firing range instruction.. The department may suspend a license if the licensee does not comply with the refresher requirements. Upon complying, the licensee shall submit a $5.00 reinstatement fee.
Course and shooting standards, 10.8.2.15 NMAC
Law enforcement exemption
Student protection, 10.8.2.25(3) NMAC
If the department finds, after notice and a public hearing, that the person teaching the course was not an approved instructor, was impaired, or was teaching something contrary to law or accepted safety practices, the department may order the person to refund to every student in the class the person was teaching any fees paid by the student to take the class. If the department finds that all or any portion of the firearms training course was deficient because the instructor was not an approved instructor, was impaired, or was teaching something contrary to law or safety, the department may require the students in that class to retake the portions that were deficient. The department may also initiate proceedings to suspend or revoke the approved instructor’s license.
Proof of handgun competency 10.8.2.12 NMAC
An applicant shall prove that he or she can competently and safely fire a handgun by filing a certified copy of a certificate of completion for a firearms training course approved by the department issued by an approved instructor not more than 90 calendar days prior to the date the application is filed. Law enforcement officers and concealed carry instructors are generally exempt.
Firearms training courses, 29-19-7
A firearms training course shall include classroom instruction and range instruction and an actual demonstration by the applicant of his ability to safely use a handgun. An applicant shall not be licensed unless he demonstrates, at a minimum, his ability to use a handgun of .32 caliber. An approved firearms training course shall be a course that is certified or sponsored by a federal or state law enforcement agency, a college, a firearms training school or a nationally recognized organization, approved by the department, that customarily offers firearms training. The firearms training course shall be not less than 15 hours in length and shall provide instruction regarding:
- Knowledge of and safe handling of single- and double-action revolvers and semiautomatic handguns;
- Safe storage of handguns and child safety;
- Safe handgun shooting fundamentals;
- Live shooting of a handgun on a firing range;
- Identification of ways to develop and maintain handgun shooting skills;
- Federal, state and local criminal and civil laws pertaining to the purchase, ownership, transportation, use and possession of handguns;
- Techniques for avoiding a criminal attack and how to control a violent confrontation; and
- Techniques for nonviolent dispute resolution.
Refresher course, 10.8.2.15 NMAC
A licensee shall complete a two hour refresher course two years after the issuance of an initial or renewed license which shall be range qualification of their approved caliber of handgun and the instructor shall notify the department within thirty (30) days on a form prescribed by the department. A licensee seeking renewal of a license shall satisfactorily complete a refresher firearms training course approved by the department that includes at least 4 hours of classroom and firing range instruction.. The department may suspend a license if the licensee does not comply with the refresher requirements. Upon complying, the licensee shall submit a $5.00 reinstatement fee.
Course and shooting standards, 10.8.2.15 NMAC
- An applicant or licensee shall demonstrate competency in the safe use of each category and highest caliber of handgun for which he or she seeks certification by firing the handgun with live ammunition at a target no larger than 12 inches wide and 18 inches high.
- An applicant or licensee shall fire 15 rounds from three yards and 10 rounds from seven yards.
- An applicant or licensee shall score 4 points for each shot that hits within the scoring line and zero points for each shot that hits outside the scoring line. An applicant must obtain a score of 72% to pass the competency demonstration.
- Must demonstrate knowledge and understanding of the subjects specified in Subsection A of NMSA 1978 Section 29-19-7.
Law enforcement exemption
- Current certified law enforcement officers employed by a law enforcement agency and residing in New Mexico are not required to attend a civilian firearms training course.
- Law enforcement officers who are residents of New Mexico and have retired in good standing within the previous 10 years are not required to attend a firearms training course.
- Law enforcement officers retired longer than 10 years are required to attend a firearms course pursuant to the act.
Student protection, 10.8.2.25(3) NMAC
If the department finds, after notice and a public hearing, that the person teaching the course was not an approved instructor, was impaired, or was teaching something contrary to law or accepted safety practices, the department may order the person to refund to every student in the class the person was teaching any fees paid by the student to take the class. If the department finds that all or any portion of the firearms training course was deficient because the instructor was not an approved instructor, was impaired, or was teaching something contrary to law or safety, the department may require the students in that class to retake the portions that were deficient. The department may also initiate proceedings to suspend or revoke the approved instructor’s license.
Appeals and Denials (29-19-6)
The department, within 30 days after receiving a completed application for a concealed handgun license and the results of a national criminal background check on the applicant. This is deceiving as background checks can take up to 90 days.
If the department finds that the applicant does not meet the requirements for issuance of a license, the department shall cite the particular requirements of the act or this rule that the applicant has failed to meet, 10.8.2.13B(2).
If the department finds that the applicant does not meet the requirements for issuance of a license, the department shall cite the particular requirements of the act or this rule that the applicant has failed to meet, 10.8.2.13B(2).
Suspension and Revocation (10.8.2.21 NMAC)
The department may suspend or revoke a license if the licensee:
Notice of suspension or revocation and surrender of license (part C)
The department shall review the affidavit and attachments, and, if the department finds probable cause to suspend or revoke the license, may issue an order of suspension or revocation to the licensee advising the licensee of his right to a hearing in accordance with 10.8.2.26 NMAC. If the licensee elects not to request a hearing, the licensee shall surrender his license to the department within 15 calendar days of the expiration of the period for requesting a hearing.
Term of suspension or revocation and reapplication (part D)
The department may suspend a license for up to one year. The licensee may file an application to renew the license upon expiration of the term of suspension. The department may revoke a license. The person whose license was revoked may file an application for another license no earlier than one year from the date the license was revoked.
- Is found to have violated any provision of the act or this rule;
- Is a fugitive from justice;
- Is convicted of a felony;
- Is under indictment for a felony criminal offense;
- Is prohibited by law from purchasing or possessing a firearm;
- Is adjudicated mentally incompetent or committed to a mental institution;
- Is addicted to alcohol or controlled substances;
- receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendre to a misdemeanor involving a crime of violence within 10 years;
- Is convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs;
- Is convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within 10 years;
- Is convicted of a misdemeanor offense involving assault, battery or battery against a household member; or
- Is subject to a valid protective order issued by a court.
Notice of suspension or revocation and surrender of license (part C)
The department shall review the affidavit and attachments, and, if the department finds probable cause to suspend or revoke the license, may issue an order of suspension or revocation to the licensee advising the licensee of his right to a hearing in accordance with 10.8.2.26 NMAC. If the licensee elects not to request a hearing, the licensee shall surrender his license to the department within 15 calendar days of the expiration of the period for requesting a hearing.
Term of suspension or revocation and reapplication (part D)
The department may suspend a license for up to one year. The licensee may file an application to renew the license upon expiration of the term of suspension. The department may revoke a license. The person whose license was revoked may file an application for another license no earlier than one year from the date the license was revoked.
Hearings (10.8.2.26)
Written notice required
The department shall mail an order of denial, suspension, or revocation and instructions for requesting a hearing to the respondent. The order shall become final on the 35th day after the date the notice was postmarked unless the department receives a request for a hearing, or the notice is returned to the department as undeliverable, before that date.
Request for hearing
A respondent who seeks reconsideration of an order of denial, suspension, or revocation shall file a request for hearing. The request for hearing shall:
Hearing date
Within 30 days of receipt of a request for hearing, the department will mail a notice of hearing to the respondent. The hearing shall be held within a reasonable period of time, but in no case sooner than 20 days after the notice is postmarked or later than 90 days from the date the department receives the request for hearing. The department may extend the time for a hearing one time for up to an additional 60 days. The department shall not unreasonably deny a request for postponement of the hearing made by a respondent.
Nature of hearing
The hearing shall be conducted in an informal manner. The hearing may be conducted in person or by telephone conference call, video conferencing, or other appropriate technology at the department’s expense.
Testimony
Testimony at the hearing shall be taken under oath.
Rights of respondent
The respondent has the right to:
Deliberation
At the close of the hearing, the hearing examiner shall review and consider the entire record, prepare findings of fact, conclusions of law, and a recommended decision, and submit them to the secretary not later than 20 calendar days after the close of the hearing. The hearing examiner shall make a finding on each ground for denial, suspension, or revocation alleged. The recommended decision shall be based upon substantial, competent, and relevant evidence and testimony appearing in the record of hearing.
Final order
Within 20 calendar days of receipt of the recommended decision, the secretary shall review the record of the hearing and issue a final order affirming the denial of an application for, or suspension or revocation of, a license or permit or reversing the denial, suspension, or revocation and authorizing issuance or reinstatement of a license or permit. The department shall mail a copy of the final order to the respondent. The final order shall be based upon substantial, competent, and relevant evidence and testimony appearing in the record of hearing.
Appeals
A respondent adversely affected by a final order of the department may file a petition for a writ of certiorari in the district court in the county where the respondent resides within 30 days of the date the final order was postmarked. The appellant shall bear the costs of the appeal.
The department shall mail an order of denial, suspension, or revocation and instructions for requesting a hearing to the respondent. The order shall become final on the 35th day after the date the notice was postmarked unless the department receives a request for a hearing, or the notice is returned to the department as undeliverable, before that date.
Request for hearing
A respondent who seeks reconsideration of an order of denial, suspension, or revocation shall file a request for hearing. The request for hearing shall:
- Be in writing;
- Be received by the department within 35 days of the date the notice is postmarked;
- State with specificity the basis for challenging the order; and
- Provide any additional documentation to support the challenge.
Hearing date
Within 30 days of receipt of a request for hearing, the department will mail a notice of hearing to the respondent. The hearing shall be held within a reasonable period of time, but in no case sooner than 20 days after the notice is postmarked or later than 90 days from the date the department receives the request for hearing. The department may extend the time for a hearing one time for up to an additional 60 days. The department shall not unreasonably deny a request for postponement of the hearing made by a respondent.
Nature of hearing
The hearing shall be conducted in an informal manner. The hearing may be conducted in person or by telephone conference call, video conferencing, or other appropriate technology at the department’s expense.
Testimony
Testimony at the hearing shall be taken under oath.
Rights of respondent
The respondent has the right to:
- Attend the hearing;
- File evidence in open hearing;
- Recuse a hearing examiner for cause;
- Be assisted or represented by an attorney or other person at his own expense; and
- Call, examine and cross-examine witnesses.
Deliberation
At the close of the hearing, the hearing examiner shall review and consider the entire record, prepare findings of fact, conclusions of law, and a recommended decision, and submit them to the secretary not later than 20 calendar days after the close of the hearing. The hearing examiner shall make a finding on each ground for denial, suspension, or revocation alleged. The recommended decision shall be based upon substantial, competent, and relevant evidence and testimony appearing in the record of hearing.
Final order
Within 20 calendar days of receipt of the recommended decision, the secretary shall review the record of the hearing and issue a final order affirming the denial of an application for, or suspension or revocation of, a license or permit or reversing the denial, suspension, or revocation and authorizing issuance or reinstatement of a license or permit. The department shall mail a copy of the final order to the respondent. The final order shall be based upon substantial, competent, and relevant evidence and testimony appearing in the record of hearing.
Appeals
A respondent adversely affected by a final order of the department may file a petition for a writ of certiorari in the district court in the county where the respondent resides within 30 days of the date the final order was postmarked. The appellant shall bear the costs of the appeal.
Replacements (10.8.2.19 NMAC)
Information change
Loss, theft, or destruction of license
A licensee who loses his license or whose license is stolen or destroyed shall file a police report within 10 working days of the date the licensee discovers the loss, theft, or destruction of the license. The licensee shall not carry a concealed handgun until he obtains a replacement license. A licensee who seeks to replace a license that is lost, stolen, or destroyed shall file with the department:
- A licensee who changes his or her name, address or law enforcement status shall file within 30 days:
- An application for a replacement license on the form prescribed by the department;
- If applicable, a certified copy of a legal document proving the change of name; and
- A nonrefundable $5.00 processing fee; and
- If applicable, proof of reemployment with a law enforcement agency.
Loss, theft, or destruction of license
A licensee who loses his license or whose license is stolen or destroyed shall file a police report within 10 working days of the date the licensee discovers the loss, theft, or destruction of the license. The licensee shall not carry a concealed handgun until he obtains a replacement license. A licensee who seeks to replace a license that is lost, stolen, or destroyed shall file with the department:
- An application for a replacement license on the form prescribed by the department;
- The case number of the police report;
- A notarized statement made under oath that the license was lost, stolen or destroyed; and
- A nonrefundable $5.00 processing fee.
Renewal and transfer (10.8.2.17 NMAC)
Renewal
A licensee may file an application for a renewed license on the form prescribed by the department. The licensee may file the application anytime from 60 calendar days before the license expires until 60 calendar days after the license expires. If the license has expired, a licensee shall not carry a concealed handgun until he receives his renewed license. The licensee shall complete a refresher firearms training course prior to filing the application.
The licensee shall file with the department:
To transfer a license from another state
New Mexico does not offer a true reciprocal transfer of licenses from other states. One must essentially apply for a New Mexico license from scratch.
A person seeking to transfer a license from another state may file an application for a New Mexico renewed license on the form prescribed by the department. An applicant for transfer shall not carry a concealed handgun in New Mexico until the applicant receives a New Mexico license unless they have a license from a state that has been accepted by transfer, recognition or reciprocity by New Mexico. In addition to the filings required above for renewals, the applicant for transfer shall file:
The applicant for transfer shall complete:
The applicant for transfer must meet all other requirements for obtaining a license in New Mexico by showing either that:
The requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
The applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.
The department has 30 days to issue or deny an application for renewal or transfer.
A licensee may file an application for a renewed license on the form prescribed by the department. The licensee may file the application anytime from 60 calendar days before the license expires until 60 calendar days after the license expires. If the license has expired, a licensee shall not carry a concealed handgun until he receives his renewed license. The licensee shall complete a refresher firearms training course prior to filing the application.
The licensee shall file with the department:
- 2 full sets of fingerprints;
- A certified copy of a certificate of completion for a refresher firearms training course approved by the department issued by an approved instructor not more than 90 days prior to the date the application is filed; and
- A nonrefundable $75.00 renewal fee;
- A copy of New Mexico drivers license or other government issued identification which contains a picture.
To transfer a license from another state
New Mexico does not offer a true reciprocal transfer of licenses from other states. One must essentially apply for a New Mexico license from scratch.
A person seeking to transfer a license from another state may file an application for a New Mexico renewed license on the form prescribed by the department. An applicant for transfer shall not carry a concealed handgun in New Mexico until the applicant receives a New Mexico license unless they have a license from a state that has been accepted by transfer, recognition or reciprocity by New Mexico. In addition to the filings required above for renewals, the applicant for transfer shall file:
- Proof of citizenship;
- Proof of residency;
- Proof of age; and
- A photocopy of the license being transferred.
The applicant for transfer shall complete:
- A refresher firearms training course if the firearms training required by the other state meets or exceeds New Mexico firearms training requirements and the licensee completed firearms training not more than 1 year prior to filing the application; or
- An initial firearms training course if the firearms training required by the other state does not meet New Mexico firearms training requirements or the licensee completed firearms training more than 1 year prior to filing the application.
The applicant for transfer must meet all other requirements for obtaining a license in New Mexico by showing either that:
The requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
The applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.
The department has 30 days to issue or deny an application for renewal or transfer.
Carrying on Your License
No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. Qualified on a 9mm? Can't carry a .45. Qualified on a .500 S&W? You can carry just about every caliber of handgun. A licensee shall only carry one concealed handgun at any given time. (10.8.2.16A NMAC)
Only carry guns licensed for
If a licensee wishes to add another category (revolver/automatic) or additional higher calibers of handguns to his license, the licensee shall file with the department an application for a renewed license. The licensee shall also submit a certified copy of a certificate of completion from an approved instructor stating that the licensee has demonstrated competency on a firing range for each additional category and caliber of handgun, his current license, and a $5.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue a renewed license within 10 days of receipt of the application. The renewed license shall expire on the same date as the original license would have expired. (10.8.2.18 NMAC)
Only carry guns licensed for
If a licensee wishes to add another category (revolver/automatic) or additional higher calibers of handguns to his license, the licensee shall file with the department an application for a renewed license. The licensee shall also submit a certified copy of a certificate of completion from an approved instructor stating that the licensee has demonstrated competency on a firing range for each additional category and caliber of handgun, his current license, and a $5.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue a renewed license within 10 days of receipt of the application. The renewed license shall expire on the same date as the original license would have expired. (10.8.2.18 NMAC)
Police Authority
Authority to disarm
A peace officer acting in the lawful discharge of his official duties is authorized to disarm a licensee at any time the peace officer has probable cause to believe it is necessary for the protection of the licensee, peace officer or other individual. The peace officer shall return the handgun to the licensee before dismissing the licensee from the scene when the peace officer has determined that the licensee is not a threat to himself, the peace officer, or other individuals, provided that the licensee has not violated any provision of the act or this rule, or committed any other violation which could result in arrest of the licensee. If the peace officer has probable cause to believe that the handgun is stolen, has an altered serial number, or has been used in the commission of a crime, the peace officer shall hold the handgun in evidence and shall submit a copy of his or her agency report to the department within 10 working days. (10.8.2.20A NMAC)
Authority to confiscate license
A peace officer may confiscate a license if the licensee has violated any provision of the act or this rule, or committed any other violation that could result in arrest of the licensee. If the licensee has committed a violation of the act or rule warranting suspension or revocation of the license, the officer shall file an affidavit of violation. (10.8.2.20B NMAC)
A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun, 29-19-9.
A peace officer acting in the lawful discharge of his official duties is authorized to disarm a licensee at any time the peace officer has probable cause to believe it is necessary for the protection of the licensee, peace officer or other individual. The peace officer shall return the handgun to the licensee before dismissing the licensee from the scene when the peace officer has determined that the licensee is not a threat to himself, the peace officer, or other individuals, provided that the licensee has not violated any provision of the act or this rule, or committed any other violation which could result in arrest of the licensee. If the peace officer has probable cause to believe that the handgun is stolen, has an altered serial number, or has been used in the commission of a crime, the peace officer shall hold the handgun in evidence and shall submit a copy of his or her agency report to the department within 10 working days. (10.8.2.20A NMAC)
Authority to confiscate license
A peace officer may confiscate a license if the licensee has violated any provision of the act or this rule, or committed any other violation that could result in arrest of the licensee. If the licensee has committed a violation of the act or rule warranting suspension or revocation of the license, the officer shall file an affidavit of violation. (10.8.2.20B NMAC)
A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun, 29-19-9.
Alcohol
A concealed handgun licensee may carry a concealed firearm (not open carry):
- At a licensed establishment that does not sell alcoholic beverages for consumption on the premises (grocery, package, liquor, or convenience store);
- A restaurant licensed to sell only beer and wine that derives no less than 60% of its annual gross receipts from the sale of food for consumption on the premises unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant (Figure ). You cannot carry in a restaurant with a full bar.
Reciprocity (29-19-12 and 10.8.2.28 NMAC)
The secretary or his designee shall have discretionary authority to afford transfer, recognition or reciprocity to a concealed handgun license issued by another state, transfer, recognition or reciprocity. Transfer, recognition or reciprocity may be granted if the other state:
Each state which the department has afforded transfer, recognition or reciprocity shall be listed on the department’s web page.
- Issues a license or permit with an expiration date printed on the license or permit;
- Is available to verify the license or permit status for law enforcement purposes within three business days of request;
- Has disqualification, suspension and revocation requirements for a concealed handgun license or permit;
- Requires that an applicant for a concealed handgun license or permit submit to a national criminal history records check;
- Requires that an applicant not be prohibited from possessing firearms pursuant to federal or state law; and
- Requires that an applicant satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship.
Each state which the department has afforded transfer, recognition or reciprocity shall be listed on the department’s web page.
Concealed carry is better than open carry because surprise will work to my advantage.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.