New Mexico Misc. Gun Laws
Buying and Selling Guns
Who cannot possess a firearm?
Federal Prohibited Persons
The following are federally prohibited persons:
Under state law, felons may not possess firearms or other deadly weapons, 30-7-16.
The following are federally prohibited persons:
- Anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year; (felony case is in court--you've been arrested, but not yet convicted)
- Anyone convicted of a crime punishable by imprisonment for a term exceeding one year; (a felon)
- A fugitive from justice;
- An unlawful user of or addicted to any controlled substance; (including marijuana, medicinal or not)
- Anyone adjudicated as a mental defective or has been committed to any mental institution;
- An illegal alien;
- Anyone discharged from the military under dishonorable conditions;
- Anyone who has renounced his or her United States citizenship;
- Anyone subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
- Anyone convicted of a misdemeanor crime of domestic violence.
Under state law, felons may not possess firearms or other deadly weapons, 30-7-16.
Dealer Sales
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Visit the NICS Brady Check FBI appeals page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Private Sales
Effective July 1, 2019, Senate Bill 8 (codified as 30-7-7.1) requires all gun sales to go through a licensed dealer. Violations are misdemeanors.
What is the procedure to buy or sell a gun privately?
Per 30-7-7.1 buyers must undergo a NICS check by a federally licensed dealer (FFL). It does not say if the FFL needs to take the gun in and put it on their books, but presumably to run a NICS check using the federal system a Form 4473 will be required under federal law (not state).
Does this apply to temporary transfers of the firearm?
No, only sales, i.e. transfer of ownership for something of value in exchange. Borrowing a gun is allowed as long as ownership is not granted or anything of value is exchanged.
What is the procedure to buy or sell a gun privately?
Per 30-7-7.1 buyers must undergo a NICS check by a federally licensed dealer (FFL). It does not say if the FFL needs to take the gun in and put it on their books, but presumably to run a NICS check using the federal system a Form 4473 will be required under federal law (not state).
Does this apply to temporary transfers of the firearm?
No, only sales, i.e. transfer of ownership for something of value in exchange. Borrowing a gun is allowed as long as ownership is not granted or anything of value is exchanged.
C. (5) "sale" means the sale, delivery or passing of ownership, possession or control of a firearm for
a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business.
Does this apply to relatives?
No. Immediate family members are exempt from the background check law.
No. Immediate family members are exempt from the background check law.
C. (4) "immediate family member" means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle.
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, New Mexico does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, New Mexico does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Self-Defense
Justifiable homicide (30-2-7)
Homicide is justifiable when committed by any person in any of the following cases:
A. when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family;
B. when committed in the lawful defense of himself or of another and when there is a reasonable ground to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished; or
C. when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in his presence, or in lawfully suppressing any riot, or in necessarily and lawfully keeping and preserving the peace.
When homicide is excusable or justifiable defendant to be acquitted (30-2-8)
When homicide is excusable or justifiable defendant to be acquitted. Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged.
Castle Doctrine or No Duty to Retreat (Stand Your Ground)
New Mexico does not have a Castle Doctrine or No Duty to Retreat (Stand Your Ground) law. Recent bills to establish theses laws died in the state legislature. In a ruling from 1946, the state supreme court found in State v. Couch, “A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.” However, despite this ruling citizens who use self-defense in their home may still be prosecuted and would have to argue their defense in court based upon the Couch ruling. There is also no civil suit indemnity statute.