Carry basics

Concealed Carry

Misc.

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Basics

Weapon Laws (Chapter 7, Section 30 NMS)
New Mexico does not have purchase permits, gun registration, or gun-owner licensing. There are no limits on magazine capacity or weapon types. There is no waiting period mandated for firearm purchases and private gun sales are legal. Concealed weapon licenses are shall issue, no license is required to openly carry a firearm. Firearms are strictly regulated on private property.

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Government Buildings
You may not carry a concealed firearm in a courthouse or court facility (29-19-11). Persons carrying a concealed weapon in state buildings are required to be in compliance with the New Mexico Concealed Handgun Carry Act, 1.5.24.16 NMAC. Only concealed carry with a permit and vehicle carry is legal within state parks, 19.5.2.21 NMAC.

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No guns signs 
'No guns' signs have the force of law only for concealed carry; you ​may not carry CONCEALED on private property when 'no guns' signs are posted or by verbally notifying persons upon entering the property, 10.8.2.16 NMAC. This is an administrative regulation under the concealed carry licensing authority. This is separate from alcohol restrictions.

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Bar/restaurant carry
It is generally illegal to carry a firearm in an establishment licensed to dispense alcoholic beverages, unless it is a a restaurant licensed to sell only beer and wine that derives more than 60% of its income from the sale of food. If the business is posted or the citizen is asked to leave/disarm, then it is a gun-free zone regardless, 30-7-3. 

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School carry
It is illegal to carry a firearm on school property in most cases except for parking lot carry in a vehicle by someone 19 or older, 30-7-2.1.

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Campus carry (college/universities)
It is illegal to carry a firearm on university property in most cases except for parking lot carry in a vehicle by someone 19 or older. A university must conspicuously post notices that state that it is unlawful to carry a firearm, 30-7-2.4.

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Car carry
It is legal to carry a firearm, openly or concealed, in a private vehicle, 30-7-2(2). 

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Bus carry
It is unlawful for any person without prior approval from the company to board or attempt to board a bus while in possession of a firearm upon his person or effects and readily accessible to him while on the bus, 30-7-13.

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Airports
No firearms in any airport secure area located beyond the main area where the public generally buys tickets, checks and retrieves luggage. This is past the TSA security checkpoints. Open/concealed carry is not regulated and firearms are not restricted except at private airports.

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Home carry
It is legal to carry a firearm, openly or concealed, your residence or on real property (outside land) belonging to you as owner, lessee, tenant or licensee, 30-7-2(1).

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Indian reservations
Indian tribes can make their own laws regarding firearms and recognition of concealed weapon permits and allowance for open carry varies from reservation to reservation. Tribes cannot enforce tribal law on non-tribal members, though they can enforce state and federal law. 

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Federally Prohibited Places

 Firearms, loaded or unloaded, concealed or openly carried, are prohibited in the following places

• Inside federal facilities (including courthouses and offices like a Social Security office);
• On military bases (military personnel should refer to DoD policy and post orders regarding storing personal weapons on base);
• The Post Office property (includes the parking lot), but not post-office windows in stores (contract stations);
• VA hospitals/facilities including federal veterans' cemeteries (carrying).

Firearms are banned in "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties" and includes essentially all parts of federal court facilities (18 USC § 930). 'No weapons' signs must be posted at federal facilities in order for someone to be convicted (but you may be arrested).

Interstate Transportation Protection 18 USC § 926A
This section was intended to protect innocent passage of travelers who might have a firearm prohibited by local jurisdiction. For instance, a resident of a frontier state driving through California with an 'assault weapon' to another free state. The trip must be from one free state to another, the firearm unloaded, and neither the firearm nor any ammunition is readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Airports/Aircraft 49 CFR 1540.111 and 49 USC § 46505
Under federal law (local laws may differ), firearms are prohibited beyond the TSA checkpoints. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. Check your bags! Even loose ammunition, empty magazines, spent cases, and miscellaneous gun parts have caused problems and prosecutions for travelers. Learn more about the TSA regulations.

Military Bases
Self-defense firearms are generally prohibited on base. Almost uniformly, civilians may not possess firearms on base. Service-members may be required to store their weapons as their commanding officer directs. Check individual base and service branch regulations.

National Park
Section 512, Credit CARD Act of 2009 (and 54 USC § 104906) changed federal law to make park firearm regulations reflect state law. Typically, the only restrictions on firearm carry are state and local laws. If it is legal elsewhere in the state, it is legal in the park and sections that conflict with state law regarding carrying and possessing firearms (but not shooting bans) do not apply. So though on National Park Service lands (National Parks, Monuments, etc.) carrying a firearm or possessing loaded firearms are prohibited in vehicles (unless one has a special park permit, usually for hunting), this does not apply if the state allows open and/or concealed carry, or loaded/unloaded firearms in vehicles.  

The park buildings (visitor centers, offices, etc.) are still federal facilities and off-limits to firearms. Discharge of firearms, except when lawfully hunting, is generally prohibited. Discharge of firearms, except when lawfully hunting, is generally prohibited. NPS pamphlet here. The same applies for National Wildlife Refuges, 16 USC § 1a–7b.

National Forest and Bureau of Land Management (BLM) lands in New Mexico have no ban on the carry of firearms.

Indian Reservations
Firearm carry on Indian reservations is a gray area. Some reservations in New Mexico do permit concealed carry with a valid concealed firearm permit, however, it may vary. Tribes cannot enforce tribal law on non-tribal members, though they can enforce state and federal law. You may be trespassed from the reservation and have your firearm confiscated. One should contact individual reservation authorities for clarification of their regulations.

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State Preemption of Local Laws

No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms, (State Constitution, Article II, Section 6)

Shop holsters

Shop safes

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Federal Prohibited Persons
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.

Who cannot possess a firearm?

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Minors

It is illegal for any person under the age of 18 to hunt with or shoot a firearm unless he is carrying a certificate of successful completion of the New Mexico hunter training course or a course of another state, 17-2-33. 

In addition to the hunting training certificate, the children may carry or shoot a firearm (17-2-35):

• While participating in an organized and supervised shooting program;
• While under the immediate and direct supervision of a parent, guardian or responsible adult; or
• While participating in a course of instruction in the safe handling of firearms offered by the Dept. of Game and Fish.

Hunting still requires a valid hunter training course certificate regardless of the above.

Children may not be in possession of a firearm on school property and they may be taken into custody if probable cause exists for a violation, 32A-2-33.

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Concealed Firearm Permit Reciprocity

All citations are New Mexico Annotated Statutes (NMAS) unless otherwise noted.