462:, but there is no definition for a "loaded firearm" in New Mexico statutes. Additionally, state law (NMSA 29-19-2) defines a concealed handgun as "a loaded handgun that is not visible to the ordinary observations of a reasonable person." This definition creates legal ambiguity for partially-exposed weapons, as the firearm may be visible to one person and thus no violation of law occurs since it would be viewed as open carry. However, the same partially-exposed weapon may not be readily visible to a second person, thus potentially placing the carrying person in violation of the state's concealed carry law if the individual carrying does not have a valid license for concealed carry. A CHL is not required for open carry, concealed carry of an unloaded firearm on foot, or concealed carry of a loaded or unloaded firearm while in a vehicle (including motorcycles, bicycles, off-road vehicles, motor homes, or riding a horse). An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category (e.g., revolver and semi-automatic) and caliber of handgun (must be between .32 and .50 caliber, as any caliber over .50 is considered a
466:; calibers smaller than .32 are not allowed for CHL qualification). A permit is valid for four years, but license holders must pass the shooting proficiency test every two years. An applicant may appeal the denial of a Concealed Handgun License by requesting a hearing before the Department of Public Safety within 35 days of receipt of an Order of Denial for a CHL. An unfavorable ruling on the appeal by the DPS may be further appealed through the New Mexico courts. New Mexico currently recognizes concealed carry permits from or has reciprocal agreements with the following states: Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kansas, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming. New Mexico does not issue CCW permits to non-residents, except for Active Duty military members permanently assigned to a military installation within the state. Part-time residents with a valid New Mexico ID or Driver's license may apply for a New Mexico CHL. New Mexico does not recognize out-of-state nonresident permits held by in-state residents for concealed carry. In other words, New Mexico residents must hold a New Mexico CHL to lawfully carry a concealed, loaded handgun while on foot within the state.
562:
constitutes a 4th Degree Felony. The state also has an "opt-out" statute, allowing home and business owners the ability to legally forbid firearms on their property and/or in their buildings with appropriately displayed signage stating such prohibition. While violating certain "gun free" areas carries legal penalties that can be punishable by up to 18 months imprisonment and/or a $ 5,000 fine, it is more common for those who inadvertently carry into such areas to be reprimanded by law enforcement officials and possibly have their concealed carry license suspended or revoked. For prohibitions of concealed carry on private property, New Mexico law does not require a specifically-formatted sign posted at such locations, and verbal notification of such prohibition has the force of law. Those who refuse to either leave or check their firearms upon notification of such prohibition may be charged with trespassing, a misdemeanor punishable by up to a year in county jail and/or $ 1,000 fine.
387:
hours of the order, to law enforcement or to a licensed firearms dealer for safekeeping until the order expires or is rescinded. The judge will then schedule a hearing within 10 days to determine based on the preponderance of evidence if the weapons should be returned to the owner, or to issue an
Extreme Risk Firearm Protection Order (ERFPO) for up to 1 year. New Mexico's Red Flag law also allows for an individual subject to an ERFPO to sell or transfer seized/surrendered firearms to a licensed firearms dealer or other non-prohibited buyer, after the buyer has passed a NICS background check. Authorities in some rural jurisdictions have refused to enforce New Mexico's Red Flag Law.
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members and veterans honorably discharged within 20 years of permit application are exempt from training requirement. Permit required to carry concealed loaded firearm on foot. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle. Unlawfully carrying a concealed firearm is a petty misdemeanor that is punishable by up to 6 months in a county jail and/or a fine of up to $ 500. Except for active-duty military members and dependents permanently stationed in the state, New Mexico does not issue CHLs to non-residents.
315:
feels "threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself." Currently, the courts have limited the scope of Castle
Doctrine/Stand Your Ground to self-defense situations occurring inside the defender's home, and neither law nor court precedents provide the defender immunity from lawsuits by the aggressor arising from the use of lethal force in self-defense. Additionally, judicial precedents in New Mexico have established that the use of lethal force is not justifiable in defense of one's property alone.
591:
include: 1) whether the aggressor acted without provocation by the defender; 2) the aggressor reasonably posed a risk of bodily harm to the defender (or third party subject to the attack); 3) whether there was an avenue of escape available to the defender in order to avoid or evade the aggressor; and 4) whether the amount of force used to stop the attack was reasonable. Those who lawfully use lethal force in self-defense may still face prosecution and have to reference the 1946 Couch decision as an
436:
firearms policies and protections under the federal
Firearm Owners' Protection Act (FOPA) do apply. While some tribes have established gun control policies that match New Mexico state law and honor New Mexico concealed carry permits, other tribes do not recognize any concealed carry permit regardless of where it was issued, and have far more restrictive gun control laws. Tribes with laws that do not match New Mexico state law have policies on open and concealed carry that vary from
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carry into a restaurant licensed to sell only beer and wine that derives no less than sixty percent 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.
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attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.β As applied to self-defense situations inside the home, the Couch ruling establishes the presumption that an aggressor unlawfully entering an occupied dwelling intends to inflict bodily harm on a homeowner or lawful occupant, thereby justifying the use of lethal force in such situations.
19:
432:"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."
565:
New Mexico has an "extended domain" law, which means that a person's vehicle (including motorcycles, bicycles, all-terrain vehicles, RVs, and while riding a horse) is considered an extension of their home. It is therefore legal to carry a loaded firearm without a permit, openly or concealed, anywhere
494:
concealed carry law that would have allowed cities and counties to opt out of honoring concealed carry permits and maintain outright bans on concealed carry. At the time, officials in most larger cities, notably
Albuquerque and Santa Fe, strongly opposed the legalization of statewide concealed carry.
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NMSA 40-17 allows law enforcement officials to petition a judge to order the temporary seizure of firearms from an individual where there is probable cause that the individual will cause harm to themselves or others. Under the law, the subject has the option to surrender his or her firearms within 48
590:
Authorities currently conduct investigations to determine on a case-by-case basis if the use of lethal force in self-defense was justified, particularly for situations occurring outside of the home. Factors that authorities consider in determining whether or not the use of lethal force was justified
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held that defense of habitation alone, without specific statute, gave a homeowner the right to meet force with force βfor a manβs house is his castle.β As a result of this ruling, judges provide a specific instruction to juries in self-defense cases, which states, βA person who is threatened with an
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state for the concealed carry of handguns, and permits the open carry of loaded firearms without a permit. A New Mexico
Concealed Handgun License (CHL) is required by in-state residents to carry in a concealed manner a loaded handgun while on foot. Per state law, a firearm may be considered "loaded"
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depending on the tribal nation. Some Native
American reservations that do allow open or concealed carry (but do not honor the New Mexico Concealed Handgun License) typically have established their own permitting systems, where applications for concealed carry permits are processed and adjudicated by
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As of July 1, 2010, 30-7-3 NMSA a person licensed to carry a concealed handgun in New Mexico is allowed to legally carry into a licensed liquor establishment that DOES NOT sell alcohol for consumption on the premise. Further a person licensed to carry a concealed handgun in New Mexico is allowed to
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Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. Violating these "gun-free" establishments is a full misdemeanor punishable by less than one year in the county jail and/or a fine of
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New Mexico's self-defense statute (NMSA 30-2-7) is vaguely worded and does not specifically address Castle
Doctrine or Stand Your Ground situations. However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably
435:
State gun laws do not pre-empt tribal laws on Native
American reservations, which cover a significant portion of the state. The only exception to this is when one is traveling through the reservation on a state-owned highway (includes US and Interstate highways) or county road, in which case state
431:
New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. However, local jurisdictions may restrict or ban the discharge of firearms within their boundaries. In 1986, Article 2, Section 6 of the state constitution was amended to say,
263:
Firearms and ammunition may be stored in a locked vehicle while parked on campus, and may be carried while driving in a vehicle on campus, but may not be carried on foot while on campus property or stored in an on-campus facility. Exceptions exist for university-sponsored shooting events and ROTC
569:
Concealed carry of an unloaded firearm is legal without a permit in New Mexico, however the same restrictions that apply to openly carried firearms apply. Persons under age 19 cannot carry in this manner unless traveling to certain sporting, recreational or training events as defined in law or on
578:
Court precedents and New Mexico's 1907 self-defense law allow someone to use deadly force to stop an attack inside one's own home (to include lawfully-occupied apartments, condominiums, RVs and hotel rooms), but the state courts have ruled that the use of lethal force is not justifiable for the
296:
As stated in
Article 2, Section 6 of the New Mexico Constitution. Tribal laws on Native American reservations not pre-empted. Some tribes recognize New Mexico firearms laws, while others do not and have far more restrictive firearms policies. Additionally, some local jurisdictions have enacted
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Shall-issue to full-time and part-time residents (who hold a valid New Mexico ID/Driver's
License), with passage of a criminal history check and mental health records check, and completion of 15-hour handgun safety course that includes live-fire instruction. Active military and law enforcement
561:
Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, school, or restaurant that serves alcohol. Carrying of a concealed weapon into a store that sells alcohol for off site consumption is legal, but open carry is not allowed in these locations, and
243:
Although not mandated by state law, it is customary in New Mexico to inform law enforcement officials when transporting firearms. Those who are carrying a loaded pistol or revolver concealed while on foot must carry their CHL with them and present it upon demand by law enforcement.
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state. Open carry of a loaded firearm without a license is legal statewide, except for restricted places listed in the section below. Provisions in the New Mexico Constitution prevent counties or municipalities from enacting ordinances restricting or banning open carry.
445:
the respective tribal council or tribal police. Permits on such reservations may be available to the general public or limited to tribal members, depending on the tribal nation policies. A few tribes completely ban firearms carry of any kind, except by law enforcement.
404:
Effective July 1, 2019. Senate Bill 8, which establishes a requirement for NICS background checks for private-party transfers was signed into law on March 8, 2019. Exceptions will exist for active/retired LEO transfers and transfers between immediate family members.
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to any criminal charges arising from the incident. Additionally, one using lethal force in lawful self-defense does not have immunity either through statute or court precedents from potential lawsuits by the aggressor and/or his or her surviving relatives.
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New Mexico recognizes permits from states with reciprocity agreements (currently 24 states). New Mexico law limits reciprocity agreements to states with licensing standards that are substantially similar or more restrictive than New Mexico's.
515:
law, which pre-empted any existing local restrictions on firearms carry, was passed in 2003, with the issuance of Concealed Handgun Licenses beginning later that year, after surviving its own legal challenge by concealed carry opponents.
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defense of property alone. The use of lethal force to protect one's life or that of a third party outside of the home remains a legal gray area in New Mexico, and such situations are handled by authorities on a case-by-case basis.
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State colleges and university campuses, although firearms may be kept in locked vehicles while on campus; except that firearms may be carried in designated areas of the campus as part of a school-sponsored shooting event or ROTC
796:
2011 New Mexico Statutes Chapter 30: Criminal Offenses Article 7: Weapons and Explosives, 30-7-1 through 30-7-22 Section 30-7-2.4: Unlawful carrying of a firearm on university premises; notice; penalty. Retrieved August 24,
52:, which is reflected in New Mexico's constitution and gun laws. State laws governing the possession and use of firearms include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".
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855:
950:
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ordinances restricting or banning the discharge of firearms within their boundaries, with exceptions for shooting ranges and designated hunting areas during hunting season.
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2011 New Mexico Statutes Chapter 30: Criminal Offenses Article 2: Homicide, 30-2-1 through 30-2-9 Section 30-2-7: Justifiable homicide by citizen. Retrieved July 6, 2016
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without a permit has always been permitted statewide). In unincorporated rural areas, concealed carry without a license was legal. In 2001, state lawmakers passed a
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899:
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One may travel through or within New Mexico with a loaded weapon in a vehicle. Federal law pre-empts Native American reservation laws. FOPA is observed.
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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.
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Additionally, New Mexico law prohibits the carrying of firearms with or without a permit in the following locations or circumstances:
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K-12 schools (although a firearm may be kept in a vehicle while picking up or dropping off a passenger at a K-12 school)
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New Mexico is among states with some of the least restrictive firearms laws in the country. Being part of the
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While under the influence of alcohol or drugs, including certain prescription or over-the-counter medications
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New Mexico's current concealed carry permit law was enacted in 2003. Prior to 2003, New Mexico was a hybrid
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in a vehicle. On foot, no permit is required to carry a firearm unless it is both loaded and concealed.
975:
627:, National Rifle Association β Institute for Legislative Action (NRA-ILA). Retrieved February 12, 2013.
998:
New Mexico Department of Public Safety β Concealed Carry Rules Amended and Approved, November 17, 2005
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A loaded firearm may be carried/transported either openly or concealed in a vehicle without a permit.
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1036:"The Licensing of Concealed Handguns for Lawful Protection: Support from Five State Supreme Courts"
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New Mexico Department of Public Safety β Information Concerning the Carrying of Concealed Weapons
701:"Large Capacity Ammunition Magazines in New Mexico | Giffords Law Center to Prevent Gun Violence"
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when a magazine with live ammunition is inserted into the weapon and/or a live round is in the
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state, where concealed carry was completely banned in incorporated cities and towns (although
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862:
Gov. Lujan Grisham says law enforcement has to enforce new red-flag law, KOB-TV Feb 25, 2020
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law was enacted but before it could go into effect, the City of Albuquerque filed a lawsuit
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726:"Military CCW Applicants, New Mexico Department of Public Safety, Retrieved Mar 29, 2016"
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Private property where owners or tenants state that no firearms are permitted on premises
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It is legal to open carry a loaded rifle and/or handgun in New Mexico without a permit.
1137:
New Mexico Has Stand Your Ground for Certain Juries, Albuquerque Journal, July 29, 2013
926:"Governor Michelle Lujan Grisham: 'Fear-mongering' in 2nd Amendment sanctuary counties"
820:
New Mexico Has Stand Your Ground for Certain Juries, Albuquerque Journal, July 29, 2013
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property controlled by parents, grandparents or guardians and under their supervision.
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Reciprocity Agreements, New Mexico Department of Safety. Retrieved February 14, 2019
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State and federal courthouses, unless specifically authorized by the presiding judge
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Native American reservations, unless permitted by the respective Tribal Council
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38:
34:
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Governor signs red flag firearms bill, Albuquerque Journal, February 25, 2020
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Military installations, except when authorized by the Installation Commander
18:
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New Mexico does not require any permit to purchase a long gun or handgun.
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Aboard public transportation (e.g., city buses and Rail Runner Express)
30:
1086:, New Mexico Department of Public Safety. Retrieved February 12, 2013.
1067:, New Mexico Department of Public Safety. Retrieved February 12, 2013.
653:"New Mexico Statutes, Chapter 30, Article 7, "Weapons and Explosives""
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to block implementation of the concealed carry law. Ultimately the
1025:, New Mexico Department of Public Safety. Retrieved June 19, 2019.
639:, Law Center to Prevent Gun Violence. Retrieved February 12, 2013.
17:
1015:
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900:"New Mexico Governor Enacts Expanded Gun Background Checks"
1045:, Albany Law Review, Vol. 64. Retrieved February 12, 2013.
874:"Governor Signs Universal Background Check Bill into Law"
1127:, About.com Civil Liberties. Retrieved March 23, 2013.
832:
Ch. 40, art. 17 NMSA 1978, retrieved on 01/26/2021.
350:up to $ 1,000 (Criminal Trespass - NMSA 30-14-1).
501:(Baca v. New Mexico Department of Public Safety)
582:A 1946 ruling by the New Mexico Supreme Court
427:Constitutional provisions and state preemption
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392:Background checks required for private sales?
8:
647:
645:
511:before it could go into effect. The current
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1051:
507:concealed carry law was struck down by the
346:NMSA 29β19β12; NMSA 30β14β6; NMAC 10.8.2.27
141:There is no magazine capacity restriction.
22:Location of New Mexico in the United States
1167:
1153:
1145:
29:regulate the sale, possession, and use of
951:"Constitution of the State of New Mexico"
59:
617:
1176:Gun laws in the United States by state
1077:"Section 30β7β3 NMSA 1978, As Amended"
284:State pre-emption of local ordinances?
574:Castle Doctrine and Stand Your Ground
161:License required for concealed carry?
7:
249:Concealed Carry on College Campuses?
1099:. OpenCarry.org. September 27, 2012
953:. Conwaygreene.com. Archived from
84:State permit required to purchase?
14:
407:Some local counties have adopted
48:, New Mexico is home to a strong
213:Out-of-state permits recognized?
181:License required for open carry?
1504:United States gun laws by state
872:Panas, Joshua (March 8, 2019).
676:"NRA-ILA | New Mexico Gun Laws"
898:Hudetz, Mary (March 8, 2019).
637:"New Mexico State Law Summary"
130:Magazine Capacity Restriction?
1:
411:resolutions in opposition to
904:U.S. News & World Report
625:"State Gun Laws: New Mexico"
976:"NMSA 30-20A-2 Definitions"
1520:
858:November 29, 2021, at the
782:February 15, 2019, at the
413:universal background check
409:Second Amendment sanctuary
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1440:
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1468:Northern Mariana Islands
1097:"State Info: New Mexico"
1016:"Reciprocity Agreements"
606:2023 Albuquerque gun ban
551:Secure areas of airports
509:New Mexico Supreme Court
449:Open and Concealed carry
197:Vehicle carry permitted?
1118:"New Mexico Gun Rights"
355:Peaceable journey laws?
269:NFA weapons restricted?
146:Owner license required?
1123:April 4, 2013, at the
1058:"Concealed Carry FAQs"
1021:June 19, 2019, at the
930:Carlsbad Current Argus
705:lawcenter.giffords.org
41:in the United States.
27:Gun laws in New Mexico
23:
957:on September 27, 2011
484:No-Issue/Unrestricted
471:Permissive Open Carry
100:Firearm registration?
21:
1445:District of Columbia
758:. September 27, 2012
302:Castle Doctrine law?
1478:U.S. Virgin Islands
593:affirmative defense
115:Assault weapon law?
1082:2013-02-28 at the
1041:2012-05-10 at the
1003:July 13, 2007, at
906:. Associated Press
464:destructive device
46:Intermountain West
24:
1486:
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732:on March 30, 2016
520:Restricted Places
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76:Relevant Statutes
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1034:Kopel, David B.
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584:(State v. Couch)
469:New Mexico is a
453:New Mexico is a
337:Opt-Out statute?
320:Duty to Retreat?
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60:
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231:Duty to Inform?
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1499:New Mexico law
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1063:2013-04-15 at
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401:NMSA 30-7-7.1
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293:NMSA 29-19-10
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268:
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260:NMSA 30-7-2.4
258:NMSA 29-19-8
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222:NMSA 29-19-12
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56:Summary table
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1387:South Dakota
1377:Rhode Island
1372:Pennsylvania
1352:North Dakota
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1103:February 12,
1101:. Retrieved
1091:
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1011:
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982:
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961:November 23,
959:. Retrieved
955:the original
945:
933:. Retrieved
929:
920:
908:. Retrieved
903:
893:
881:. Retrieved
877:
867:
849:
838:
827:
815:
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791:
772:
760:. Retrieved
755:
752:"New Mexico"
746:
734:. Retrieved
730:the original
720:
708:. Retrieved
704:
695:
683:. Retrieved
679:
669:
659:November 23,
657:. Retrieved
655:. Nmlaws.org
632:
620:
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454:
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442:Shall-Issue,
441:
437:
434:
430:
422:
406:
372:Red Flag Law
240:NMSA 29-19-9
171:NMSA 29β19β4
43:
26:
25:
15:
1473:Puerto Rico
1302:Mississippi
1217:Connecticut
762:October 18,
710:October 18,
685:October 18,
513:Shall-Issue
455:Shall-Issue
383:NMSA 40-17
311:NMSA 30-2-7
50:gun culture
1493:Categories
1417:Washington
1337:New Mexico
1332:New Jersey
1207:California
612:References
495:After the
488:open carry
264:programs.
39:New Mexico
35:ammunition
1427:Wisconsin
1392:Tennessee
1297:Minnesota
1272:Louisiana
736:March 29,
674:NRA-ILA.
505:May-Issue
497:May-Issue
492:May-Issue
1412:Virginia
1362:Oklahoma
1342:New York
1317:Nebraska
1307:Missouri
1292:Michigan
1282:Maryland
1267:Kentucky
1247:Illinois
1222:Delaware
1212:Colorado
1202:Arkansas
1121:Archived
1080:Archived
1061:Archived
1039:Archived
1019:Archived
1001:Archived
935:March 9,
910:March 9,
883:March 9,
856:Archived
780:Archived
600:See also
438:No-Issue
73:Handguns
31:firearms
1432:Wyoming
1407:Vermont
1312:Montana
1252:Indiana
1232:Georgia
1227:Florida
1197:Arizona
1187:Alabama
680:NRA-ILA
535:program
478:History
219:Partial
1367:Oregon
1322:Nevada
1262:Kansas
1237:Hawaii
1192:Alaska
878:KOB-TV
79:Notes
68:
1397:Texas
1277:Maine
1242:Idaho
797:2016.
415:laws.
1463:Guam
1402:Utah
1357:Ohio
1257:Iowa
1105:2013
963:2011
937:2019
912:2019
885:2019
764:2017
738:2016
712:2017
687:2017
661:2011
70:guns
66:Long
33:and
440:to
398:Yes
395:Yes
380:Yes
377:Yes
343:Yes
340:Yes
308:Yes
305:Yes
290:Yes
287:Yes
216:N/A
203:Yes
200:Yes
167:Yes
164:N/A
1495::
1050:^
928:.
902:.
876:.
754:.
703:.
678:.
644:^
361:No
358:No
326:No
323:No
275:No
272:No
255:No
252:No
237:No
234:No
187:No
184:No
152:No
149:No
136:No
133:No
121:No
118:No
106:No
103:No
90:No
87:No
1168:e
1161:t
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374:?
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