Omar Bennett
New Mexico's gun laws are complex, with varying regulations depending on the location and type of firearm. The state's constitution does not explicitly forbid or permit the right to bear arms in a concealed manner, leaving the decision to the Legislature. While New Mexico is a shall-issue state, meaning the Department of Public Safety (DPS) must grant a concealed carry license to qualified applicants, there are specific restrictions on where and how firearms can be carried. For example, carrying a concealed weapon into a store that sells alcohol for off-site consumption is allowed, but open carry in these locations is a felony. Additionally, tribal laws on Native American reservations, which cover a significant portion of the state, may not align with New Mexico's state gun laws, and some tribes may have their own permitting systems or even ban firearms altogether. Understanding these nuances is crucial for gun owners in New Mexico to ensure they comply with the relevant regulations.
| Characteristics | Values |
|---|---|
| Constitutional carry | New Mexico is a shall-issue state, meaning the Department of Public Safety must issue a license to any applicant who meets the legal requirements for firearms ownership. |
| Concealed carry | New Mexico residents must obtain a Concealed Handgun License (CHL) to carry a concealed loaded firearm. |
| Open carry | Open carry of a loaded firearm without a license is legal statewide, except in restricted locations such as schools, university premises, and federal properties. |
| Tribal laws | State gun laws do not override tribal laws on Native American reservations, which cover a significant portion of the state. Some tribes have established gun control policies that align with New Mexico state law, while others do not recognize concealed carry permits. |
| Vehicle carry | Residents do not need a license to open carry an unloaded firearm in a vehicle. |
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What You'll Learn
- New Mexico is a shall-issue state
- Concealed carry of an unloaded firearm is legal without a permit
- Open carry of a loaded firearm without a license is legal statewide, except in restricted places
- New Mexico forbids residents and non-residents from concealed carrying any weapon other than the one they have been licensed for
- Tribal laws on Native American reservations do not always match New Mexico state law
New Mexico is a shall-issue state
New Mexico is a "shall-issue" state, meaning that it will issue a concealed carry permit to applicants who meet the qualifying criteria. The New Mexico Department of Public Safety' Law Enforcement Records Bureau (LERB) Concealed Carry Unit (CCU) is responsible for processing and issuing concealed carry permits. The state's gun laws do not supersede tribal laws on Native American reservations, which cover a significant portion of New Mexico. Some tribes have established gun control policies that align with New Mexico's state laws and honour its concealed carry permits, while others do not recognise any concealed carry permits and have more restrictive gun control laws.
In New Mexico, a concealed carry permit is required to carry a loaded handgun while on foot. The state defines a concealed handgun as "a loaded handgun that is not visible to the ordinary observations of a reasonable person." This definition creates a legal grey area for partially exposed weapons, as they may be considered openly carried from certain perspectives. Open carry of a loaded firearm without a license is legal statewide, except in restricted areas such as schools, university premises, and federal properties. Additionally, New Mexico law allows individuals to carry a concealed loaded firearm in their vehicles, including motorcycles and bicycles, without a permit.
To obtain a concealed carry permit in New Mexico, applicants must meet certain requirements, including being at least 21 years old and completing a 15-hour handgun safety course with live-fire instruction. Permits are valid for four years, and license holders must pass a shooting proficiency test every two years to maintain their eligibility. New Mexico does not issue concealed carry permits to non-residents, except for active-duty military members permanently assigned to a military installation within the state.
While New Mexico is a "shall-issue" state, it is important to note that there are restrictions on where firearms can be carried, even with a permit. Additionally, the state has an "opt-out" statute, allowing home and business owners to legally forbid firearms on their property by posting appropriate signage. Understanding and complying with New Mexico's gun laws and regulations are essential for responsible firearm ownership and carry.
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Concealed carry of an unloaded firearm is legal without a permit
New Mexico is a "shall-issue" state, which means that the Department of Public Safety (DPS) must issue a concealed carry license to any applicant who meets the legal requirements for firearms ownership. However, concealed carry of an unloaded firearm is legal in New Mexico without a permit, although the same restrictions that apply to openly carried firearms also apply in this case.
New Mexico's gun laws can be complex, and it is important to stay up to date with the latest rules and regulations. For example, while open carry of a loaded firearm is legal without a license, there are restricted locations where this is not permitted. These include schools, university premises, courts, federal properties, military bases, and courthouses. Additionally, tribal laws on Native American reservations, which cover a significant portion of the state, may not always align with New Mexico state gun laws. While some tribes have established gun control policies that match state law and honor New Mexico concealed carry permits, others do not recognize them. Therefore, it is crucial to be aware of the specific laws and regulations of the area you are in.
It is worth noting that New Mexico's Constitution does not explicitly forbid or grant the right to bear arms in a concealed manner. Article II, Section 6 states: "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." This has been interpreted as a statement of neutrality, leaving it to the Legislature to decide on the matter of permitting and regulating the carrying of concealed weapons.
While New Mexico generally allows for the concealed carry of an unloaded firearm without a permit, there are important restrictions to keep in mind. For instance, persons under the age of 19 are prohibited from carrying in this manner, except when traveling to certain sporting, recreational, or training events as defined by law, or when on property controlled and supervised by parents, grandparents, or guardians. Additionally, New Mexico has an "opt-out" statute, allowing home and business owners to legally forbid firearms on their property or in their buildings with appropriate signage.
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Open carry of a loaded firearm without a license is legal statewide, except in restricted places
New Mexico is a "shall-issue" state, which means that the Department of Public Safety (DPS) must issue a license to any applicant who meets the legal requirements for firearms ownership. The DPS Concealed Carry Unit (CCU) is responsible for processing and issuing concealed handgun carry licenses and renewal licenses.
New Mexico is also a "permissive open carry" state, meaning that open carry of a loaded firearm without a license is legal statewide, except in restricted places. These restrictions include schools, university premises, courts, tribal land (unless authorized by the tribe), federal properties, military bases, and courthouses. Additionally, open carry is not allowed in stores that sell alcohol for off-site consumption, and doing so constitutes a fourth-degree felony.
While New Mexico law allows a person to have a concealed loaded firearm in their vehicle, if they do not have a license to carry concealed in the state, they may not keep the weapon on their person when exiting their vehicle. New Mexico residents must have a Concealed Handgun License (CHL) to carry a concealed loaded handgun while on foot.
It is important to note that New Mexico's gun laws do not preempt tribal laws on Native American reservations, which cover a significant portion of the state. Some tribes have established gun control policies that match state law and honor New Mexico concealed carry permits, while others do not recognize any concealed carry permits.
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New Mexico forbids residents and non-residents from concealed carrying any weapon other than the one they have been licensed for
New Mexico has strict laws regarding the carrying of concealed weapons. The state's gun laws do not allow residents or non-residents to carry any concealed weapon other than the one they have been licensed for. This means that an individual with a license to carry a concealed handgun, for instance, cannot carry a different type of concealed weapon, such as a knife or any other type of firearm they are not licensed for. The state's gun laws also specify that only one firearm may be carried on one's person at a time, although carrying more than one firearm is legal as long as the additional firearms are not concealed.
The New Mexico Constitution neither explicitly forbids nor grants the right to bear arms in a concealed manner. Article II, Section 6, amended in 1986, states:
> 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.
This means that while New Mexico does not prohibit the right to bear arms, it also does not permit the carrying of concealed weapons. The state's gun laws, therefore, require individuals to obtain a license for carrying a concealed weapon, and this license restricts them to carrying only that specific type of weapon.
New Mexico is a "shall-issue" state, which means that the Department of Public Safety (DPS) must grant a concealed carry license to any applicant who meets the necessary legal requirements for firearms ownership. These requirements include being at least 21 years old and completing 15 hours of state-approved training. The DPS is responsible for processing and issuing concealed handgun carry licenses and renewal licenses.
It is important to note that New Mexico is an open carry state, which means that carrying a loaded weapon is legal as long as it is not concealed. Additionally, the state has an "opt-out" statute, allowing home and business owners to forbid firearms on their property or in their buildings by displaying appropriate signage.
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Tribal laws on Native American reservations do not always match New Mexico state law
New Mexico is a "shall-issue" state, meaning that it will issue a concealed carry permit for a handgun when an applicant meets the qualifying criteria. However, tribal laws on Native American reservations, which cover a significant portion of the state, do not always match New Mexico state law.
Native American groups have inhabited the region of New Mexico for thousands of years, long before Europeans arrived in the Americas. There are 23 Indian tribes located in New Mexico, comprising 19 Pueblos and three Apache tribes, as well as the Navajo Nation, the largest Native American tribe in North America. The Navajo reservation is located in northwestern New Mexico, northern Arizona, and southeastern Utah. The Jicarilla Apaches live in northern New Mexico, and the Mescalero Apaches reside in southern New Mexico.
Tribal justice systems are often the most appropriate institutions for maintaining law and order on the reservation. However, the complicated jurisdictional scheme that exists has a significant negative impact on providing public safety, which is increasingly exploited by criminals. This requires a high degree of commitment and cooperation among tribal, federal, and state officials. 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 these permits.
Tribes with laws that do not match New Mexico state law have policies on open and concealed carry that vary from "no-issue" to "shall-issue", 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 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's policies. A few tribes completely ban firearms carry of any kind, except by law enforcement.
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Frequently asked questions
Yes, New Mexico is a permissive open-carry state. The open carry of a loaded firearm without a license is legal statewide, except for restricted places like schools, university premises, and federal properties.
New Mexico is a shall-issue state, which means the Department of Public Safety must grant a concealed handgun license to any applicant who meets the necessary legal requirements. However, the New Mexico Constitution does not permit carrying concealed weapons without a license.
Applicants must be at least 21 years old and complete 15 hours of state-approved training. A background check is also required unless purchasing from a family member or law enforcement officer.
Yes, New Mexico law allows a person to have a concealed loaded firearm in their vehicle, including motorcycles and bicycles. No license is required if the firearm is unloaded.
Gun laws do not preempt tribal laws on Native American reservations. Some tribes have established gun control policies that match New Mexico state law, while others do not recognize concealed carry permits.
