New Mexico

Get the latest information on New Mexico firearm law.

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of New Mexico - N.M. Const. Art. II, § 6
" No law shall abridge the right of the citizen to keep and bear arms for security and defense."

New Mexico's firearm law history is marked by a mix of regulations and notable legal decisions that reflect the state's evolving approach to gun rights. In 2003, the state enacted the Concealed Handgun Carry Act, allowing qualified residents to obtain a permit for concealed carry, which was a significant advancement in personal protection rights. The 2019 case *State v. Sykes* reaffirmed the constitutional right to bear arms, emphasizing the importance of lawful self-defense. However, in recent years, legislative efforts have introduced measures such as universal background checks and restrictions on firearm sales, sparking ongoing debates about gun regulation. Overall, New Mexico continues to navigate the balance between public safety and the rights of responsible gun owners, with a focus on individual freedoms.

Permit Eligibility, Training and Application Process

The history of concealed handgun licenses in New Mexico began to take shape with the passage of the Concealed Handgun Carry Act in 2003, which established a framework for issuing concealed carry licenses. This legislation allowed qualified residents to carry concealed firearms after completing a background check and training course. In 2006, the New Mexico Supreme Court upheld the constitutionality of the law in *State v. Romero*, reinforcing the rights of license holders. Over the years, further amendments were made to enhance training requirements and streamline the application process. In 2019, legislation was enacted to clarify the renewal process for concealed carry licenses, ensuring that law-abiding citizens could maintain their rights more easily. Collectively, these developments illustrate New Mexico's commitment to balancing Second Amendment rights with public safety concerns.

New Mexico License Eligibility

The department shall issue a concealed handgun license to an applicant who:

  1. is a citizen of the United States;
  2. is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member;
  3. is twenty-one years of age or older;
  4. is not a fugitive from justice;
  5. has not been convicted of a felony in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;
  6. is not currently under indictment for a felony criminal offense in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;
  7. is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
  8. has not been adjudicated mentally incompetent or committed to a mental institution;
  9. is not addicted to alcohol or controlled substances; and
  10. has 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.

N.M. Stat. § 29-19-4 (A)

 

The department shall deny a concealed handgun license to an applicant who has:

  1. 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 ten years immediately preceding the application;
  2. been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application for a concealed handgun license;
  3. been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application; or
  4. been convicted of a misdemeanor offense involving assault, battery or battery against a household member.

N.M. Stat. § 29-19-4 (B)

 

NM License Training Requirements
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 fifteen hours in length and shall provide instruction regarding:

  1. knowledge of and safe handling of single- and double-action revolvers and semiautomatic handguns;
  2. safe storage of handguns and child safety;
  3. safe handgun shooting fundamentals;
  4. live shooting of a handgun on a firing range;
  5. identification of ways to develop and maintain handgun shooting skills;
  6. federal, state and local criminal and civil laws pertaining to the purchase, ownership, transportation, use and possession of handguns;
  7. techniques for avoiding a criminal attack and how to control a violent confrontation; and
  8. techniques for nonviolent dispute resolution.

N.M. Stat. § 29-19-7

 

NM License Application Process
Applications for concealed handgun licenses shall be made readily available at locations designated by the department of public safety.The applicant shall submit to the department:

  1. a completed application form;
  2. a nonrefundable application fee in an amount not to exceed one hundred dollars ($100);
  3. two full sets of fingerprints;
  4. a certified copy of a certificate of completion for a firearms training course approved by the department;
  5. two color photographs of the applicant;
  6. a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and
  7. proof of residency in New Mexico.

A law enforcement agency may fingerprint an applicant and may charge a reasonable fee.

The department shall conduct an appropriate check of available records and shall forward the applicant's fingerprints to the federal bureau of investigation for a national criminal background check.

Original and renewed concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked.

N.M. Stat. § 29-19-5 and N.M. Stat. § 29-19-3

 

New Mexico License Renewal
A licensee may renew a concealed handgun license by submitting to the department:

  1. a completed renewal form, under penalty of perjury, designed and provided by the department;
  2. a payment of a seventy-five-dollar ($75.00) renewal fee; and
  3. a certificate of completion of a four-hour refresher firearms training course approved by the department.

The department shall conduct a national criminal records check of a licensee seeking to renew a license. A concealed handgun license shall not be renewed more than sixty days after it has expired. A licensee who fails to renew a concealed handgun license within sixty days after it has expired may apply for a new concealed handgun license pursuant to the provisions of the Concealed Handgun Carry Act.

A licensee shall complete a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The refresher course shall be approved by the department and shall be taken twenty-two to twenty-six months after the issuance of an original or renewed license. A certificate of completion shall be submitted to the department no later than thirty days after completion of the course.

N.M. Stat. § 29-19-6 (F, G, and H)

 

Transfer from Another State
A person establishing New Mexico residency must transfer his or her license from another state. The license holder has 90 days from establishing New Mexico residency to 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 he or she has a license from a state that has been accepted by reciprocity by New Mexico.

  1. In addition to the items required by Paragraph 3 of Subsection A of this section, the applicant for license transfer shall file:
    1. proof of residency as provided in Subsection A of 10.8.2.12 NMAC;
    2. proof of age as provided in Subsection B of 10.8.2.12 NMAC; and
    3. a photocopy of the license being transferred.
  2. The applicant for transfer shall complete:
    1. 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 one year prior to filing the application; or
    2. 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 one year prior to filing the application.
  3. The applicant for transfer must meet all other requirements for obtaining a license in New Mexico by showing either that:
    1. the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
    2. the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.

N.M. Admin. Code § 10.8.2.17 (B)

 

NM Lost or Stolen Licenses
A licensee shall notify the department within thirty days regarding a change of the licensee's name or permanent address. A licensee shall notify the department within ten days if the licensee's concealed handgun license is lost, stolen or destroyed.If a concealed handgun license is lost, stolen or destroyed, the license is invalid and the licensee may obtain a duplicate license by furnishing the department a notarized statement that the original license was lost, stolen or destroyed and paying a reasonable fee. If the license is lost or stolen, the licensee shall file a police report with a local law enforcement agency and include the police case number in the notarized statement.A licensee shall not deface, alter, mutilate, reproduce, lend, transfer, or sell a license.

N.M. Stat. § 29-19-6 (D and E) and N.M. Admin. Code § 10.8.2.16 (E)

 

Notice of Change in Circumstances
A licensee shall, within 10 days, both notify the department in writing and return the license to it within 10 days upon the occurrence of any of the following:

  1. adjudication of mental incompetence has been entered or issued against the licensee;
  2. the licensee has been committed to a facility for the treatment of mental illness;
  3. the licensee has been committed to a facility for treatment of addiction to alcohol, controlled substances, or other drugs;
  4. an order of protection has been issued by a court against the licensee;
  5. an indictment for or charge with a felony or a disqualifying misdemeanor offense described in Subsection (B) of Section 29-19-4 NMSA 1978 has been issued against the licensee;
  6. is no longer a full time salaried law enforcement officer; or
  7. the licensee is other than honorably discharged from the military.

N.M. Admin. Code § 10.8.2.16 (L)

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

 

New Mexico is not a permitless-carry state.

 

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a New Mexico Permit or does not require a license
Recognizes New Mexico Resident Permit only
Does not recognize a New Mexico Permit
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties. 

Article II of the New Mexico Constitution, along with court decision below, gives the state preemption on firearms. This means only the state may make or change firearm regulations.

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.
NM Const art II § 6

 

BACA V. N.M. DEP'T OF PUB. SAFETY, 2002-NMSC-017, 132 N.M. 282, 47 P.3d 441
We determine that the Legislature's delegation of authority to local governments to prohibit the carrying of concealed weapons in Section 29-18-11(D) violates the constitutional proscription against municipal and county regulation of an incident of the right to keep and bear arms in Article II, Section 6 of the New Mexico Constitution. We also conclude that Section 29-18-11(D) is not severable from the remainder of the Concealed {*287} Handgun Carry Act and that the Act as a whole is therefore unconstitutional. We hereby issue a peremptory writ of mandamus prohibiting the Department of Public Safety from promulgating rules pursuant to Section 29-18-11, from issuing licenses to carry concealed handguns pursuant to NMSA 1978, § 29-18-3 (2001), and from otherwise enforcing the requirements of the Act.

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g). 

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.  

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms. 

NM Private-Party Firearm Sales
New Mexico law generally requires private sellers of firearms (sellers who are not licensed firearm dealers or other federal firearm licensees) to complete the sale of their firearms through a federally licensed dealer, who is required to conduct a background check on prospective buyers under federal law.

 

The law:
Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check, subject to the following:

  1. if the buyer of a firearm is not a natural person, then each natural person who is authorized by the buyer to possess the firearm after the sale shall undergo a federal instant background check before taking possession of the firearm;
  2. a prospective firearm seller who does not hold a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) shall arrange for a person who does hold that license to conduct the federal instant background check. A federal firearms licensee shall not unreasonably refuse to perform a background check pursuant to this paragraph; and
  3. a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) may charge a fee not to exceed thirty-five dollars ($35.00) for conducting a background check pursuant to this section.

N.M. Stat. § 30-7-7.1 (A)

 

The provisions of Subsection A of this section do not apply to the sale of a firearm:

  1. by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a);
  2. to a law enforcement agency;
  3. between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; or
  4. between immediate family members.

N.M. Stat. § 30-7-7.1 (B)

 

NM Required Waiting Periods
A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer. The seven-calendar-day waiting period shall include the period required to conduct a federal instant background check; provided that, if the seven-calendar-day waiting period has expired without the completion of a required federal instant background check, the seller shall not transfer the firearm to the buyer until the federal instant background check is completed. If the required federal instant background check has not been completed within twenty days, the seller may transfer the firearm to the buyer. The firearm shall remain in the custody of the seller or the federal firearms licensee performing the federal instant background check during the entirety of the waiting period. Unlawful sale of a firearm before the required waiting period ends consists of the transfer of ownership, possession or physical control of the firearm from the seller to the buyer before the end of the required seven-calendar-day waiting period, 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. Whoever violates the provisions of this section is guilty of a misdemeanor.

N.M. Stat. § 30-7-7.3 (A,B, C, and G)

 

The provisions of this section do not apply to the sale of a firearm:

  1. to a buyer who holds a valid federal firearms license;
  2. to a buyer who holds a valid New Mexico concealed handgun license pursuant to the Concealed Handgun Carry Act;
  3. to a law enforcement agency;
  4. between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act; or
  5. between immediate family members.

N.M. Stat. § 30-7-7.3 (H)

 

Unlawful Transfer for Another

  1. Unlawful purchase or transfer of a firearm for another consists of a person who knowingly purchases, transfers or conspires to purchase or transfer any firearm for, on behalf of or at the request or demand of another person, knowing that the other person:
    1. is a felon; or
    2. intends to use, carry, possess, sell or otherwise transfer possession of the firearm in furtherance of any felony or misdemeanor involving a firearm.
  2. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other section of the Criminal Code.
  3. Whoever commits unlawful purchase or transfer of a firearm for another is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
  4. As used in this section, "felon" means a person convicted of a felony offense by a court of the United States or any state or political subdivision, and:
    1. less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later;
    2. the person has not been pardoned for the felony conviction by the proper authority; and
    3. the person has not received a deferred sentence.

N.M. Stat. § 30-7-7.2

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

New Mexico has no laws restricting the ammunition capacity of magazines.

 

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state. 

 Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.  

New Mexico Prohibited Areas
In addition to the federal prohibited areas, in NM you may NOT carry a firearm in:

  1. Liquor establishments that sell hard liquor for consumption on the premises (does not include beer and wine if the establishment derives over 60% of their income from the sale of food). (30-7-3 NMSA)
  2. Schools (30-7-2.1 NMSA)
  3. University premises (30-7-2.4 NMSA)
  4. Preschools (29-19-8 NMSA)
  5. Courts (29-19-11)
  6. Tribal Land (29-19-10, NMSA)
  7. Public buses (30-7-13 NMSA 1978)
  8. Game refuge unless crossing etc. (17-2-12);
  9. Jails, prisons, correctional facilities (30-22-14),
  10. Juvenile detention facilities (8.14.1.36, 8.14.5.18);
  11. State fairgrounds (4.3.1.19);
  12. State monuments if firearm is loaded (4.4.2.17);
  13. State library (4.5.7.8);
  14. On private property if posted or notified. (N.M. Admin. Code § 10.8.2)
  15. All firearms, including concealed handguns, explosives or other deadly weapons, are prohibited inside of the capitol, capitol north and Walter K. Martinez memorial walkway (LAWS AND POLICIES OF THE LEGISLATIVE COUNCIL .216013A(26))
  16. Open carry of a firearm is prohibited within 100 feet of polling places in New Mexico, but concealed firearms may be possessed by those with a valid concealed handgun license. (N.M. Stat. Ann. § 1-20-24)

 

New Mexico Schools
Carrying prohibited in preschools. No licensee shall carry a concealed handgun on the premises of a preschool that provides care to infants, toddlers, and children aged five and younger, which includes child care facilities, home-based or center-based, and whether or not the facility is licensed, registered, or regulated.

Schools. Carrying of a deadly weapon on school premises is prohibited except as allowed by the law.

University. Carrying of a firearm on university premises is prohibited except as allowed by the law.

 

New Mexico Liquor Establishments Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:

  1. by a law enforcement officer in the lawful discharge of the officer's duties;
  2. by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978] acting in accordance with the policies of the officer's law enforcement agency;
  3. by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;
  4. by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978] on the premises of:
    1. a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
    2. 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;

Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

N.M. Stat. § 30-7-3

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.  

Open carry is generally allowed in New Mexico, with or without a license, in all areas of the state where concealed carry is allowed.  However:

  • Open carry without a license is not allowed in establishments licensed to dispense alcohol. (N.M. Stat. Ann. § 30-7-3)
  • Open carry is not allowed within 100 feet of a polling place while voting is in progress or on election day. (N.M. Stat. Ann. § 1-20-24)

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.  

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply. 

In New Mexico, a "No Weapons" sign has the force of law and must be obeyed.

The law: Carrying prohibited on private property. In addition to other limitations stated in the act, a licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.

N.M. Admin. Code § 10.8.2.16 (F)

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.  

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”   

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3) 

Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
Carrying while impaired.  No person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.

N.M. Admin. Code § 10.8.2.16 (B and C)

Vehicle and Transport Laws

Transporting a firearm in a vehicle requires careful attention to legal and safety considerations, which vary by jurisdiction. Many states require that firearms be unloaded and stored securely, such as in a locked container or the trunk, to prevent easy access during transport. In some areas, ammunition must be stored separately from the firearm. The laws often distinguish between transporting long guns (rifles and shotguns) and handguns, with stricter rules typically applying to handguns. Additionally, individuals with concealed carry permits may be allowed to transport loaded firearms, depending on local regulations. Regardless of the laws, safe handling practices should always be followed to prevent accidents or theft while transporting a firearm. 

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.

New Mexico is a quasi-duty-to-inform state, which means you are not required to affirmatively tell a police officer if you have a firearm, but you must respond if asked.

The law:

A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun. (N.M. Admin. Code § 10.8.2.16 (D))

A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun. (N.M. Stat. § 29-19-9)

A peace officer acting in the lawful discharge of his or her official duties is authorized to disarm a licensee at any time the peace officer reasonably believes it is necessary for the protection of the licensee, peace officer or another individual. The peace officer shall return the handgun to the licensee before dismissing the licensee from the scene if the peace officer has determined that the licensee is not a threat to himself or herself, 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 days. (N.M. Admin. Code § 10.8.2.20 (A))

 

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors. 

In New Mexico, it is a crime to store a firearm in a way that would make it accessible to a minor.

The law:
A person commits the crime of negligently making a firearm accessible to a minor if:

  1. the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and
  2. a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.

Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.

N.M. Stat. § 30-7-4.1 (A)

 

A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:

  1. the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and
  2. a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.

Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.

N.M. Stat. § 30-7-4.1 (B)

 

A person does not violate Subsection A or B of this section if a minor obtains a firearm:

  1. that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;
  2. that was carried on the person or within the person's immediate control;
  3. that was locked with a firearm safety device that rendered the firearm inoperable;
  4. in the course of self-defense or defense of another person;
  5. by illegal entry to the person's property; or
  6. with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.

N.M. Stat. § 30-7-4.1 (C)

Other Weapons Restrictions

COMING SOON!

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. 

 In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state. 

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.   

New Mexico is a quasi-duty-to-inform state, which means you are not required to affirmatively tell a police officer if you have a firearm, but you must respond if asked.

The law:
A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun. (N.M. Admin. Code § 10.8.2.16 (D))A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun. (N.M. Stat. § 29-19-9)

A peace officer acting in the lawful discharge of his or her official duties is authorized to disarm a licensee at any time the peace officer reasonably believes it is necessary for the protection of the licensee, peace officer or another individual. The peace officer shall return the handgun to the licensee before dismissing the licensee from the scene if the peace officer has determined that the licensee is not a threat to himself or herself, 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 days. (N.M. Admin. Code § 10.8.2.20 (A))

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions. 

New Mexico has extreme risk firearm protection orders, often referred to as "red flag" laws.

Petition for extreme risk firearm protection order; contents
A law enforcement officer shall file a petition for an extreme risk firearm protection order upon receipt of credible information from a reporting party that gives the agency or officer probable cause to believe that a respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm.A petition for an extreme risk firearm protection order shall state the specific statements, actions or facts that support the belief that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm.A petition for an extreme risk firearm protection order shall be made under oath and shall be accompanied by a sworn affidavit signed by the reporting party setting forth specific facts supporting the order.A petition for an extreme risk firearm protection order shall include:

  1. the name and address of the reporting party;
  2. the name and address of the respondent;
  3. a description of the number, types and locations of firearms or ammunition that the petitioner believes the respondent has custody of, controls, owns or possesses;
  4. a description of the relationship between the reporting party and the respondent; and
  5. a description of any lawsuit, complaint, petition, restraining order, injunction or other legal action between the reporting party and the respondent.

N.M. Stat. § 40-17-5

 

Hearings on petition; grounds for issuance; contents of order
In determining whether grounds for any extreme risk firearm protection order exist, the court shall consider, at a minimum, the following:

  1. any recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat involved a firearm;
  2. a pattern of acts or threats of violence by the respondent within the past twelve months, including acts or threats of violence against self or others;
  3. the respondent's mental health history;
  4. the respondent's abuse of controlled substances or alcohol;
  5. the respondent's previous violations of any court order;
  6. previous extreme risk firearm protection orders issued against the respondent;
  7. the respondent's criminal history, including arrests and convictions for violent felony offenses, violent misdemeanor offenses, crimes involving domestic violence or stalking;
  8. the respondent's history of the use, attempted use or threatened use of physical violence against another person; of stalking another person; or of cruelty to animals; and
  9. any recent acquisition or attempts at acquisition of a firearm by the respondent.

N.M. Stat. § 40-17-7

 

One-year extreme risk firearm protection order

  1. If, after hearing the matter, the court finds by a preponderance of the evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm, the court shall issue a one-year extreme risk firearm protection order.
  2. A one-year extreme risk firearm protection order shall include:
    1. a statement of the grounds supporting the issuance of the order;
    2. the date and time the order was issued;
    3. the date and time the order expires;
    4. information pertaining to any recommendation by the court for mental health or substance abuse evaluations, if applicable;
    5. the address of the court that issued the order; and
    6. notice that the respondent is entitled to request termination of the order prior to the expiration of the order.
  3. If the court declines to issue a one-year extreme risk firearm protection order, the court shall state in writing the reasons for the court's denial and shall order the return of any firearms to the respondent.
  4. A respondent may request that the court terminate a one-year extreme risk firearm protection order at any time prior to the expiration of the order.
  5. At any time not less than one month prior to the expiration of a one-year extreme risk firearm protection order, a petitioner may petition the court to extend the order. Each extension of the order shall not exceed one year. A petition filed pursuant to this subsection shall comply with the provisions of Subsections E and F of Section 5 [40-17-5 NMSA 1978] of the Extreme Risk Firearm Protection Order Act and shall be served on the respondent as provided in Section 9 [40-17-9 NMSA 1978] of that act.
  6. A one-year extreme risk firearm protection order is a final, immediately appealable order.

N.M. Stat. § 40-17-8

 

Relinquishment of firearms

  1. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours of service of the order or sooner at the discretion of the court.
  2. A law enforcement officer, law enforcement agency or federal firearms licensee that takes temporary possession of a firearm pursuant to this section shall:
    1. prepare a receipt identifying all firearms that have been relinquished or taken;
    2. provide a copy of the receipt to the respondent;
    3. provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearms;
    4. file the original receipt with the court that issued the temporary or one-year extreme risk firearm protection order within seventy-two hours of taking possession of the firearms; and
    5. ensure that the law enforcement agency retains a copy of the receipt.

N.M. Stat. § 40-17-10

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.  

NM Self-Defense Standard
Self-defense evidence must show that an objectively reasonable person, put into defendant's situation, would have believed that defendant or another person was being threatened with death or great bodily harm, and that use of deadly force was necessary to prevent that injury.

State v. Glasgow, 2000, 129 N.M. 480, 10 P.3d 159

 

New Mexico Justifiable Homicide
Homicide is justifiable when committed by any person in any of the following cases:

  1. 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;
  2. 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
  3. 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.

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.

N.M. Stat. § 30-2-7 and N.M. Stat. § 30-2-8

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.  

New Mexico Defense-of-Others Law
Justified use of a firearm to defend another contains three elements:

  1. there was an appearance of death or great bodily harm to a person,
  2. the defendant believed the person was in immediate danger of death or great bodily harm from the victim and killed the victim to prevent the death or great bodily harm, and
  3. the apparent danger would have caused a reasonable person in the same circumstances to act as the defendant did.

State v. Gallegos, 2001, 130 N.M. 221, 22 P.3d 689

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.   

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all. 

The law of defense of habitation and resistance to the commission of a felony thereon, gives a householder the right to kill an aggressor, if such killing is necessary or apparently necessary to prevent or repel the felonious aggression. (1941 Comp. §§ 41-2411, 41-2413, 41-4712.  State v. Couch, 1946, 52 N.M. 127)

 

A felonious attack on habitation of one accused of homicide at midnight by unknown persons whose purpose in making the attack was only a matter of surmise, gave accused right to meet force instantly with force, and, if reasonably necessary slay the aggressor. (1941 Comp. §§ 41-2411, 41-2413, 41-4712.  State v. Couch, 1946, 52 N.M. 127)

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted. 

One cannot defend his property, other than his habitation, to the extent of killing the aggressor, for the mere purpose of preventing a trespass. (State v. McCracken, 1917, 22 N.M. 588, 166 P. 1174)

 

An attempt to kill a trespasser, threatening no trespass against habitation, is not justified merely to recover property taken by trespasser from land occupied by such person. (1941 Comp. § 41-607. State v. Waggoner, 1946, 49 N.M. 399, 165 P.2d 122)

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

 

ATTORNEY TO PROVIDE CIVIL IMMUNITY LAW IF APPLICABLE

 

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations. 

The law:
A person who is threatened with an attack need not retreat. In the exercise of his right to self-defense, he may stand his ground and defend himself.

UJI §14-5190

Self-Defense Limitations

State law limits concealed carry license holders to carrying one concealed gun at any given time. However, any number of firearms can be openly carried.

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. A licensee shall only carry one concealed handgun at any given time.

N.M. Admin. Code §10.8.2.16

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

COMING SOON!

Special Notes

Persons Less Than 19 Years Old
Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in the person's possession or knowingly transporting a handgun, except when the person is:

  1. in attendance at a hunter's safety course or handgun safety course or participating in a lawful shooting activity;
  2. engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law;
  3. engaging in an organized competition involving the use of a handgun;
  4. participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended or renumbered;
  5. engaging in legal hunting or trapping activities;
  6. traveling, with an unloaded handgun in the person's possession, to or from an activity described in Paragraph (1), (2), (3), (4) or (5) of this subsection; or
  7. on real property under the control of the person's parent, grandparent or legal guardian and the person is being supervised by a parent, grandparent or legal guardian.

As used in this section, "person" means an individual who is less than nineteen years old.

A person who commits unlawful possession of a handgun by a person is guilty of a misdemeanor.

N.M. Stat. § 30-7-2.2

 

Possession by Certain Persons

  1. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state:
    1. a felon;
    2. a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or
    3. a person convicted of any of the following crimes:
      1. battery against a household member pursuant to Section 30-3-15 NMSA 1978;
      2. criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978;
      3. a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or
      4. a crime that disqualifies a person from possessing a firearm under federal law.
  2. A felon found in possession of a firearm shall be guilty of a third degree felony.
  3. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six years imprisonment.
  4. Any person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or convicted of a crime listed in Paragraph (3) of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor.

N.M. Stat. § 30-7-16

 

Forfeiture of a Handgun

  1. A handgun is subject to seizure and forfeiture by a law enforcement agency when the handgun is possessed or transported by a person in violation of the offense of unlawful possession of a handgun by a person.
  2. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of a handgun subject to forfeiture pursuant to Subsection A of this section.

N.M. Stat. § 30-7-2.3

 

Carrying a Deadly Weapon

  1. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
    1. in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
    2. in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
    3. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978];
    4. by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
    5. by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978].
  2. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
  3. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

"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.

N.M. Stat. § 30-7-2 and N.M. Stat. § 30-7-1

 

Handguns Listed on 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. A licensee shall only carry one concealed handgun at any given time.

N.M. Admin. Code § 10.8.2.16

 

Additional Handgun Endorsement

If a licensee wishes to add another category or additional higher calibers of handguns to his or her license, the licensee shall file with the department an endorsement application. 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 or her current license, and a $10 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue an updated license within 10 days of receipt of the application. The updated license shall expire on the same date as the original license would have expired. In accordance with Section 29-19-9 NMSA 1978, a licensee shall not carry the higher caliber concealed handgun until he or she receives the updated license.

N.M. Admin. Code § 10.8.2.18

 

Badges Prohibited

Although concealed carry badges are often available for purchase, the possession and display of such a badge is prohibited in many states, including New Mexico.

The law:

Only a law enforcement officer may carry a badge, patch, card, or any other indication of authority to carry a concealed handgun in New Mexico other than the license issued by the department or a license issued by a state that has been accepted by reciprocity by New Mexico.

N.M. Admin. Code § 10.8.2.18 (K)

 

New Mexico Emergency Restrictions

  1. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
    1. any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;
    2. any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;
    3. the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;
    4. the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
    5. the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;
    6. the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;
    7. the use of certain streets or highways by the public; and
    8. other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.
  2. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time.

N.M. Stat. § 12-10-18

 

Negligent Use of a Deadly Weapon

Negligent use of a deadly weapon consists of:

  1. discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
  2. carrying a firearm while under the influence of an intoxicant or narcotic;
  3. endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
  4. discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

N.M. Stat. § 30-7-4 (A)

Cases to Watch

COMING SOON!

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