New Mexico

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)

New Mexico is not a permitless-carry state.

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.

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.

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

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

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)

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

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)

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)

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)

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))

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)

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))

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

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

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

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)

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)

ATTORNEY TO PROVIDE CIVIL IMMUNITY LAW IF APPLICABLE

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

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

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)