New Mexico Gun Laws
Complete guide to gun laws in New Mexico
Updated April 1, 2019
Updated December 4, 2019
Mark Woodward
Mark Woodward
New Mexico is a "Shall Issue" state with concealed carry licenses issued to residents only. The gun laws compared to other states ar fairly liberal and allow a person from another state to transfer their handgun license into a New Mexico license if the concealed carry laws in the other state are similar to New Mexico's. Open carry is common and legal without a carry license, you only need a license to conceal carry.
Mark Woodward
New Mexico is a "Shall Issue" state with concealed carry licenses issued to residents only. The gun laws compared to other states ar fairly liberal and allow a person from another state to transfer their handgun license into a New Mexico license if the concealed carry laws in the other state are similar to New Mexico's. Open carry is common and legal without a carry license, you only need a license to conceal carry.
New Mexico is a "Shall Issue" state with concealed carry licenses issued to residents only. The gun laws compared to other states ar fairly liberal and allow a person from another state to transfer their handgun license into a New Mexico license if the concealed carry laws in the other state are similar to New Mexico's. Open carry is common and legal without a carry license, you only need a license to conceal carry.
Quick facts
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New Mexico Reciprocity Map
- Issuing State
- NM license honored
- NM license not honored
- Issuing State
- NM license honored
- NM license not honored
The research
- New Mexico reciprocity guide for concealed handgun licenses
- Overview of the New Mexico concealed handgun license
- Requirements to qualify for a New Mexico concealed handgun license
- How to apply for a New Mexico concealed handgun license
- How to renew your New Mexico concealed handgun license
- Schedule of fee's for a New Mexico concealed handgun license
- Essential forms for a New Mexico concealed handgun license
- Off-limit places in New Mexico for carrying a firearm
- New Mexico gun laws & statutes
- New Mexico licensing office
- FAQ on New Mexico gun laws
- Sources
New Mexico reciprocity guide for handgun licenses
New Mexico will honor another states permit if it meets certain conditions set out in section 29.19.12 - Reciprocal Agreements. This statute can be viewed in the laws section of this page but basically it requires the other states requirements for a concealed handgun license to be substantially similar to New Mexico's or more stringent. This statute also has other requirements which we have not listed here, they can be viewed in the laws section if necessary. Currently there are 24 states that meet New Mexico's conditions for their concealed handgun license to be honored in NM.
A full list of states with reciprocity agreements with New Mexico is maintained on the NM Department of Public Safety website.
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wyoming
California, Connecticut, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, Washington.
DistrictWashington D.C.
Overview of the New Mexico concealed handgun license
- Issue policy - Shall Issue
- Issued to - Residents
- License Fee - $100
- License Valid - 4 years
Handgun Permit Overview
The New Mexico concealed carry license is only required if you want to conceal a firearm on your person. It is legal to open carry a handgun without a license. They are issued for a period of 4 years and as NM is a Shall Issue state the license is easy to obtain if you meet all the requirements. If the license is revoked then the licensee must wait for a period of 2 years before they can apply for a new license.
Non-Resident Licenses
New Mexico does not issue concealed carry licenses to Non-Residents but they will make exceptions for military personel and their dependants if they are stationed in New Mexico. They also have a law which allows an out of state license to be transferred into a New Mexico license. The application for transfer is made as a renewal application and the applicant will need to provide the following documentation;
- proof of citizenship
- proof of residency
- proof of age
- a photocopy of the license that is being transferred
10.8.2.17 - License Transfer and renewal
Handgun Training
Completion of a training course is required for new license applications and renewals. The renewal course can be taken online and is just a refresher course that takes roughly 2 hours to complete. The initial new application course must be sponsored a college, state or federal law enforcement agency, a firearms training school or a organization that is reconized nationally and approved by the MN Detartment of health and Safety.
The course must be at least 15 hours long and provide instruction in the following areas;
- Safe handling and knowledge of single doubl action revolvers semi automatic handguns.
- Storage and child safety.
- Handgun shooting basics
- Firing range practice.
- How to maintain handgun skills
- Laws relating to ownership, purchase and transporting handguns.
- Ways to avoid an attack.
- Non-violent dispute resolution.
The state website maintains a list of certified instructors.
Requirements to qualify for a New Mexico handgun license
- Must be 21 years of age or older.
- A citizen of the United States.
- Complete a firearms training course.
- A resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico.
- You are not a fugitive from justice.
- You have 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.
- You are 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.
- You are not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm.
- You have not been adjudicated mentally incompetent or committed to a mental institution.
- You are not addicted to alcohol or controlled substances.
- You have satisfactorily completed a firearms training course.
- You have not received a;
- conditional discharge, a diversion or a deferment or been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within the ten year period preceding application;
- 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;
- been convicted within the ten year period preceding application of a misdemeanor offense involving the possession or abuse of a controlled substance; or
- been convicted of a misdemeanor offense involving assault, battery or battery against a household member.
- Federal Law - Prohibits the following persons
How to apply for a New Mexico handgun license
Follow these steps to obtain a permit
- Complete a firearms training course.
- Go to your local Police or Sheriff to get fingerprinted
- Gather all the documents required;
- Two fingerprint cards
- Certified original copy of your birth certificate, must be issued by vital statistics
in the state in which you were born, no photocopies, - Copy of certificate of completion of firearms training,
- Copy of New Mexico Driver’s License or Identification Card,
- Release forms and any other supporting documentation.
- Send your application and supporting documents to;
NM Department of Public Safety
SID/Concealed Carry Unit
6301 Indian School Rd. NE Suite 310
Albuquerque, NM 87110
You will be notified by mail if your application has been approved.
How to renew your New Mexico handgun license
- A New Mexico handgun license can be renewed 60 days before or 60 days after the expiry date.
If the license has expired then the licensee cannot carry a concealed handgun until the license is renewed. - A firearms refresher course will need to be completed, this can be done online.
- Fingerprints will need to be supplied if they are not already on file with the Department of Public Safety.
- Government photo ID will need to be supplied such as a New Mexico drivers license.
- Use the same form that is used for new applications, just tick the renewal box on it.
Schedule of fee's for a New Mexico handgun license
| Application Conditions | Original | Renewal |
|---|---|---|
| Individual | $100 (includes $56 fee + $44 fingerprint fee) | $75 |
| Instructor | $44 (for fingerprints) | $0 |
| Duplicate/Modification | $10 |
Essential forms for a New Mexico handgun license
Download the required application form, you will find the application at the end of the document which mainly consists of an overview of the laws in the first section. This form is also used for license renewals. Other forms included in the application package are; Authorization for Health Information, Authorization for Release of Information, and a Replacment Application.
Off-limit places in New Mexico for carrying a firearm
Places listed as off limits apply even if you have a New Mexico license to carry.
Off-limits
- Public schools, colleges and universities, except in a vehicle if older than 19
- Preschools
- Law enforcement agency facilities
- Courts, any State, County, Municipal or Tribal Court
- State wild life management areas
- Tribal land
- Public buses
- Airport security zones
- On private property where the owner has posted signs indicating that you may not carry or if the owner tells you that you cannot
- Any place where the carrying of firearms is prohibited by Federal Law.
Allowed
- State parks
- State and national forests
- Road side rest areas
- Vehicle
- All areas of the state - excluding those listed as off limits
New Mexico gun laws & statutes
Summary table
| Subject | Handguns | Long Guns | Notes |
|---|---|---|---|
| Carry permit required | Yes* | No | *You only need a permit to conceal carry, open carry is legal with no permit. Policy is Shall Issue but operates as a limited Unrestricted state. |
| Purchase permit required | No | No | |
| Registration of firearm | No | No | |
| Open carry allowed | Yes | Yes | No permit required. |
| Background checks on private gun sales required | No | No | |
| Magazine size restriction | No | No |
Rating of gun laws
New Mexico gun laws you need to know
Vehicle carry
YES
If you are not prohibited from possessing a firearm then the law in New Mexico allows a loaded, concealed firearm to be carried in a vehicle (includes motorcyles and bicycles) without a license to carry. When you exit the vehicle you cannot have the firearm concealed on your person, unless you have a license for that. 30.7.2 NMSA 1978Open carry
YES
Open carry without a license is legal and common in New Mexico. There is full state premption on gun laws so no local authorities can stop a person from open carry. However, you will need a license to carry in liquor stores. The places listed in our off-limits section also apply to open carry.
The minimum age for a person to open carry is 19.
Must inform officer
NO
There is no requirement in New mexico to inform law enforcement you are carrying a concealed firearm. The law does require you to have your license on you at all times when you are carrying a concealed firearm and to display that license to law enforcement if requested to do so.
29.19.9 Possession of license
10.8.2.16 D - Display of license
State park carry
NO
It is illegal to carry in the following areas;- State Parks: YES - Admin code 19.5.2.21
- State/National Forests: YES
- State Wildlife Management Areas: NO - 17.2.12
- Road Side Rest Areas: YES
No gun signs enforced
YES
No gun signs in New Mexico have the force of law. If posted they apply to private property and licensed liquor establishements.
10.8.2.16 - Carry on private property
30.7.3 - Carry in liquor establishments
Restaurant carry
YES
It is legal to carry into a restuarant that only sells wine or beer and gets more than 60% of its annual receipts from the sale of food. If the restuarant has posted a "NO WEAPONS" sign then you will not be able to enter the premises. Also note that the law states "Wine or Beer" so it becomes illegal if you enter a restaurant that sells hard liquor.
30.7.3 (A)(4)(b)Constitutional carry
NO
New Mexico does not have constitutional carry.
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.
Off-limit statutes
A. 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:
- by a law enforcement officer in the lawful discharge of the officer's duties;
- by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer's law enforcement agency;
- 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;
- 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 on the premises of:
- (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
- (b) 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;
- by a person in that area of the licensed premises usually and primarily rented on a daily or short- term basis for sleeping or residential occupancy, including hotel or motel rooms;
- by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or
- for the purpose of temporary display, provided that the firearm is:
- (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and
- (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.
B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.
Other CCW statutes
B. To transfer a license from another state.
A person seeking to transfer a license from another state may 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 they have a license from a state that has been accepted by transfer, recognition or reciprocity by New Mexico.
(1) In addition to the filings required by Paragraph 3 of Subsection A of this section, the applicant for transfer shall file:
- (a) proof of citizenship as provided in Subsection A of 10.8.2.12 NMAC;
- (b) proof of residency as provided in Subsection B of 10.8.2.12 NMAC;
- (c) proof of age as provided in Subsection C of 10.8.2.12 NMAC; and
- (d) a photocopy of the license being transferred.
(2) The applicant for transfer shall complete:
- (a) 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 1 year prior to filing the application; or
- (b) 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 1 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:
- (a) the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
- (b) the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.
C. Time period for review. As prescribed in Subsection A of NMSA 1978 Section 29-19-6, the department shall review the application for a renewed license, conduct a national criminal background check of each applicant for a renewed license or transfer of a license from another state, and make a determination within 30 days of the date the department receives a complete application and background check.
D. Determination by department.
- (1) Approval. If the department finds that the applicant for a renewed license or transfer of a license from another state meets the requirements in the act and this rule for a renewed license, the department shall issue a license.
If a licensee wishes to add another category or additional higher calibers of handguns to his license, the licensee shall file with the department an application for a renewed license. 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 current license, and a $5.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue a renewed license within 10 days of receipt of the application. The renewed license shall expire on the same date as the original license would have expired. In accordance with NMSA 1978 Section 29-19-9, a licensee shall not carry a concealed handgun until he receives the renewed license.
A. Carrying only 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 (1) concealed handgun at any given time.
B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
C. Carrying while impaired. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.
Unlawful carry of deadly weapon
A. 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:
- in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
- in a
private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
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;
A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
- 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;
- 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;
- the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;
- 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;
- 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;
- the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;
- the use of certain streets or highways by the public; and
- other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.
B. 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.
New Mexico licensing office
New Mexico Department of Public Safety
Concealed Handgun Carry Unit
Contact
Address 6301 Indian School Rd NE Ste. 310
CityAlbuquerque, NM 87110
Phone (505) 841 -8053
Email NMCC.Questions@state.nm.us
Hours
Monday – Friday 7am – 5pm
Saturday Closed
Sunday Closed
Frequently asked questions on New Mexico gun laws
The research
New Mexico will honor another states permit if it meets certain conditions set out in section 29.19.12 - Reciprocal Agreements. This statute can be viewed in the laws section of this page but basically it requires the other states requirements for a concealed handgun license to be substantially similar to New Mexico's or more stringent. This statute also has other requirements which we have not listed here, they can be viewed in the laws section if necessary. Currently there are 24 states that meet New Mexico's conditions for their concealed handgun license to be honored in NM.
A full list of states with reciprocity agreements with New Mexico is maintained on the NM Department of Public Safety website.
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming
Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wyoming
California, Connecticut, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, Washington.
DistrictWashington D.C.
- Issue policy - Shall Issue
- Issued to - Residents
- License Fee - $100
- License Valid - 4 years
Handgun Permit Overview
The New Mexico concealed carry license is only required if you want to conceal a firearm on your person. It is legal to open carry a handgun without a license. They are issued for a period of 4 years and as NM is a Shall Issue state the license is easy to obtain if you meet all the requirements. If the license is revoked then the licensee must wait for a period of 2 years before they can apply for a new license.
Non-Resident Licenses
New Mexico does not issue concealed carry licenses to Non-Residents but they will make exceptions for military personel and their dependants if they are stationed in New Mexico. They also have a law which allows an out of state license to be transferred into a New Mexico license. The application for transfer is made as a renewal application and the applicant will need to provide the following documentation;
- proof of citizenship
- proof of residency
- proof of age
- a photocopy of the license that is being transferred
10.8.2.17 - License Transfer and renewal
Handgun Training
Completion of a training course is required for new license applications and renewals. The renewal course can be taken online and is just a refresher course that takes roughly 2 hours to complete. The initial new application course must be sponsored a college, state or federal law enforcement agency, a firearms training school or a organization that is reconized nationally and approved by the MN Detartment of health and Safety.
The course must be at least 15 hours long and provide instruction in the following areas;
- Safe handling and knowledge of single doubl action revolvers semi automatic handguns.
- Storage and child safety.
- Handgun shooting basics
- Firing range practice.
- How to maintain handgun skills
- Laws relating to ownership, purchase and transporting handguns.
- Ways to avoid an attack.
- Non-violent dispute resolution.
The state website maintains a list of certified instructors.
- Must be 21 years of age or older.
- A citizen of the United States.
- Complete a firearms training course.
- A resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico.
- You are not a fugitive from justice.
- You have 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.
- You are 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.
- You are not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm.
- You have not been adjudicated mentally incompetent or committed to a mental institution.
- You are not addicted to alcohol or controlled substances.
- You have satisfactorily completed a firearms training course.
- You have not received a;
- conditional discharge, a diversion or a deferment or been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within the ten year period preceding application;
- 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;
- been convicted within the ten year period preceding application of a misdemeanor offense involving the possession or abuse of a controlled substance; or
- been convicted of a misdemeanor offense involving assault, battery or battery against a household member.
- Federal Law - Prohibits the following persons
Follow these steps to obtain a permit
- Complete a firearms training course.
- Go to your local Police or Sheriff to get fingerprinted
- Gather all the documents required;
- Two fingerprint cards
- Certified original copy of your birth certificate, must be issued by vital statistics
in the state in which you were born, no photocopies, - Copy of certificate of completion of firearms training,
- Copy of New Mexico Driver’s License or Identification Card,
- Release forms and any other supporting documentation.
- Send your application and supporting documents to;
NM Department of Public Safety
SID/Concealed Carry Unit
6301 Indian School Rd. NE Suite 310
Albuquerque, NM 87110
You will be notified by mail if your application has been approved.
- A New Mexico handgun license can be renewed 60 days before or 60 days after the expiry date.
If the license has expired then the licensee cannot carry a concealed handgun until the license is renewed. - A firearms refresher course will need to be completed, this can be done online.
- Fingerprints will need to be supplied if they are not already on file with the Department of Public Safety.
- Government photo ID will need to be supplied such as a New Mexico drivers license.
- Use the same form that is used for new applications, just tick the renewal box on it.
| Application Conditions | Original | Renewal |
|---|---|---|
| Individual | $100 (includes $56 fee + $44 fingerprint fee) | $75 |
| Instructor | $44 (for fingerprints) | $0 |
| Duplicate/Modification | $10 |
Download the required application form, you will find the application at the end of the document which mainly consists of an overview of the laws in the first section. This form is also used for license renewals. Other forms included in the application package are; Authorization for Health Information, Authorization for Release of Information, and a Replacment Application.
Places listed as off limits apply even if you have a New Mexico license to carry.
Off-limits
- Public schools, colleges and universities, except in a vehicle if older than 19
- Preschools
- Law enforcement agency facilities
- Courts, any State, County, Municipal or Tribal Court
- State wild life management areas
- Tribal land
- Public buses
- Airport security zones
- On private property where the owner has posted signs indicating that you may not carry or if the owner tells you that you cannot
- Any place where the carrying of firearms is prohibited by Federal Law.
Allowed
- State parks
- State and national forests
- Road side rest areas
- Vehicle
- All areas of the state - excluding those listed as off limits
Summary table
| Subject | Handguns | Long Guns | Notes |
|---|---|---|---|
| Carry permit required | Yes* | No | *You only need a permit to conceal carry, open carry is legal with no permit. Policy is Shall Issue but operates as a limited Unrestricted state. |
| Purchase permit required | No | No | |
| Registration of firearm | No | No | |
| Open carry allowed | Yes | Yes | No permit required. |
| Background checks on private gun sales required | No | No | |
| Magazine size restriction | No | No |
Rating of gun laws
New Mexico gun laws you need to know
Vehicle carry
YES
If you are not prohibited from possessing a firearm then the law in New Mexico allows a loaded, concealed firearm to be carried in a vehicle (includes motorcyles and bicycles) without a license to carry. When you exit the vehicle you cannot have the firearm concealed on your person, unless you have a license for that. 30.7.2 NMSA 1978Open carry
YES
Open carry without a license is legal and common in New Mexico. There is full state premption on gun laws so no local authorities can stop a person from open carry. However, you will need a license to carry in liquor stores. The places listed in our off-limits section also apply to open carry.
The minimum age for a person to open carry is 19.
Must inform officer
NO
There is no requirement in New mexico to inform law enforcement you are carrying a concealed firearm. The law does require you to have your license on you at all times when you are carrying a concealed firearm and to display that license to law enforcement if requested to do so.
29.19.9 Possession of license
10.8.2.16 D - Display of license
State park carry
NO
It is illegal to carry in the following areas;- State Parks: YES - Admin code 19.5.2.21
- State/National Forests: YES
- State Wildlife Management Areas: NO - 17.2.12
- Road Side Rest Areas: YES
No gun signs enforced
YES
No gun signs in New Mexico have the force of law. If posted they apply to private property and licensed liquor establishements.
10.8.2.16 - Carry on private property
30.7.3 - Carry in liquor establishments
Restaurant carry
YES
It is legal to carry into a restuarant that only sells wine or beer and gets more than 60% of its annual receipts from the sale of food. If the restuarant has posted a "NO WEAPONS" sign then you will not be able to enter the premises. Also note that the law states "Wine or Beer" so it becomes illegal if you enter a restaurant that sells hard liquor.
30.7.3 (A)(4)(b)Constitutional carry
NO
New Mexico does not have constitutional carry.
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.
Off-limit statutes
A. 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:
- by a law enforcement officer in the lawful discharge of the officer's duties;
- by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer's law enforcement agency;
- 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;
- 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 on the premises of:
- (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
- (b) 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;
- by a person in that area of the licensed premises usually and primarily rented on a daily or short- term basis for sleeping or residential occupancy, including hotel or motel rooms;
- by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or
- for the purpose of temporary display, provided that the firearm is:
- (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and
- (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.
B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.
Other CCW statutes
B. To transfer a license from another state.
A person seeking to transfer a license from another state may 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 they have a license from a state that has been accepted by transfer, recognition or reciprocity by New Mexico.
(1) In addition to the filings required by Paragraph 3 of Subsection A of this section, the applicant for transfer shall file:
- (a) proof of citizenship as provided in Subsection A of 10.8.2.12 NMAC;
- (b) proof of residency as provided in Subsection B of 10.8.2.12 NMAC;
- (c) proof of age as provided in Subsection C of 10.8.2.12 NMAC; and
- (d) a photocopy of the license being transferred.
(2) The applicant for transfer shall complete:
- (a) 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 1 year prior to filing the application; or
- (b) 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 1 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:
- (a) the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
- (b) the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.
C. Time period for review. As prescribed in Subsection A of NMSA 1978 Section 29-19-6, the department shall review the application for a renewed license, conduct a national criminal background check of each applicant for a renewed license or transfer of a license from another state, and make a determination within 30 days of the date the department receives a complete application and background check.
D. Determination by department.
- (1) Approval. If the department finds that the applicant for a renewed license or transfer of a license from another state meets the requirements in the act and this rule for a renewed license, the department shall issue a license.
If a licensee wishes to add another category or additional higher calibers of handguns to his license, the licensee shall file with the department an application for a renewed license. 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 current license, and a $5.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue a renewed license within 10 days of receipt of the application. The renewed license shall expire on the same date as the original license would have expired. In accordance with NMSA 1978 Section 29-19-9, a licensee shall not carry a concealed handgun until he receives the renewed license.
A. Carrying only 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 (1) concealed handgun at any given time.
B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
C. Carrying while impaired. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.
Unlawful carry of deadly weapon
A. 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:
- in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
- in a
private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
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;
A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
- 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;
- 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;
- the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;
- 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;
- 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;
- the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;
- the use of certain streets or highways by the public; and
- other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.
B. 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.
New Mexico Department of Public Safety
Concealed Handgun Carry Unit
Contact
Address 6301 Indian School Rd NE Ste. 310
CityAlbuquerque, NM 87110
Phone (505) 841 -8053
Email NMCC.Questions@state.nm.us
Hours
Monday – Friday 7am – 5pm
Saturday Closed
Sunday Closed
Wikipedia
New Mexico Department of Public Safety
State Statutes
State Attorney General
At a fast food restaurant I saw a guy with a gun. He told me he didn’t need a license to carry,we live new mexico,is this true?
Yes, you don’t need a license to OPEN carry.
It is true. No license required for a person to carry a gun openly in New Mexico, however; felons are not permitted to own or carry a firearm at all and for anyone to conceal or hide their weapon on themselves outside vehicle or home they must have a concealed carry permit.
I have a cc in Texas can I open carry on my motorcycle in NM
I was just told in nm that it’s a class 4 felony to carry in places that sell not serve alcohol (walmart) in Gallup nm. Can someone clarify this I was escorted out of said walmart. They told me that they had a sign but as I walked in 1 door it was not visible it was on the door at the other entrance.
This is all I could find .It pertains to restaurants
YES
It is legal to carry into a restuarant that only sells wine or beer and gets more than 60% of its annual receipts from the sale of food. If the restuarant has posted a “NO WEAPONS” sign then you will not be able to enter the premises. Also note that the law states “Wine or Beer” so it becomes illegal if you enter a restaurant that sells hard liquor.
They say if u can buy the alcohol and consume it some where else like walmart it is ok to open carry
In NM, Walmart has posted signs at all locations where they stock alcohol. “No Weapons Allowed on Premises.”
I believe the terminology is “sold for consumption on premises.” Meaning a place where you can not only buy but also drink it on that property. If there is a sign on the doors than it is at the establishments discretion. If they don’t want weapons on their property they have the right to make you leave. Also, if no sign is present all they have to do is tell you to leave. As long as you leave no charges can be made
Right after the picture of the NM state capitol building…. “Maryland has some strict gun laws”
What does Maryland have to do with NM?
I was wondering the SAME THING!
Thanks for pointing that out will correct
Over 10 years ago, I received a petty misdemeanor for battery against a household member. Because the courts were full that day, the DA was making quick plea deals and gave me 12 hours of community service so I took it instead of fighting it. Looking at one of the NM Gun Law requirements on misdemeanors such as mine, it looks like I’m screwed from every obtaining a CCW Permit. Is this true?
Did the case get dismissed?
Being from Utah coming to NM to pick up family, does the open carry apply to out of staters too??? I like to conceal carry, but NM law doesn’t allow….
So , is open carry of a loaded firearm legal in mm? I am used to doing so on occasion in my home state
Yes, i open carry on multiple occasions and in front of law inforcement.
There are a lot of states listed on the map above that show reciprocity with New Mexico; however, the New Mexico Department of Public Safety says otherwise: https://www.dps.nm.gov/reciprocity There is NO reciprocity with: Utah, Iowa, Montana, South Dakota, Alabama, Kentucky, Vermont, Wisconsin, Indiana, etc., etc. This information should be corrected. Thank you.
Don’t look at the NM DPS website for reciprocity states. The website information is outdated and is definitely incorrect. They are trying to have it corrected but they have no idea when it will be done.
Anthony Segura, NM DPS Concealed Carry Instructor #556
Going from Az to NM with a Az concealed carry permit would I be legal to carry in New Mexico.
Yes
Anthony ,I then went one step further and checked each state I planned to travel through plus uscca’s site map too!
I’m from WA State and traveling through NM from Texas (flying to TX and driving back to WA). I read that I cannot conceal carry in NM. For clarity: Can I open carry as a non-resident in NM? It appears I can carry a loaded gun in the car. Correct? Thank you.
Yes you can open carry and have a loaded firearm in your vehicle with no permit regardless of which state you are from.
Further to that question, if I’m driving through NM tribal lands as a non-resident, can I have loaded or unloaded firearm in my car. Would not open carry on person.