New Mexico Gun Laws
Complete guide to gun laws in New Mexico
Updated February 19, 2020
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.
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.
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
Comments
So my dad gifted me a pistol and I was wondering if I’m able to have it in my vehicle while I’m driving around? I’m 20 years old.
My mom lived with me here in NM. She moved back to Oklahoma but left her gun at my home. She told me to just keep it. She has passed last year. So I now own the gun. Do I have to register it or get a license for it? It stays at my home at all times. NEVER in my car or on me. It never leaves my home. Can someone tell me what to do? I’m so confused and worried I’m breaking the law by having it in my home.
Not a lawyer but you don’t have to register it or do anything. You would need a license if you wanted to carry it concealed, but it sounds like you don’t. You can even openly carry it in a holster without any sort of license. Enjoy your freedom.
Hello. I have a ccw from Nevada that is still current. I am now a New Mexico resident. Can i transfer my ccw to NM ccw or do i havebto retest?
As far as I can tell, you don’t need a permit to carry an unloaded gun in New Mexico. See NMSA 1978 § 30-7-2 (B):
“B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.”
https://law.justia.com/codes/new-mexico/2019/chapter-30/article-7/section-30-7-2/
(The preceding is not legal advice)
I am trying to educate my son in the open carry laws in New Mexico for persons between the ages of 18 and 21. I was educated and it was explained to me that it is not legal for an individual under the age of 21 to transport or carry a fire arm unless it was not loaded.? That it must be on the seat unloaded in a case and that he must be on the way to a shooting event or target shooting range but, I believe you must be accompanied by an adult and I think it must be the adult that purchased the handgun for him. (apparently the fire arm was purchased by his mother for him when he was 18 years old) it is a 22 heritage single action pistol.
I plan on buying a hand gun when I turn 19 from a private dealer in New Mexico. Is it legal to conceal carry it while in my vehicle with no conceal carry permit? Or would I have to open carry it?
You have to be 21 to own a handgun in NM unless it is gifted tonyou
Not sure if this is the place to ask this but my husband is in a wheelchair and is loosing strength in his arms.
First question is : Does he need a conceal carry licensees to carry in a pouch /bag while in his chair or is it considered an extension of the home
Second question is: With the weakness in his arms he can shoot but we need to make adjustments to how he shoots and we are concerned he will not pass the Conceal carry shooting portion of the test. Are there exceptions for people like him?
If you are unable to answer do you have a suggestion for someone who can answer?
good questions
diusclaimer:I am not an attorney, thesea re my persoonal interpretations of the law in NM
does his mode of transportation qualify as a “vehicle under NM law?” Since a bicycle seems to be in the class of vehicle covered for carry, I’d venture a yes, but it would be best to contact your county sheriff for clarification. Again I am not an attorney
In order to get a concealed carry permit he MUST pass the shooting qualification. Perhaps a “pistol” that includes an arm brace might work, but again, you need to speak in this case with a licensed instructor. New .38’s are very light and with low recoil ammo and practice he might be able to pass the test. Two handed holding is certainly allowed.
Given your husbands condition, you might want to reconsider the issues that make you want him to be able to carry a weapon. The last thing you want is for him to lose control of his weapon and become a victim of it. Criminal types might not consider him a real threat and may get close enough that a blade weapon might be effective for defense
again, your best course of action is to speak directly with your county sheriff and a licensed instructor
Thank you for your answer. He actually took conceal carry and passed with a 92. So I guess at this point the question is no longer valid. But your response is helpful and I am and will stay in contact with our local law enforcement
Was the test hard? What did it entail
Can you carry a handgun snd a rifle in your vehicle while traveling in NM? I do have a cc license snd understand I csn only conceal on person one firearm. So can I have a rifle in my truck snd still have my ccw on me?
Yes. You can have both a loaded rifle and a loaded handgun in your vehicle, (Concealed or not concealed) New Mexico considers your vehicle an extension of your home.
N.M. Code R. § 19.5.2.20(A).
Section 19.5.2.21 – FIREARMS AND BOWS
A. Visitors shall not possess firearms with a cartridge in any portion of the mechanisam except:
(1) a legally licensed hunter during a designated hunting season and within park areas designated as open to hunting for the species the hunter is licensed to hunt;
You list State Park carry as a yes. That is NOT correct. Please correct.
Someone told me that, in New Mexico, you are not permitted to cover your face with a mask if you are carrying a firearm (either concealed or not concealed), and that if a licensed gun owner wore a mask for COVID-19, he/she would not be able to carry his/her firearm. Is this true?
I just completed my second round of CC renewal and asked the instructor this question..she said no law written about this.. I did see in Minnesota the same question was brought up. The courts ruled it fine because the intent of the mask is to prevent covid not cover your face. Hope this helps!!
Can I purchase a handgun from a shop and transport it via cab to my house? All I can find on NM laws is I cant carry it on a bus.
As long as the cab doesn’t have signs saying you can’t have a gun on board, and the cab driver doesn’t tell you not to, you can actually carry it in its case in a backpack if you like, as long as it’s not loaded and you are carrying no ammunition.
This is assuming you dont have your concealed carry license, of course. You can carry a concealed weapon without a license if its unloaded and you have no ammunition on you, as if you were merely transporting it, as you would be after your purchase.
You can conceal a loaded firearm in your vehicle it’s considered an extension of your home and still legal please read more and not give out false information this stuff is very important
The cab isn’t his vehicle… perhaps you should read more before responding.
I bought a handgun privately in Wisconsin, do I need a background check to legally own it when I move to New Mexico in October? WI does not require background checks for private sales.
Nope. You never have to do another background check when moving.
What’s the difference between open carry and concealed carry?
Open is “Can be Seen” such as on yr hip belt clip w shirt tucked in , Concealed is covered up or hidden…. im sure someone has already told you but IF you dont know this answer —Dont go state to state w yr gun. Or go take a class so you learn it all correcty
I will be in New Mexico for a horseback riding trip. Can I carry a loaded handgun in my saddle bag or would it have to be open carry on my person? Will be on both private ranch land and National Forest.
In a saddle bag is considered concealed so you must have a CCW license.
Would a horse not be a mode of transportation
But you don’t need a permit to carry a concealed weapon in your vehicle would a horse be considered a vehicle? I don’t know the answer I’m wondering!
I’m from illinois, have conceal carry card, when I travel to Arizona, can I have unloaded and separated ammo from gun and in seperate places so I cant get to gun while driving through new mexico?
It would be easier just to open carry it if your license doesn’t reciprocate.
Are online training courses considered legal and legitimate forms of firearms training course to obtain a concealed carry permit from the state? Or do you have to attend a weekend long class in person?
You do have to attend a class for qualifying with your weapon.
Private sales now require a background check in New Mexico, please update.
You should always expect a background check
Is there any restriction to caliber in NM?
I’m 19 so I can legally own a handgun right if so where would I buy one
If you don’t know where to purchase one, maybe you shouldn’t buy one. Safely operating a firearm is more complex than finding where to buy one, so perhaps you should consider keeping society safer by not purchasing a firearm. Society thanks you!
Stfu asshole
I’m 17 I can kick you in the nuts for being stupid.
You have to be 21 to own a pistol
Stay in school and get an education. You only need to be 19 to purchase a handgun.
You are both need to back to school, each state have their own laws, some 18, some 21. But I’ve never heard of 19.
Must be 21 to purchase a handgun.
This is false you stay in school
Can you be in possession of a firearm registered to someone else and can you be charged for possessing one?
Firearms aren’t registered in New Mexico. As long as you are legally able to own a gun (i.e. no felony record, etc.) and you are carrying legally (concealed carry with a permit only, not in bars or restricted areas, etc.), and it’s not stolen or being used in a crime, then you certainly can be in possession of a firearm.
In addition to Modz’s info, understand that the best way to avoid confusion and possible temporary or permanent loss of liberty should you ever be questioned about your firearm’s involvement in a crime you did not commit is to GET RECEIPTS! A good paper trail should be easy to obtain and might save your life.
I just pulled into NM a lot of people are telling me I cannot carry or conceal in this state. I do have my CCW from AZ I am also an armed security guard what is the issue with this ?
AZ and NM have full reciprocity on ccw you are fine.
Does history of depression limit the ability to own/register? What about a concealed carry license?
The issue with it is that people are misinformed. It’s best to look up the laws for yourself, especially pertaining to reciprocity so you dont inadvertently commit a felony.
Do I need to have a background check to buy a pre 1890 handgun? They are not considered guns by the feds.
As far as I know, pre-1890 and black powder arms do not require background checks.
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.
Yes as long as the weapon is visible/ not concealed
It’s worth mentioning that if in the off chance the fast food restaurant serves liquor (Chipotle, for one), than no you cannot open carry there. Concealed carry with a permit is still ok.
I have a cc in Texas can I open carry on my motorcycle in NM
Yes you can open carry on or off your motorcycle in NM, since we’re an open carry state. What’s more, your bike is considered an extension of your home, so you can have it concealed on you or your bike. Keep in mind, that as soon as you step off your bike, you are now concealed carrying and need a license. Texas reciprocates with New Mexico, so you’re covered, open carry or concealed.
You’re actually considered “inside your vehicle” within 6 feet of your bike. So, you can step off of it and still be good.
Thank you, Kelli. An interesting detail I wasn’t aware of. That’s what this site is for, learning new things all the time. Thanks again.
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.
They say if u can buy the alcohol and consume it some where else like walmart it is ok to open carry
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?
Yes it is true. Not only can you not obtain a CCW license, but it is also illegal for you to own a firearm period.
Sorry bro but that’s bullshit. Maybe you should fact check before you run your mouth. He said misdemeanor not felony. And just being charged with a felony doesn’t count. I know I’ve been charged with a lot some involving firearms. Thankfully nothing stuck and I’m still armed to the teeth. But my long litany of misdemeanor convictions has never prevented me from firearm purchases.
Sorry bro, maybe you should fact check before you run your mouth. He said misdemeanor battery against a household member. That is the one misdemeanor that will keep you from owning a gun. It’s new Mexico law. You may even pass a background check and be able to purchase one, but you probably won’t pass a conceal carry license background check, and if you ever had to use it, you better believe the D.A. will hang you for that shit. I’m not advocating these laws, I disagree with almost all gun control, I just know them.
Also, he said he said he took a quick plea deal for community service. Thats a convinction. Of course the DA was making deals, making it so citizens cant own firearms. You should have read the fine print. Know the laws and know your rights so they arent violated.
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.
Just because you can, doesn’t mean you should. Make sure you are educated in firearm carry laws and are trained and fully competent to carry a pistol.
I say this because anyone competently trained in the use of a firearm knows that conceal carry is the only way to seriously everyday carry. Open carry as a self defense method only makes you a target for would-be criminals.
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.