New Mexico Open Carry: Laws, Requirements, Application & Online Training
New Mexico is a state that allows the possession of firearms in various ways, but it also has specific regulations regarding open carry. To ensure that you can open carry without violating any laws, it’s essential to be familiar with New Mexico’s gun statutes. In this article, we will provide a comprehensive overview of New Mexico’s gun laws and the specifics of open carry in the state.
Introduction
New Mexico allows its residents to possess firearms in various ways, including open carry. However, it’s essential to understand the specific regulations and locations where open carry is allowed and where it is prohibited.
New Mexico Gun Laws Summary
Concealed Firearm Licenses
In New Mexico, concealed firearm licenses are issued by the Department of Public Safety, and the state follows a “shall-issue” policy. This means that as long as an applicant meets the requirements, they shall be issued a license. Non-residents, however, cannot apply for a New Mexico firearm license, but they can use a permit from another state that has a reciprocity agreement with New Mexico.
Purchase Permit and Background Checks
New Mexico does not issue a purchase permit to buy firearms in the state, but individuals must undergo a criminal background check before purchasing a firearm. It is also worth noting that selling a firearm without completing background checks is a misdemeanor offense in the state.
Is Open Carry Legal In New Mexico?
Minimum Age Requirement
To open carry in New Mexico, you must be at least nineteen years old without any state or federal restrictions that prohibit firearm possession.
Permissiveness of Open Carry
New Mexico is a permissive open carry state, meaning you do not need a permit or license to openly carry firearms in places that do not have restrictions. The state does not impose restrictions on the type of firearm or ammunition used, allowing the use of large-capacity firearms and antique guns.
Special Licenses for Machine Guns
However, if you wish to use machine guns or semi-automatic firearms, you must obtain a special license and comply with federal regulations.
New Mexico Open Gun Laws Quick View
| Law/Policy | Long Guns | Handguns | Comments |
|---|---|---|---|
| State permit for open carry | No | No | You do not need a permit to open carry firearms in New Mexico. |
| Firearm registrations for open carry | No | No | There are no state requirements to register firearms meant for open carry in the state. |
| Assault weapon for open carry | Yes | Yes | New Mexico permits the use of assault weapons and all types of ammunition. |
| Magazine limit | No | No | The state does not have gun laws about magazine limits. |
| License for the owner of a firearm | Not required | Not required | There are no requirements to own any exclusive owner’s license. |
| Red flag law | Yes | Yes | New Mexico is a red flag law state. |
| Castle doctrine law | Yes | Yes | New Mexico is a castle doctrine state with a stand-your-ground policy and no duty to retreat. |
| Background check for private dealers | Yes | Yes | Private dealers must complete a background check via federally licensed dealers. |
| Preemption | Yes | Yes | New Mexico preempts local gun laws in the state. |
| Concealed carry permit | Yes | Yes | You need a concealed firearm permit to qualify for concealed carry in New Mexico. |
| Concealed carry in personal vehicle | Yes | Yes | You can conceal carry in your vehicle as long as you are with your license. |
| Open carry in Schools | No | No | New Mexico prohibits open carry in schools, technical institutions, colleges, and universities. |
Where Is It Legal To Open Carry In New Mexico?
Restaurants and Bars
You can possess your firearms in restaurants and bars, but only in the restaurant area unless management prohibits it.
Personal Vehicles
You can open carry and possess your firearm in a private vehicle.
Roadside Areas
Open carry is allowed in roadside areas within the state.
Forests and Parks
With a valid license, you can open carry in forests and park areas.
Places of Worship
You can open carry in places of worship unless there is a specific prohibition.
Where Is It Illegal To Open Carry In New Mexico?
Schools and Colleges
Open carry is prohibited in schools, technical institutions, colleges, and universities.
Bars and Alcohol-related Establishments
You cannot open carry in bars that primarily sell liquor or where alcohol generates a significant portion of the income.
Under the Influence
Open carry while under the influence of alcohol, drugs, or intoxicants is illegal.
Prisons and Detention Facilities
Open carry is not allowed in prisons, jails, correctional homes, or any detention facility meant for juveniles.
Court Houses
Open carry is prohibited in courts located in states, counties, or any municipality.
Wildlife Management Areas and Game Refuges
You cannot open carry or possess firearms in New Mexico wildlife areas or game refuges.
Tribal Land
Open carry is not permitted in tribal land areas of the state.
Public Transportation
You cannot possess a firearm in public transportation.
Private Buildings
Open carry is prohibited in private property or structures unless the owner permits it.
Safety Airport Zones
You cannot open carry in security zones of an airport.
Areas Prohibited by Law
You cannot open carry or possess firearms in areas prohibited by either state or federal laws.
Relevant Open Carry Laws And Legislature In New Mexico
No Weapon Sign
New Mexico enforces “no carry” signs, making it unlawful to possess a firearm on properties that have such signage or when the owner verbally expresses their prohibition.
Preemption Laws
New Mexico preempts local gun laws, giving authority to the state government over local municipalities and areas.
Brandishing Of Firearms
It is illegal to brandish firearms in a manner that threatens another person’s safety or leads to battery or assault, except in cases of self-defense.
Red Flag Law
New Mexico is a red flag law state, allowing law enforcement officers to file petitions for protection or restriction orders against individuals who may pose a risk.
Possession Of a Firearm Under The Influence
Using a firearm while under the influence of alcohol, drugs, or any other medication that can cause impairment is strictly prohibited.
Open Carry While Hunting
You can open carry while hunting if you have a valid license for such activities. However, specific regulations apply, and the firearm must be used only for self-defense during hunting.
Conclusion
Understanding New Mexico’s gun laws and open carry regulations is crucial for responsible gun owners. By adhering to the state’s statutes and restrictions, individuals can exercise their right to open carry safely and legally. Always keep in mind that while open carry is permissible in many areas, certain locations are off-limits to ensure public safety and security.
FAQs
- Is New Mexico a permissive open carry state? Yes, New Mexico is a permissive open carry state, meaning you do not need a permit to openly carry firearms in places that do not have restrictions.
- Can I open carry in schools in New Mexico? No, open carry is prohibited in schools, technical institutions, colleges, and universities.
- Can I open carry in bars that sell alcohol in New Mexico? No, you cannot open carry in bars where alcohol accounts for a higher percentage of income.
- Is there a minimum age requirement for open carry in New Mexico? Yes, you must be at least nineteen years old without any state or federal restrictions to open carry in New Mexico.
- What is New Mexico’s stance on machine guns and semi-automatic firearms? To use machine guns or semi-automatic firearms, you must have a special license and comply with federal regulations.
