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Thread: Long Weekend in ABQ

  1. #1
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    Long Weekend in ABQ

    Ladies & Gentlemen,

    My wife and I will be visiting ABQ next weekend to visit my grandparents for a long weekend. Their property butts up to the Sandia foothills. We would like to do a couple of day hikes in and around the area. A couple of questions:

    1. I know that our CCW permits are not valid in NM. Fine. But what about open carry by non-residents who do not have a valid New Mexico CCW permit?

    2. Anything I should know about the Sandias? I reviewed some of the NM laws and it looks like carry is allowed in National Parks and National Forests/Monuments. But it doesn't look it's allowed in state parks.

    Clarification would be great. I spent my childhood summers running up and down the mountains. Would like to share with my wife - but we're safety people. Would like to be armed.

    Thanks for your input.

    Eric

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    1. You may open carry anywhere legal without a permit of any sort. Your state residency does not affect that.

    2. Correct- state parks are off-limits to open and concealed carry. But you may have them in your vehicle if you park to go into one.

    The area at the top of the crest is very nice, but it is state park land I believe. Nice views though and lots of great hiking.

  3. #3
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    To get to the crest by Tram you need to pay a state park fee at a gate before the parking lot to the tram. So yes I would think that the crest is state park land.

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    I know I will be attacked on this forum for my comment. And I do not encourage anyone to break the law. However, I do question the logistics of the laws and how they are applied. My question is, what is more important, your safety and protecting your life or obeying the law?

  5. #5
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    Quote Originally Posted by NMGoose View Post
    However, I do question the logistics of the laws and how they are applied.
    What do you mean by this? Can you be more specific?

  6. #6
    Founder's Club Member Grapeshot's Avatar
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    Quote Originally Posted by NMGoose View Post
    I know I will be attacked on this forum for my comment. And I do not encourage anyone to break the law. However, I do question the logistics of the laws and how they are applied. My question is, what is more important, your safety and protecting your life or obeying the law?
    First if you violate a law, you may find yourself unable to legally defend your life and that of your loved ones from that day forward.

    Also please read and abide by the Forum Rules. Note particularly applicable rule #15:

    (15) WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.
    Old and treacherous will beat young and skilled every time.

    Yata hey

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    First off I apologize to all in this forum. I did state that I DO NOT ENCOURAGE ANYONE TO BREAK THE LAW but I guess that is not what you read in my statement. What I was trying to say is that, "to me", it seems that when a law is written regarding CCW or OC it is automatically assumed that an individual, and that means ANY individual, that has a gun on them are going to start shooting therefore, a law is written to make sure nobody has a gun on them. Well, we all know that the "bad guys" don't read or obey the laws and they are the ones that are more likely to start shooting. Also, in the specific instance of the foothills trails, how is an individual suppose to protect themselves or a family member from rapists, kidnappers, vicious dogs, cougars, or bears that may attack while we/they are on the trail for the purpose of enjoying our time in the open? What are we suppose to do throw a rock or stick at them? Hey, wait a minute while I pick up a rock or stick to protect myself from you.

    I would ask myself, and I am not asking anyone here to condone my thoughts. What would I rather do, have a gun on my person, just in case and have to face the law later if I did have to use it, or do I leave it in my car and hope I don't need it? My first choice in this matter would be to simply stay home. What good does it do to have a gun in your car if you are no where near it? If I am not allowed to protect myself when I am using these trails then I will stay away from such places. That is just my thoughts.

    Again, I am sorry if I have offended the organizers of this forum and will no longer comment or express my thoughts.

  8. #8
    Founder's Club Member Grapeshot's Avatar
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    No offense was taken nor intended in return.

    Much is lost in the written word, as opposed to face-to-face exchanges - we do share lots of information and bat things back and forth. Hope you stay and share your thoughts with us.
    Old and treacherous will beat young and skilled every time.

    Yata hey

  9. #9
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    NMGoose,

    Legally speaking, TMK it's not a crime to tell or encourage someone to break the law: It's THEIR choice to do so or not -- they don't HAVE to obey you (meaning generic "you" here, not YOU in particular). Still it's this Forum's policy to be law-abiding so anything considered "telling" or "encouraging" someone to act in a non-law-abiding manner is against Forum policy. Even if it's a "gray area." You know, CYA...

    Still, some of us may or may not have "private policies" that differ...and that's OUR business. No one tells us what to think say or do in our personal lives...we just don't state any such "differing views" here in this public Forum.

    [PM sent to you]

  10. #10
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    Unloaded State Park Carry

    First, I am not a lawyer. New Mexico statute defines a concealed weapon as a LOADED weapon, which is carried in a manner, where it is not visible (or something to that effect -- like I said, IANAL). I am a New Mexico CCW permit holder. When in NM state parks, I carry concealed, but unloaded -- better than nothing. You should consult the statute yourself and decide. I believe unloaded, open carry would be legal as well, but why invite hassles?

  11. #11
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    "When in NM state parks, I carry concealed, but unloaded -- better than nothing." -- NMBill

    Yes, it defniitely is! And LOTS better than a loaded gun left in the car or at home...and all you need to do is be able to LOAD it -- which (with practice) can be done VERY quickly. Unloaded gun in one pocket, loaded magazine in another...whatever we need to do.



    NMGoose (if you are still here):

    Now that you've shown you're in ABQ, you might want to meet up with some ABQ & RR (Rio Rancho) OCDO members in your area...like that weekly "outing" they have over at Dunkin' Donuts -- Mr. Travis "hosting." ;-)


    Dunkin Donuts
    4416 Wyoming Blvd Ne, Albuquerque, NM 87111

    Every Saturday night @ 9:00 PM (we usually leave around midnight or 1am)


    Happy carrying...
    Last edited by cloudcroft; 05-09-2012 at 02:09 PM.

  12. #12
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    30-7-2. Unlawful carrying of a 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:
    (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
    (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
    (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
    (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
    (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].

    B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
    C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

    always has been and i suspect always will be a petty misdemeanor offence!!

    wabbit

    ps: I am not an attorney!!

    pps: the land above Sandia heights as well the tram and facilities on top belongs to the Sandia tribe and is therefore tribal land...so keep that in mind!!
    But who prays for Satan? Who in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most...
    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

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