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Thread: New Mexico OC or CC

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    Regular Member 40lover's Avatar
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    New Mexico OC or CC

    Hey everyone,

    I've been wondering if carrying a handgun in a holster on your hip is considered OC or CC in New Mexico. I want to start protecting my family if needed. If anyone can input it would be much appreciated. Thank you.

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    If it's visible it's OC, if it's covered it's CC.

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    ok thanks man. someone told me its considered concealed and i was flabbergasted. and i dont need a permit for OC right?

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    Quote Originally Posted by 40lover View Post
    ok thanks man. someone told me its considered concealed and i was flabbergasted. and i dont need a permit for OC right?
    Please- if you are going to consider carrying firearms, do the responsible thing and read and learn the laws for yourself. Do not trust what people on the web tell you.

    Go to the NM DPS website. The links to all the information is there. Educate yourself.

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    Quote Originally Posted by AH.74 View Post
    Please- if you are going to consider carrying firearms, do the responsible thing and read and learn the laws for yourself. Do not trust what people on the web tell you.

    Go to the NM DPS website. The links to all the information is there. Educate yourself.
    i know most of the laws. just not the ones regarding carrying. its different in california where im originally from. i tried to look it up online but everyone that put something online sounded like bullc**** to me. so i thought it couldnt hurt to find a forum with people that actually carry and are pretty well educated about it. i know firearms pretty damn well just never heard of this state not allowing a permit to carry a firearm openly. but i appreciate the website cite. thanks

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    Quote Originally Posted by AH.74 View Post
    Please- if you are going to consider carrying firearms, do the responsible thing and read and learn the laws for yourself. Do not trust what people on the web tell you.

    Go to the NM DPS website. The links to all the information is there. Educate yourself.
    I will guess that what is being asked is this:

    "Does the holster 'conceal' the firearm in New Mexico?"
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by 40lover View Post
    i know most of the laws. just not the ones regarding carrying. its different in california where im originally from. i tried to look it up online but everyone that put something online sounded like bullc**** to me. so i thought it couldnt hurt to find a forum with people that actually carry and are pretty well educated about it. i know firearms pretty damn well just never heard of this state not allowing a permit to carry a firearm openly. but i appreciate the website cite. thanks
    Only a very few states require a permit to carry. For instance, in Nevada, the open carry of a firearm is not illegal. That means that no matter how often or diligently you search the Nevada Statutes, you will not find a statute stating that you can OC, nor a definition as to what it looks like.

    I think at least one state defines 'holster' as something 'concealing whole or in part,' basically making it require a cc permit to do what most would consider oc.

    If you haven't yet, check the "opencarry.org" maps:
    http://www.opencarry.org/nm.html

    It has a link to the nm statutes http://www.conwaygreene.com/nmsu/lpe...main-h.htm&2.0

    While it isn't likely that 'open carry' will be defined, you might find some information by looking in the Conceal statutes; specifically, the defining terms in a statute that makes concealing a weapon a crime. Don't do what the definition is, and you should be not-concealing.

    JMHO, IANAL, and I didn't stay at a Holiday Inn Express last night (though there IS one just a few miles away from my home).
    Last edited by wrightme; 04-01-2012 at 07:25 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by wrightme View Post
    Only a very few states require a permit to carry. For instance, in Nevada, the open carry of a firearm is not illegal. That means that no matter how often or diligently you search the Nevada Statutes, you will not find a statute stating that you can OC, nor a definition as to what it looks like.

    I think at least one state defines 'holster' as something 'concealing whole or in part,' basically making it require a cc permit to do what most would consider oc.

    If you haven't yet, check the "opencarry.org" maps:
    http://www.opencarry.org/nm.html

    It has a link to the nm statutes http://www.conwaygreene.com/nmsu/lpe...main-h.htm&2.0

    While it isn't likely that 'open carry' will be defined, you might find some information by looking in the Conceal statutes; specifically, the defining terms in a statute that makes concealing a weapon a crime. Don't do what the definition is, and you should be not-concealing.

    JMHO, IANAL, and I didn't stay at a Holiday Inn Express last night (though there IS one just a few miles away from my home).
    That is what i was thinking if the holster "conceals the firearm" in NM. in california there was a law stating that you can "open carry/unloaded" meaning the gun can be openly carried but there cannot be any ammo in the gun. i thought that that was completely moronic. thats why i asked this question and was going to lead on with other questions but i found the information myself. thank you for the info above, sir. appreciate it.

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    Quote Originally Posted by 40lover View Post
    That is what i was thinking if the holster "conceals the firearm" in NM. in california there was a law stating that you can "open carry/unloaded" meaning the gun can be openly carried but there cannot be any ammo in the gun. i thought that that was completely moronic.
    Incorrect. There wasn't a law in California which made carrying an unloaded gun legal; there was simply no law prohibiting it.

    Laws almost always describe prohibited conduct, rather than that which is legal. This is why it is critically important to examine the actual statutes and make sure you are not caught by one of the State's armed enforcers doing something that is described as prohibited.
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    O RLY?
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    Quote Originally Posted by ManInBlack View Post
    Incorrect. There wasn't a law in California which made carrying an unloaded gun legal; there was simply no law prohibiting it.

    Laws almost always describe prohibited conduct, rather than that which is legal. This is why it is critically important to examine the actual statutes and make sure you are not caught by one of the State's armed enforcers doing something that is described as prohibited.
    really? cause i heard a man on youtube say it was illegall to carry a gun loaded. it had to be unloaded if it you were going to carry it. thats what i heard. no experience with it.

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    Quote Originally Posted by 40lover View Post
    really? cause i heard a man on youtube say it was illegall to carry a gun loaded. it had to be unloaded if it you were going to carry it. thats what i heard. no experience with it.
    If the statute states that you cannot carry a loaded firearm, then by elimination, what isn't illegal is legal. If statute doesn't say that you cannot carry an unloaded firearm, then you can.
    Last edited by wrightme; 04-02-2012 at 08:19 AM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by 40lover View Post
    really? cause i heard a man on youtube say it was illegall to carry a gun loaded. it had to be unloaded if it you were going to carry it. thats what i heard. no experience with it.
    Any fool can post bad information on youtube. And a lot of them do.
    Last edited by AH.74; 04-01-2012 at 10:30 PM.

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    I think some are missing an important point being made here. Laws don't make things legal. Everything is legal until a law makes it illegal. It is crucial we break from the mindset that we must look to our leaders to ask for permission to wipe our own butts.

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    Quote Originally Posted by TravisNM View Post
    I think some are missing an important point being made here. Laws don't make things legal. Everything is legal until a law makes it illegal. It is crucial we break from the mindset that we must look to our leaders to ask for permission to wipe our own butts.
    good point sir

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    You will never find a 'law' which makes anything 'legal'. It is the absence of law (which regulate, limit, prevent or deny) which make any action defacto legitimate. Most of us have been previously miseducated in the assumption that laws 'allow'. Even the Constitution doesn't 'allow'... it simply recognizes and enumerates certain rights that should not be impaired, even tho many (particularly the 2A) are anyway.

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