What's up with the misinformation about OC laws in New Mexico?

TigerLily · May 20, 2012

Rode my motorcycle from Utah to Texas open carrying (except in TX) - see this vid to see what misinformation was given to me by a business owner and a small town marshal. http://www.youtube.com/watch?v=ZqwzWrXAj1E

See minute markers 2:42 and 3:39.

I intend to oc when I ride back in a few weeks.

Regards.

www.Facebook.com/TLRoar

AH.74 · May 20, 2012

In this case, it is YOU who are wrong, and not them.

First of all, it's YOUR mistake in not researching ahead of time and therefore not being fully aware of the laws in all states you will be going to.

Second of all, the law states that you cannot open carry anywhere alcohol is sold for on or off-site consumption. That means anywhere alcohol is sold, period, end of story. You must have a license to carry concealed in places that sell for off-site consumption like that convenience store. You actually committed a fourth degree felony according to these laws.

It's all very clear, right here:

http://www.dps.nm.org/lawEnforcement/ccw/docs/HB0588final.pdf

There is no misinformation, only your poor awareness.

You should get over your attitude. You should also never ride without actual eye protection. If you aren't, that's pretty bad. How important is a picture? Is it worth your eyesight?

JoeSparky · May 21, 2012

Sorry, TL, but NM law IS confusing on this....

Within the law on licensing of location that sell beer/wine/ or hard liquor is the part that specifies...

For locations LICENSED to sell beer or wine for OFF SITE consumption or locations that sell beer or wine but nothing stronger for ON SITE consumption you must carry CONCEALED! It is a 4th degree felony to OC within these types of establishments. It would include most any gas station/convenience store or places like walmart/target/grocery stores.

For a BAR or any location that sells stuff harder than beer or wine IT IS ILLEGAL TO CARRY IN ANY MANNER and they must post a sign stating this conspicuously near the entrance.

The above are not quotes but are my understanding of NM law on this... don't worry though, I've been caught on this too but I don't have Utube video out there documenting my error!

KBCraig · May 21, 2012

And if you're stunned by this stupidity, please realize that it's a recent development that you could carry at all, even licensed concealed, at any place that sold alcohol. Before that recent change to the law, you committed a felony in NM if you walked into a grocery store that sold beer, even if you didn't know they sold beer, while carrying concealed (with a license).

New Mexico is a great state, but they do not have the "great Southwest" attitude about liberty. They're especially hinky about alcohol.

AH.74 · May 21, 2012

KBCraig said:
And if you're stunned by this stupidity,

What stupidity? The only stupidity I see in this thread is traveling without making oneself aware of the laws in other states. Oh yeah, that and thinking a wind screen will give you proper eye protection while riding a motorcycle.

She asks the locals, is told the truth, and says the locals are wrong. Where's the stupid?

The laws are clear and are easy to find. They are not confusing if you take a minute and educate yourself by reading them.

I did forget to mention- that marshal WAS wrong about the banks being off-limits. In that area there is no such restriction.

KBCraig · May 21, 2012

AH.74 said:
What stupidity?

The stupidity of the law itself.

I don't disagree with you about the rest.

AH.74 · May 21, 2012

KBCraig said:
The stupidity of the law itself.

I don't disagree with you about the rest.

While I would like to have complete "restaurant carry", the law is what it is. At least we can carry with a license into some establishments. Some other states still don't even allow that.

What gets me is when people come in here and complain about the laws being confusing. They're really not, if people would just read them instead of give them a glance and say they are unclear.

And as far as your comment about attitude and liberty, get away from the populated areas and you'll find things are a lot different.

KBCraig · May 22, 2012

I guess I should have said the NM is the "Old West", just with a Bible Belt attitude toward alcohol. That's really what I meant.

ManInBlack · May 22, 2012

KBCraig said:
I guess I should have said the NM is the "Old West", just with a Bible Belt attitude toward alcohol. That's really what I meant.

LOL

I see where you're coming from, but they do sell hard alcohol in gas stations. Outside of Louisiana, California, and a few other states, that's considered downright wild!!!

:monkey

ETA: I moved here to Idaho from Louisiana. Here in ID we can only buy liquor from a state-owned store, with crappy hours, pricing, and selection. WA finally voted out state control, but liquor will only be sold in stores bigger than 10,000 sq. ft.

It's amazing how some places truly retain a puritanical attitude toward alcohol.

OC for ME · May 23, 2012

ManInBlack said:
<snip> ETA: I move here to Idaho from Louisiana. Here in ID we can only buy liquor from a state-owned store, with crappy hours, pricing, and selection. <snip>

That is not due to a puritanical attitude it is about money. The government wants all the money regarding the booze supply chain.

ManInBlack · May 23, 2012

OC for ME said:
That is not due to a puritanical attitude it is about money. The government wants all the money regarding the booze supply chain.

Agreed; that is the true objective. However, to sell it to the public, they use glossy brochures (paid for by taxpayers) to propagandize their gospel: "Alcohol control states do not suffer the same negative effects from the sale of alcohol as other states. We have less underage drinking, DUI fatalities, etc., etc."

I'm sure it's a load of hooey; unfortunately, there are plenty of simple minds who buy it.

OC for ME · May 23, 2012

ManInBlack said:
Agreed; that is the true objective. However, to sell it to the public, they use glossy brochures (paid for by taxpayers) to propagandize their gospel: "Alcohol control states do not suffer the same negative effects from the sale of alcohol as other states. We have less underage drinking, DUI fatalities, etc., etc."

I'm sure it's a load of hooey; unfortunately, there are plenty of simple minds who buy it.

Ditto

TigerLily · May 23, 2012

I sure don't see a lot of cite sourcing, mostly bashing of someone that rubbed you the wrong way.

TravisNM · May 23, 2012

TigerLily said:
I sure don't see a lot of cite sourcing, mostly bashing of someone that rubbed you the wrong way.

AH.74 said:
It's all very clear, right here:

http://www.dps.nm.org/lawEnforcement/ccw/docs/HB0588final.pdf

:banana::banana::banana::banana::banana:

TigerLily · May 23, 2012

AH.74 said:
While I would like to have complete "restaurant carry", the law is what it is. At least we can carry with a license into some establishments. Some other states still don't even allow that.

What gets me is when people come in here and complain about the laws being confusing. They're really not, if people would just read them instead of give them a glance and say they are unclear.

And as far as your comment about attitude and liberty, get away from the populated areas and you'll find things are a lot different.[/]

It's clear that New Mexicans shouldn't bother open carrying. Enjoy getting your permission slips - and getting your weapons confiscated when marshal law is declared.

TigerLily · May 23, 2012

JoeSparky said:
Sorry, TL, but NM law IS confusing on this....

Within the law on licensing of location that sell beer/wine/ or hard liquor is the part that specifies...

For locations LICENSED to sell beer or wine for OFF SITE consumption or locations that sell beer or wine but nothing stronger for ON SITE consumption you must carry CONCEALED! It is a 4th degree felony to OC within these types of establishments. It would include most any gas station/convenience store or places like walmart/target/grocery stores.

For a BAR or any location that sells stuff harder than beer or wine IT IS ILLEGAL TO CARRY IN ANY MANNER and they must post a sign stating this conspicuously near the entrance.

The above are not quotes but are my understanding of NM law on this... don't worry though, I've been caught on this too but I don't have Utube video out there documenting my error!

Thanks JoeSparky.

TigerLily · May 23, 2012

AH.74 said:
While I would like to have complete "restaurant carry", the law is what it is. At least we can carry with a license into some establishments. Some other states still don't even allow that.

What gets me is when people come in here and complain about the laws being confusing. They're really not, if people would just read them instead of give them a glance and say they are unclear.

And as far as your comment about attitude and liberty, get away from the populated areas and you'll find things are a lot different.

@Ah, while you appear to be grateful to carry at all in NM, I find any restriction to the 2a an abomination. I guess I should be "happy" I don't live in IL where the 2A "right" is DENIED.

The sooner you and your law-enabling mammas boys realize that the 2a is NOT A RIGHT, IT'S A PRIVILEGE, the sooner you'll realize that nothing short of in-your-face exposure of stupid laws is needed.

Herr Heckler Koch · May 23, 2012

tigerlily said:
getting your weapons confiscated when marshal law is declared.

lol

TravisNM · May 24, 2012

TigerLily said:
I guess I should be "happy" I don't live in IL where the 2A "right" is DENIED.

I actually agree with you on this one. I've said before that just because it's worse somewhere else doesn't mean we should accept the way it is here.

TigerLily said:
The sooner you and your law-enabling mammas boys realize that the 2a is NOT A RIGHT, IT'S A PRIVILEGE, the sooner you'll realize that nothing short of in-your-face exposure of stupid laws is needed.

I'm sure you're familiar with these passages...just in case though, I will cite them. The following is from our Declaration of Independence, popularly dated July 4, 1776.
http://www.archives.gov/exhibits/charters/declaration_transcript.html

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

And then from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html we have the second amendment. One of ten that were ratified December 15, 1791.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

In conclusion, the "2a" is an unalienable right; a right with which we are endowed by our Creator and recognized by our U.S. Constitution. In those few black-and-white passages I do not see any inclusion of the word, "privilege". Since it is a right, not a privilege, I see no need for your looking-for-trouble-to-prove-a-point-and-make-the-news-by-harrasing-police-officers tactics. With that in mind I still say, "to each his/her own" and ask that nobody be upset with my choice to not walk the exact same path as they.

AH.74 · May 24, 2012

TigerLily said:
@Ah, while you appear to be grateful to carry at all in NM, I find any restriction to the 2a an abomination. I guess I should be "happy" I don't live in IL where the 2A "right" is DENIED.

The sooner you and your law-enabling mammas boys realize that the 2a is NOT A RIGHT, IT'S A PRIVILEGE, the sooner you'll realize that nothing short of in-your-face exposure of stupid laws is needed.

Nice try, lady. I follow the law, that's all.

At least I'm smart enough to check and know the laws of the states I'm travelling to. And at least I know enough not to accuse people of being wrong, when they're not.

Next.

What's up with the misinformation about OC laws in New Mexico?

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