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    Non-resident

    Hi, I am new to your group and looking for some info ! First I am a resident of Illinois I do have a ccw from Virgina None resident cc, My question is if I travel to New Mexico can I open carry ?
    Last edited by Grapeshot; 07-02-2012 at 04:57 PM. Reason: Fixed title & corrected sub-forum

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    Quote Originally Posted by Irishman View Post
    Hi, I am new to your group and looking for some info ! First I am a resident of Illinois I do have a ccw from Virgina None resident cc, My question is if I travel to New Mexico can I open carry ?
    Most assuredly you may.

    It is not your Virginia non-resident permit that makes OC in NM legal however - it is the legality (no law against it) of OC by all non-restricted persons.
    http://forum.opencarry.org/forums/sh...-in-New-Mexico

    New Mexico is one of our "Gold Star" open carry states. There is complete state preemption of all firearms laws, open carry is increasingly common and law enforcement is well educated as to its legality. In addition, New Mexico has an extended domain law which effectively makes your vehicle an extention of your home. So you may carry openly or concealed in your vehicle.
    http://opencarry.org/nm.html

    You might wish to confirm that non-resident permits are recognized - I find no information to the contrary though
    http://www.dps.nm.org/index.php/nm-c...ty-agreements/
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Regular Member papa bear's Avatar
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    what he said, good call GRAPESHOT
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

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    Just remember you can not open carry in any places that sell alcohol, which includes most gas stations and grocery stores in NM.

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    Quote Originally Posted by castiel View Post
    Just remember you can not open carry in any places that sell alcohol, which includes most gas stations and grocery stores in NM.
    Sells, or serves? I thought Wal-mart was fair game, for example, but they have an alcohol section. I know Albertsons isn't, at least in that section, because they have signs up (sub question, can they restrict you from what part of their store and not another? Ie, the signs are not on the door, you can't see them until you're actually in the alcohol section, so could you still be charged with a felony if you walked in the other side of the store and never saw them?). It seems that would bar 99% of gas stations and honestly that's usually the place I pull up to and think, darn it's good thing I'm armed. Public library not so much, but gas stations after 8pm aren't so savory.

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    Quote Originally Posted by mwaterous View Post
    Sells, or serves? I thought Wal-mart was fair game, for example, but they have an alcohol section. I know Albertsons isn't, at least in that section, because they have signs up (sub question, can they restrict you from what part of their store and not another? Ie, the signs are not on the door, you can't see them until you're actually in the alcohol section, so could you still be charged with a felony if you walked in the other side of the store and never saw them?). It seems that would bar 99% of gas stations and honestly that's usually the place I pull up to and think, darn it's good thing I'm armed. Public library not so much, but gas stations after 8pm aren't so savory.
    You can not open carry in any place that SELLS or SERVES any kind of alcohol. Accidentally walking into a Walmart or Albertsons with a liquor section is an instant felony.

    If your CC permit is recognized in NM then you can CC in places that sell it for off site consumption (liquor stores, walmart, gas stations, etc), and you can CC in restaurants that only serve beer and wine, but not hard liquor.

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    Ok so just to ease my mind im from Oklahoma and will be traveling to Clayton NM the last week of July. Since Oklahoma dosen't have the OC til Nov 1st would I have to CC or could I (if comfortable) OC in New Mexico with my Oklahoma lic? Sorry for the repeat of the question just looking to get the most information I can before I head that way! Thanks!

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    Quote Originally Posted by CountryGirl9mm View Post
    Ok so just to ease my mind im from Oklahoma and will be traveling to Clayton NM the last week of July. Since Oklahoma dosen't have the OC til Nov 1st would I have to CC or could I (if comfortable) OC in New Mexico with my Oklahoma lic? Sorry for the repeat of the question just looking to get the most information I can before I head that way! Thanks!
    The circumstances of OC in Oklahoma have nothing to do with the legality of OC in New Mexico.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    mwaterous- read the laws, they are very clear with regard to alcohol establishments. It is absolutely critical that you be solid in your knowledge. It's not worth a mistake.

    CountryGirl9mm- your OK license is good here so you can CC, or OC as you like. Go to handgunlaw.us and read up on the prohibited locations.

    Think of it like this- no matter where you are from, you operate under the laws of the state you are physically in at the given moment. So whatever is legal or not in that particular state, applies to you just the same as a resident.

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    Quote Originally Posted by castiel View Post
    You can not open carry in any place that SELLS or SERVES any kind of alcohol. Accidentally walking into a Walmart or Albertsons with a liquor section is an instant felony.

    If your CC permit is recognized in NM then you can CC in places that sell it for off site consumption (liquor stores, walmart, gas stations, etc), and you can CC in restaurants that only serve beer and wine, but not hard liquor.
    Well that's every Wal-mart and every Albertsons I've ever been to. Same with Smiths. I can't go shopping while OCing, which seems to me to be a rather flimsy skirting of the issue by the law... what is it about the presence and appearance (not the consumption) of alcohol that makes my OCing suddenly unconstitutional and dangerous? Sorry... just seems rather stupid to me. Gas stations and grocery stores cuts down a lot of the off hand daily activities.

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    Quote Originally Posted by AH.74 View Post
    mwaterous- read the laws, they are very clear with regard to alcohol establishments. It is absolutely critical that you be solid in your knowledge. It's not worth a mistake.

    CountryGirl9mm- your OK license is good here so you can CC, or OC as you like. Go to handgunlaw.us and read up on the prohibited locations.

    Think of it like this- no matter where you are from, you operate under the laws of the state you are physically in at the given moment. So whatever is legal or not in that particular state, applies to you just the same as a resident.
    Thank you very much for the infomation!

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    Quote Originally Posted by mwaterous View Post
    Well that's every Wal-mart and every Albertsons I've ever been to. Same with Smiths. I can't go shopping while OCing, which seems to me to be a rather flimsy skirting of the issue by the law... what is it about the presence and appearance (not the consumption) of alcohol that makes my OCing suddenly unconstitutional and dangerous? Sorry... just seems rather stupid to me. Gas stations and grocery stores cuts down a lot of the off hand daily activities.
    Yes, it's a PITA. But it's the law.

    If you don't like it, there are ways to help try to change the laws. Otherwise, if you are a law-abiding citizen, you have no choice.

    You could get your CC license, and then just conceal to go into these places.

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    "Sorry... just seems rather stupid to me." -- mwaterous

    No need to apologize, because you're right: Of course they're stupid -- ignorant at the very best. Same for most gun laws, all 20,000 of them across the nation!

    Still, we just muddle-along, working with what we have until we can get something better... ;-)

    Happy July 4th...
    Last edited by cloudcroft; 07-04-2012 at 02:50 PM.

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    Quote Originally Posted by AH.74 View Post
    mwaterous- read the laws, they are very clear with regard to alcohol establishments. It is absolutely critical that you be solid in your knowledge. It's not worth a mistake.
    Which is more than anything why I'm nervous about OCing anywhere. I have read http://www.handgunlaw.us/states/newmexico.pdf and I have read a number of threads on here that make me wonder if there's much of a point. I'm not being entirely defeated but how much hassle is it worth to do anything but leave it in my glovebox? I am unable to acquire a concealed carry permit for another two years, so that's out of the question. I would prefer to OC simply because there is no comfort for me in hiding something, neither physically (I'm sure IWBs aren't horrible, but in the end it's still IWB) nor mentally.

    So how does a person with practically no spare time and no legal background get involved to change the law?

    Worst day at work I've had in a while, so I apologize in advance if my frustration is coming out here.

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    Quote Originally Posted by mwaterous View Post
    Which is more than anything why I'm nervous about OCing anywhere. I have read http://www.handgunlaw.us/states/newmexico.pdf and I have read a number of threads on here that make me wonder if there's much of a point. I'm not being entirely defeated but how much hassle is it worth to do anything but leave it in my glovebox? I am unable to acquire a concealed carry permit for another two years, so that's out of the question. I would prefer to OC simply because there is no comfort for me in hiding something, neither physically (I'm sure IWBs aren't horrible, but in the end it's still IWB) nor mentally.

    So how does a person with practically no spare time and no legal background get involved to change the law?

    Worst day at work I've had in a while, so I apologize in advance if my frustration is coming out here.
    If you know about the time parameters that you mention, you've probably read up on the laws. That's good. In case you have not browsed this site, it's a good one to know about. NMSA 30-7 is the section about weapons, 30-7-3 is the law on carrying into alcohol establishments.

    http://www.conwaygreene.com/nmsu/lpe...main-h.htm&2.0

    Otherwise I recommend going to the NM DPS website and reading up on all the info that can be found on the CC part of the site, if you have not. The more familiar you are with everything, the better your overall comfort levels will be.

    Do whatever you can, and have to do, in going about your daily business. If that means leaving it in the vehicle at certain times, at least you still have it with you most of the time rather than at home where it will do you no good at all. And apply for your license as soon as you're able.

    As far as your question about helping change things- write the state reps, the senators, and the governor. Let them hear from you and what your thoughts are. It's better than nothing and it can make a difference.
    Last edited by AH.74; 07-04-2012 at 06:23 PM.

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    Before I begin, thank you AH.74 for the helpful information.

    I'm even more confused now though. That law covers establishments licensed to "dispense" alcoholic beverages, and to me that consists of bars, pubs, lounges, restaurants... etc. You cannot dispense or imbibe at Wal-mart or Smiths, so are they not excluded from 30-7-3? Castiel is saying we cannot carry into gas stations or wally world... I don't see a law stating that, and as I stated earlier this is what makes me nervous. If the law states establishments for the purposes of dispensing, and yet covers anywhere alcohol may be present...

    It also appears that according to these statutes I can "act as if" I have a concealed carry permit (ie carry on premises where only conceal carry is permissible) so long as the firearm is unloaded. Since it isn't a crime to carry ammunition openly, I could theoretically carry concealed while leaving my magazines visible in their pouch. Am I reading that correctly (30-7-2)?

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    Ohhh, I get it. I'm slow.

    Dispense is being used properly, to distribute; it doesn't make a distinction between whether those beverages are open, or being consumed on premises. However 4(a) does, and only for the purposes of people with conceal carry permits, allowing them to carry on premises that dispense, so long as they are not consumed... oy. Seems rather unfair and a little like favoritism for out of sight, out of mind. If we can keep them under wraps, maybe they'll eventually go away!

    My previous question still stands. Can I conceal carry unloaded in these establishments? I'd rather have to drop a magazine in then run for the car... outside... across the lot (because I don't like parking near the doors). Hypothetically. If I live to a ripe old age and never see a reason to use my weapon, even better.

    Op... sorry for thread jacking.

    Edit: It would seem not, the more I read this... 30-7-2 only refers to loaded firearms, but the wording of 30-7-3 states loaded or unloaded, so without a license I cannot conceal carry, loaded or unloaded, without the permit. Well shucks.... can anyone confirm that I finally caught on?
    Last edited by mwaterous; 07-04-2012 at 08:01 PM.

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    Quote Originally Posted by mwaterous View Post
    Edit: It would seem not, the more I read this... 30-7-2 only refers to loaded firearms, but the wording of 30-7-3 states loaded or unloaded, so without a license I cannot conceal carry, loaded or unloaded, without the permit. Well shucks.... can anyone confirm that I finally caught on?

    You're welcome for the info- I'm glad to help.

    AFA the above- yes, you are reading 30-7-3 correctly. Without a license, no firearms period. Otherwise, according to 30-7-2, you can CC unloaded everywhere else except into prohibited areas.

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    Moot point until I can acquire a CC, but would a letter beginning with "I am very upset that I have to purchase two holsters in order to make my daily rounds
    (no pun intended)...." be a good way to start writing my local senators?

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    Quote Originally Posted by mwaterous View Post
    Which is more than anything why I'm nervous about OCing anywhere. I have read http://www.handgunlaw.us/states/newmexico.pdf and I have read a number of threads on here that make me wonder if there's much of a point. I'm not being entirely defeated but how much hassle is it worth to do anything but leave it in my glovebox? I am unable to acquire a concealed carry permit for another two years, so that's out of the question. I would prefer to OC simply because there is no comfort for me in hiding something, neither physically (I'm sure IWBs aren't horrible, but in the end it's still IWB) nor mentally.

    So how does a person with practically no spare time and no legal background get involved to change the law?

    Worst day at work I've had in a while, so I apologize in advance if my frustration is coming out here.
    MWATEROUS, you begin by facing the one in your mirror, by making the decision of what you are going to stand for, are you going to stand up for your and (especially) all the other gun owners. IMO if you allow some form of discrimination then you might as well go for all discrimination. basically that is what a hypocrite would do.
    if you decide you want to do something against the constitutional discrimination. then first you need to be aware of all the laws, and how they are used. make the decision how you are going to act. write letters, join groups that support your cause. get out and be seen, and heard. let people know that this discrimination is going on. but do something

    look the other side is doing this why can't we.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    Quote Originally Posted by papa bear View Post
    MWATEROUS, you begin by facing the one in your mirror, by making the decision of what you are going to stand for, are you going to stand up for your and (especially) all the other gun owners. IMO if you allow some form of discrimination then you might as well go for all discrimination. basically that is what a hypocrite would do.
    if you decide you want to do something against the constitutional discrimination. then first you need to be aware of all the laws, and how they are used. make the decision how you are going to act. write letters, join groups that support your cause. get out and be seen, and heard. let people know that this discrimination is going on. but do something

    look the other side is doing this why can't we.
    Good answer, and thank you. I think it made it a lot easier reading the actual statutes instead of just piecing things together from the various sites I've been looking at. Plus like I mentioned, I was having a bad day that day for other reasons.

    Other than exercising what remains of our rights, I may not always have time to actively seek out opportunities to get involved, but when I see them I will definitely do what I can.

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    If you do what you say you will, you are EXACTLY the person we're looking for.

    It is unfortunate that when we're in Santa Fe trying to get a bill passed to improve our firearms laws, and ask here on this site for support in the way of phone calls, emails and/or personal visits to the Roundhouse to show support for our bills in committees - it's rare that we actually get that support. Everyone talks a great game - few take the ball and run with it when asked.

    One very distrubing result of requests for support are the number of those from outside NM that decide to call and tell NM legislators why the bills don't go far enough - to match what the laws in THEIR state allow. Bottom line is - if you can't support our firearms legislation - at least have the courtesy to NOT call to complain to our legislators - while those of us actually working in the legislature are spending our money to make positive changes while you sit on your couch bitching that we aren't pushing hard enough to suit you. PLEASE - don't do that this upcoming session.

    I post updates here frequently during legislative sessions to keep everyone updated as well as making it known that we NEED SUPPORT NOW. Adding your voice to that NOW request - helps more than most here really understand.

    Make the calls and support the legislation we promote for us all.

    Steve Aikens

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    Indeed there is power in numbers - numbers of phone calls, numbers of email and numbers of letters.

    How long can any or even all of these take - it is your future. Make it happen or by default something else will occur.

    Grass roots activism does work!!!!

    Beat the drum, blow the horn - be part of the solution.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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