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Thread: OC while traveling through NM

  1. #1
    Campaign Veteran MAC702's Avatar
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    OC while traveling through NM

    I will be making another round trip to TX soon. I know the relevant laws for NV, AZ, and TX, but not NM yet.

    My CCW permits are not valid there, and I've not enough time to get a FL one before the trip in a few weeks. I prefer OC anyway, but at least I have options in the other states (and CCW-only in TX, of course).

    I didn't see a sticky with NM FAQ's, but I did read a few threads. Looks like pretty much any store that even sells any kind of alcohol is off limits? So that means pay-at-the-pump and be already stocked with candy bars and Cokes, eh?

    Do all mini-markets sell alcohol, pretty much? What about the typical truck stop?

    The good news is that I can probably make it through the whole state without stopping each time, if I had to.

    Anything else out of the ordinary that I should know? Looks like all the guns are fine in the truck.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  2. #2
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    I believe there is an "unwritten law" in NM called "the 3-foot rule" which means whether OCing in a car or on a motorcycle, if you are at a gas station that sells alcohol (usualy beer) inside its convenience store, as long as you stay at the pump/car/motorcycle you are just fine -- any police around won't bother you. So you can gas up and move on with no worry (of course, do NOT go into the store).

    No, I do not have any citation for that, but I believe that's just how it HAS been in NM and how it still is...the "3-foot rule" is a rare practical application of common sense -- i.e., it's de facto if not de jure.

    If you travel through any Indian Reservations though, you MIGHT have the same leeway but should check into that first as Indian policy is more strict. Otherwise, just drive on through until you get off Reservation property or, just not OC (leave it in the car or MC saddlebag) when on Indian property.

    Good luck...
    Last edited by cloudcroft; 07-23-2012 at 10:46 PM.

  3. #3
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    Quote Originally Posted by cloudcroft View Post
    I believe there is an "unwritten law" in NM called "the 3-foot rule" which means whether OCing in a car or on a motorcycle, if you are at a gas station that sells alcohol (usualy beer) inside its convenience store, as long as you stay at the pump/car/motorcycle you are just fine -- any police around won't bother you. So you can gas up and move on with no worry (of course, do NOT go into the store).

    No, I do not have any citation for that, but I believe that's just how it HAS been in NM and how it still is...the "3-foot rule" is a rare practical application of common sense -- i.e., it's de facto if not de jure.
    There is nothing like this in existence. I have also never heard of anything like it, and first thought you were referring to CC without a license while in or on a vehicle. I have heard people claim similar with regard to that, but that also is not true- as soon as you exit the vehicle you must either OC or leave the gun inside.

    You are perfectly fine walking around the parking lot of a quick-mart that sells alcohol while OC- as long as you do not enter the building you are ok. There is nothing in the law regarding the need to stay a certain distance near your vehicle or away from the exterior of the building.

    Regarding the reservations- there is NO leeway. NO GUNS CARRIED, PERIOD on the reservations. Just don't do it. Technically they also want you to have them unloaded and locked in the trunk or a container. The fact about being on the main roads is debatable but I work on the theory that it won't work if pulled over. It's a big PITA but not worth the possible confiscation of your weapons. DO NOT OC on the reservations!!!!!!!!!!!!
    Last edited by AH.74; 07-24-2012 at 09:02 AM.

  4. #4
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    Firstly, I didn't say there was "anything in the law" stating a "3-foot rule." That's why I said it was "unwritten." How can one expect to find something "unwritten" written down in the law [a rhetorical question]? Perhaps it's related to police discretion -- when they consider factors in order to decide if someone is OCing legally on a "premises" or not, I don't know, but it doesn't matter.

    Secondly, since you admitted you've never heard anything about it, you don't know enough about the issue to say one way or the other, do you.

    Point is, MAC702 can pass through NM and OC...even at a gas station/convenience store selling alcohol "on the premisis" (no need to be a lawyer to legally DEFINE "premisis") if he stays near his vehicle -- no matter HOW "premisis" is defined (the whole property, or just the actual store). He doesn't have to disarm. Stay near the pump/car/motorcycle and be SURE you're okay. Wander about the parking lot at your own risk.

    Enjoy your travels, MAC702, including driving through NM. :-)

    I won't "debate" this further (I'm done here), so if you'll excuse me, AH.74, I need to do something a whole lot more pleasant: Go make some Kona espresso and then look over my daily list of available condos in Hawaii (Oahu) -- I need to get ready for the big move (eventually). :-)

    Aloha...
    Last edited by cloudcroft; 07-24-2012 at 01:27 PM.

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