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Thread: My New Mexico Open Carry Experience

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    My New Mexico Open Carry Experience

    Hi all, just thought I'd share my open carry experience as a visiting Californian.

    Over the past 2 weeks, I open carried in Las Cruces for 6 days. Carried in the Quizno's on Lohman, Lowe's, Burger Time on multiple occasions, at Roberto's and through various neighborhoods in the High Range area as part of my daily exercise walks. The only places I DIDN'T carry on my visit were where it is prohibited by law. I am pleased to say that it seems like almost everybody didn't notice I was carrying (or didn't care), or possibly thought I was a LEO. I maybe got one or two glances at my sidearm. The only public interaction I had was at Roberto's on a very busy Saturday morning. A Californian approached me and said, "Can I ask you a question? Why do you carry a gun?" I answered that it is lawful behavior, and I prefer to be armed. She seemed pleased with my response, and we discussed how open carry is generally illegal in California.

    I also carried in the Albuquerque area for 3 days. Carried in Petroglyph National Monument, old-town Albuquerque, and everywhere except where prohibited by law. Had no adverse interactions and a totally uneventful carry experience.

    I enjoyed exercising my 2nd Amendment rights in your state. The only negative I can think of is always being aware of where Open Carry is prohibited, and disarming appropriately, but New Mexico is eons ahead of California in terms of 2nd Amendment rights, so I'm not complaining! I look forward to carrying in New Mexico in the future.

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    Thanks for posting! Glad you had a good experience.

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    Regular Member XDm's Avatar
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    Quote Originally Posted by VAReact View Post
    I also carried in the Albuquerque area for 3 days. Carried in Petroglyph National Monument, .
    The Petroglyphs fall under a National Park Service and require a NM license for carrying or a valid license from a state that we honor.

    p

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    Quote Originally Posted by XDm View Post
    The Petroglyphs fall under a National Park Service and require a NM license for carrying or a valid license from a state that we honor.

    p
    Not true. Federal law states that each park or monument will follow firearms laws of the state that the park/monument is located in. New Mexico law prohibits open carry in STATE parks, not prohibited in national parks/monuments (except, of course, in federal buildings at the park where a "firearms prohibited" notice is posted, but that is a matter of federal law).
    Last edited by VAReact; 08-11-2012 at 08:05 PM. Reason: clarification

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    Quote Originally Posted by VAReact View Post
    Not true. Federal law states that each park or monument will follow firearms laws of the state that the park/monument is located in. New Mexico law prohibits open carry in STATE parks, not prohibited in national parks/monuments (except, of course, in federal buildings at the park where a "firearms prohibited" notice is posted, but that is a matter of federal law).
    You missed half the requirements for carry State Parks, concealed is also prohibited. (You only said open.)
    State Parks and National Parks are separated by requirements and restrictions. National Parks and WMAs further break down into BLM territories and so forth with their own restrictions. In the course of a day's fishing, you can cross four or five different "regions" all with different permissions and restrictions on carrying.

    You may NOT carry a handgun, openly or concealed, in:
     Schools…except in vehicle if older than 19 (30-7-2.1 NMSA 1978, fourth degree felony)
     University Premises…except in vehicle if older than 19 (30-7-2.4 NMSA 1978 petty misdemeanor)
     Preschools (29-19-8 NMSA 1978)
     Courts (29-19-11 NMSA 1978, without the consent of the presiding judge) Court means: any Federal, State, County, Municipal, or Tribal Court;
     Tribal Land (29-19-10, NMSA, unless authorized by the governing body of the tribe or pueblo)
     Public buses (30-7-13 NMSA 1978, misdemeanor)
     Airport security zones
    State parks
     Federal Properties…Military Bases, Courthouse, etc. National Parks and National Wildlife Management Areas are OK if you have a NM Permit/License to Carry or a Permit/License valid in New Mexico.
     On private property where the owner has posted signs indicating that you may not carry or if the owner tells you that you cannot

    There are also signs at the Petroglyphs showing no motorized vehicles and no weapons or hunting. I'm a photographer, I got stopped there for carrying while doing a photo shoot for a magazine publication.
    As a photographer, I've gathered some pretty extensive maps of this state (and others) showing all the current divisions, boundaries, territories, forests, tribal lands, etc. with links to all the restrictions and requirements for carry, occupancy, camping and so forth in those areas. It's tough but I try to keep it up to date as best as possible.

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    Quote Originally Posted by XDm View Post
    You missed half the requirements for carry State Parks, concealed is also prohibited. (You only said open.)
    State Parks and National Parks are separated by requirements and restrictions.
    Could you point to the statute where carrying in a national park is prohibited (not a third party site, sorry, but an actual statute)? I just carried in Carson a few weeks back without any issue at all, even after chatting it up with a couple local rangers. Honestly the only two restricted areas I can see are licensed liquor establishments and school premises including universities.

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    National Parks follow state law and NM doesn't have any law prohibiting carry in them. You just can't carry into the buildings (or caverns if you're in Carlsbad)

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    Firearms are not allowed in Federal buildings within National Parks/Monuments only where proper notification is posted. Other federal buildings OK within national Parks/Monuments if not posted that firearms are prohibited .
    Last edited by VAReact; 08-20-2012 at 01:33 PM. Reason: clarification

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    Regular Member ADulay's Avatar
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    Just wanted to tag on to this thread that during our three week annual western motorcycle trip, I was lucky enough to be in New Mexico for four days and open carried daily with no problems at all. I"m talking 24/7 including hotel lobbys for breakfast, diners, fast foods, grocery stores, Wally World and various shops and stores as well as our daily mileage on the motorcycles. All open carried. Nobody cared as it was a non-event to pretty much everyone, even in Taos!

    Even discussed motorcycles with a New Mexico Trooper at a gas station and he never even mentioned the Glock on my belt.

    Nicely done New Mexico, and the other states we visited this year, that allow open carry to its citizens. It was very much appreciated.

    Hopefully we'll get this done in Florida in the next legislative session.

    AD
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    Quote Originally Posted by ADulay View Post
    I"m talking 24/7 including hotel lobbys for breakfast, diners, fast foods, grocery stores, Wally World and various shops and stores as well as our daily mileage on the motorcycles. All open carried. Nobody cared as it was a non-event to pretty much everyone, even in Taos!
    Do you happen to know if any of those grocery stores or Wal-marts sold alcohol? Many do.

    For future reference, even if no one said anything, if you did enter places that sold alcohol you did in fact break the law and were in danger of arrest.

    If this was not the case, then disregard. Glad to hear you enjoyed your time here.

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    If he went to the Walmart on Unser he was OCing illegally as that store definitely sells alcohol. And most grocery stores (such as Smith's and Albertsons) sell beer & wine -- another "No OC Zone."

    But as to OCing other places he mentioned, I enjoyed doing that also, and also in/out of my hotel room & lobby (Hilton Garden Inn, Rio Rancho) and no one said anything (no disapproving looks noted, either). I was the only one carrying, as far as I could tell -- never saw another OCer the entire time anywhere I went -- but although hotel staff and some guests definitely noticed a rather large stainless-steel gun on my belt, no one said anything. Same for Home Depot, a locksmith shop, several Starbucks, Village Inn, etc..

    They probably, however, thought I was a LEO rather than simply an armed citizen...
    Last edited by cloudcroft; 08-23-2012 at 10:36 PM.

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    Quote Originally Posted by cloudcroft View Post
    If he went to the Walmart on Unser he was OCing illegally as that store definitely sells alcohol. And most grocery stores (such as Smith's and Albertsons) sell beer & wine -- another "No OC Zone."
    If anyone knows where to sign, who to call, and what we can do about this ridiculous statute...

    Quote Originally Posted by cloudcroft View Post
    But as to OCing other places he mentioned, I enjoyed doing that also, and also in/out of my hotel room & lobby (Hilton Garden Inn, Rio Rancho) and no one said anything (no disapproving looks noted, either). I was the only one carrying, as far as I could tell -- never saw another OCer the entire time anywhere I went
    I do apologize, I must have been at work those days.

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    Quote Originally Posted by mwaterous View Post
    Could you point to the statute where carrying in a national park is prohibited (not a third party site, sorry, but an actual statute)? I just carried in Carson a few weeks back without any issue at all, even after chatting it up with a couple local rangers. Honestly the only two restricted areas I can see are licensed liquor establishments and school premises including universities.
    This is where the "round-and-round" started between state and federal interpretation of laws and the list began to grow. Back in 2010 the dept of interior made it clear that gun laws in national parks shall follow the state in which they reside thanks to senate amendments by Coburn. Some agencies gave in and 'loosely' accepted gun carry while others looked at, and interpreted in their own ways, all of our administrative codes, rules and articles, and subsections of law enforcement, criminal code, weapons/explosives regulations as well as specific definitions and terminology. It takes a long time to trace through it all but off the top of my head the documentation is spread from Title 10 NMAC to articles 29 and 30 NMSA and sec 18 NMRA(?). It involves the sections called out as Law Enforcement, weapons/explosives, gun carry and licensing, as well as definitions of weapon and unlawful carrying of a deadly weapon. In short, the feds left it up to each state to interpret as they saw fit to adopt gun carry in nat'l parks - it wasn't a black and white mandate to accept guns or else type of thing. In NM, no gun signs carry the weight of law. In NM, some places chose to interpret statistics and reports from resource management and wildlife protection departments as a basis for impementing bans and various no gun signage postings. For each place that allows or disallows carry, they can cite their legal basis for chosing such. (

    As for Carson, I think that's all pretty open. Can't remember if the Veteran's Memorial up there is in their specific region but you have to watch out for those places because they are actually state parks and not national park associated.

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    Activist Member nuc65's Avatar
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    It would be nice if NM law were changed such that carry in a place where alcohol is sold but not consumed were NOT illegal.

    I like being in VA now, this isn't an issue and it isn't even an issue to carry in a restaurant where people are drinking.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

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    Quote Originally Posted by nuc65 View Post
    It would be nice if NM law were changed such that carry in a place where alcohol is sold but not consumed were NOT illegal.
    I assume you are speaking of open carry because licensed concealed carry in places like package liquor stores is no longer illegal (unless the store posts a no gun sign).

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    Quote Originally Posted by XDm View Post
    I assume you are speaking of open carry because licensed concealed carry in places like package liquor stores is no longer illegal (unless the store posts a no gun sign).
    Pretty sure that's a given, but it doesn't hurt to clarify when it comes to the law. I really dislike having to disarm to go into Wal-mart. I'd rather disarm on Wyoming and Central then a Wal-mart parking lot on Friday night. (Yes I know you can carry in the lot, but once you reach the door that becomes a moot point)

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    ...but you meet the most "interesting" and "colorful" people while strolling about on Central Ave. after dark, yes?

    ;-)
    Last edited by cloudcroft; 09-08-2012 at 12:52 PM.

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    You meet them in the wal-mart parking lot too. I understand why that's the place I see the most LEOs still wearing their own weapons.

    I can't imagine what a wal-mart on central would be like. I'd half expect to walk in and see the fellow working the gun counter sitting on a swivel top bar stool with one of the ar's loaded and charged. Actually, I'd half expect to see the deli staff like that, can't imagine what the gun counter would be like...

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    I wish people would stop giving their interpretation of laws and post the links to the actual laws for people to read for themselves. Much of what I have seen here is pure bunk.

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    ...then don't read here. And we won't miss your attitude, either.
    Last edited by cloudcroft; 10-11-2012 at 05:54 PM.

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    Quote Originally Posted by Bobby Bridgewater View Post
    I wish people would stop giving their interpretation of laws and post the links to the actual laws for people to read for themselves. Much of what I have seen here is pure bunk.
    It certainly is not bunk; there are many knowledgeable people here willing to help those with the proper attitude. You don't need to be hand-held-- go find the statutes and read them for yourself. They're easy enough to find.

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    Quote Originally Posted by Bobby Bridgewater View Post
    I wish people would stop giving their interpretation of laws and post the links to the actual laws for people to read for themselves. Much of what I have seen here is pure bunk.
    I'm curious what it is you'd like us to cite? I haven't seen any bunk in this thread, but to be fair I don't have my bunk goggles on. They're just not suitable given the current weather.

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    Ocing In Walmart

    So its illegal to open carry in walmart and albertsons? Ive carried on multiple occasions in walmart and ive never had a problem from management nor the law enforcement. Can someone Clarify this to me? I was told it was ok as long as you stay away from the liquor and alcohol section?

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    Quote Originally Posted by NMoc'er View Post
    So its illegal to open carry in walmart and albertsons? Ive carried on multiple occasions in walmart and ive never had a problem from management nor the law enforcement. Can someone Clarify this to me? I was told it was ok as long as you stay away from the liquor and alcohol section?
    No. You cannot enter any place which sells any alcohol, without a CCW license and staying concealed. If you have done otherwise, you have been in violation of the law. Do not listen to people as they often do not know for sure, as is the case with what they told you.

    If, however, the stores do not carry any alcohol, you can enter unless they are posted as not allowing firearms.

    Read the law carefully for yourself. It is your responsibility to know the law, and know which establishments are off-limits for open carry. It is not worth making a mistake and possibly paying a high price.

    http://www.nmlegis.gov/Sessions/10%2...nal/SB0040.pdf

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    My New Mexico Open Carry Experience

    AH.74 is correct. Open carry in an establishment that sells alcohol for off site consumption (package liquor) is illegal and a 4th degree felony. It does not matter if you stay away from that "section" or not. Walgreens and CVS have it in their own "section" of the store, but because its all the same building, it's illegal to open carry. Concealed carry with a permit is allowed and legal. The only place that sells alcohol that you can legally open carry is a hotel. If your carrying and rent a room for the night/day, you are allowed to do so. However, it's only to pass from entrance to room. You still cannot enter the bar area while carrying. Only to pass thru.

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