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Thread: question about concealed carry laws...

  1. #1
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    question about concealed carry laws...

    the things that seem widely known and i am sure about are.

    at age 19 you can possess and open carry a handgun... i also thought i read somewhere that you can conceal carry unloaded without a permit or ccw license.

    this is where i start getting confused... new mexico doesn't have very clear definition of "loaded firearm" some states like CA state unloaded means no round chambered AND no clip in the gun. other states like Nevada just so a round chambered but you can have a clip in the gun and if its not chambered it is considered unloaded...

    then theres where you can carry? i heard you cant open carry in Walmart and places that sell alcohol even convenience stores... according to this site below it sounds different...

    http://www.handgunlaw.us/states/newmexico.pdf

    "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
     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
    10.8.2.16 Terms and Conditions of License:
    A. Carrying only handguns listed on license. No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. A licensee shall only carry one (1) concealed handgun at any given time.
    B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
    C. Carrying while impaired. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.
    30-7-3. Unlawful Carrying Of a Firearm in Licensed Liquor Establishments. (Restaurant Carry Legal)
    A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:
    (1) by a law enforcement officer in the lawful discharge of the officer's duties;
    (2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act
    acting in accordance with the policies of the officer's law enforcement agency;
    (3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's
    or operator's agents, including privately employed security personnel during the performance of
    their duties;
    (4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun
    license for that gun pursuant to the Concealed Handgun Carry Act on the premises of:
    (a) a licensed establishment that does not sell alcoholic beverages for consumption on the
    premises; or
    (b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its
    annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;
    (5) by a person in that area of the licensed premises usually and primarily rented on a daily or short- term basis for sleeping or residential occupancy, including hotel or motel rooms;
    (6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or"

    "Open Carry (Without A Valid Permit/License)
    Open Carry is legal and common in New Mexico. Places as listed in the “Places Off Limits” above apply to those who open carry. When open carrying, be prepared for Police Officers to question you as open carrying firearm gets their attention. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle."



    so theoretically i should be able to carry a concealed weapon with a clip in the gun but no round chambered and carry every where except listed in the quotes above...???

  2. #2
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    You may NOT legally conceal (except in your home or vehicle, and possibly on property you own or control, please correct me if I am wrong in this parenthetical comment) without a permit to conceal that is either issued by New Mexico or recognized by New Mexico. Indian Reservations will have their own laws and requirements and may not recognize a permit to conceal.

    Per State of NM liquor laws it is a FELONY to OC a firearm, loaded or not in any establishment that is licensed to sell alcohol---- yep, that means you MUST conceal in the interior of MOST convenience stores and places like Walmart and Target!
    Last edited by JoeSparky; 07-18-2013 at 02:41 AM.
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  3. #3
    Regular Member Maverick9's Avatar
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    Quote Originally Posted by JoeSparky View Post
    You may NOT legally conceal (except in your home or vehicle, and possibly on property you own or control, please correct me if I am wrong in this parenthetical comment) without a permit to conceal that is either issued by New Mexico or recognized by New Mexico. Indian Reservations will have their own laws and requirements and may not recognize a permit to conceal.

    Per State of NM liquor laws it is a FELONY to OC a firearm, loaded or not in any establishment that is licensed to sell alcohol---- yep, that means you MUST conceal in the interior of MOST convenience stores and places like Walmart and Target!
    ...on Tuesdays, with a full moon, at night. LOL

    Sounds like Fizbinn

  4. #4
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    Quote Originally Posted by JoeSparky View Post
    You may NOT legally conceal (except in your home or vehicle, and possibly on property you own or control, please correct me if I am wrong in this parenthetical comment) without a permit to conceal that is either issued by New Mexico or recognized by New Mexico. Indian Reservations will have their own laws and requirements and may not recognize a permit to conceal.

    Per State of NM liquor laws it is a FELONY to OC a firearm, loaded or not in any establishment that is licensed to sell alcohol---- yep, that means you MUST conceal in the interior of MOST convenience stores and places like Walmart and Target!
    i dont remember if it was this site or not but i read somewhere that in new mexico if the gun is unloaded you can conceal it without CCW...? i remember people on the site were talking about carrying concealed unladed with the magazine out of the gun..?

    if thats true new mexico does not specify what loaded means....

    some states like California specify n magazine in the gun at all is unloaded yet others say a magazine can be in the gun but a round cant be chambered....

  5. #5
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    can anyone confirm what the exact laws are possibly with links to an official source website?

  6. #6
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by JoeSparky View Post
    ... Indian Reservations will have their own laws and requirements and may not recognize a permit to conceal...
    Normally, reservation laws are only applicable to tribal members. To the rest of us, we treat it as private property. We only have to obey state laws, not tribal laws, but the tribe can trespass us from the reservation (probably for any reason.)

    New Mexico apparently has a state law that says the permit is not valid on tribal land without their endorsement! First time I've seen that! 29.19.10, according to www.handgunlaw.us, is the applicable state law.
    Last edited by MAC702; 07-18-2013 at 01:56 PM.
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