New to NM, Starting to OC.

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Sorry the links did not work... the reading of the ordinances doesn't prohibit open carry... only concealed outside of the legal state statutes. I bring this to your attention because certain law enforcement officers in the town of Silver City will have you believe that it isn't legal to carry a loaded firearm. The state statutes nor SC ordinances say anything of the sort.
§ 132.041 UNLAWFUL CARRYING OF A DEADLY WEAPON.
(A) Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) In the person’s residence or on real property belonging to him or her as owner, lessee, tenant or licensee;

(2) In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property, while traveling;

(3) By a peace officer in the lawful discharge of his or her duties;

(4) By a peace officer in accordance with the policies of his or her law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) By a person in possession of a valid concealed handgun license issued to him or her by the Department of Public Safety pursuant to the provisions of§§ 29-19-1 through 29-19-13 NMSA 1978, the Concealed Handgun Carry Act.

(B) Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

(C) Whoever commits unlawful carrying of a deadly weapon is guilty of a misdemeanor.

and

§ 132.049 PROHIBITED USES OF WEAPONS AND FIREARMS.
(A) It shall be unlawful for any person to:

(1) Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate town limits;

(2) Fire or discharge any BB gun, air pistol, air rifle or sling shot within the corporate town limits.

(3) Shoot or sling an arrow with a bow or any other device within the corporate town limits;

(4) Throw any stone, rock or other propellant, missile or substance in any manner so as to be reasonably likely to cause injury to any person or property;

(5) Carry a firearm while under the influence of an intoxicant or narcotic;

(6) Endanger the safety of another or his property by handling a firearm, BB gun, bow, air pistol, air rifle or sling shot in a negligent manner; and

(7) As a parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.

(B) Division (A)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle or other firearm in any firing range that meets all other standards imposed by law.

(C) Division (A)(2) of this section shall not apply to air rifles, air pistols and BB guns that are discharged on any firing range that meets safety standards established and promulgated by the Police Department or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.

(D) Division (A)(3) shall not be construed to prohibit target firing of a bow that is discharged on any firing range that meets safety standards established and promulgated by the Police Department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.

(E) Divisions (A)(1), (A)(2) and (A)(3) shall not be construed to prohibit the use of a weapon in the valid exercise of the right of self-defense of person or property.

(F) Divisions (A)(1), (A)(2) and (A)(3) shall not apply to any authorized police or police officer discharging any weapon or firearm in the lawful pursuit of duty.



The town charter includes the following... which I include for amusement purposes.

Section 11[36]. The council shall have power to provide for the extinguishment of fires; to establish and provide wells and cisterns; to regulate the fixing of chimneys and the flues thereof; to regulate the storage of gunpowder and other combustible materials; to provide for the inspection and weighting of hay; for the measuring of charcoal and other fuel; to regulate the size of bricks; for the inspection of other building material to be used or sold within said town; to levy and collect a tax on dogs, not to exceed three dollars per head; to prevent and punish for the firing of firearms, the galloping or furious driving of horses and mules, fighting, quarreling, Sabbath breaking, drunkenness, indecent and profane language, and all offenses against public decency and good order, within the corporate limits of the town; to provide for the election of town officers, for the removing from office of any person holding an office created by an ordinance; to fix the compensation of all town officers; to regulate the fees of jurors, witnesses and others for services rendered under this act, or any ordinances of the town.

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Thanks for the clarification. The info was indeed interesting and the latter part was quite amuzing. Thanks for taking the time to post the full info.

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Lonnie Wilson wrote:

I don't think so. I got a bitch email from Steve Aikens telling me to "stay out of NM politics" due to my efforts to try to include OC into the package by people calling the Senator who sponsored. He was becoming increasingly belligerant with each and every response I was sending back to him telling him my reasons.

Rules for contacting me:

Rule 1) Insisting that I stop doing something later on in the email, when you insult me as a "25 year old snot nosed know it all right" at the beginning, is likely to elicit laughter and an unwillingness to do what is asked out of general principle.

Rule 2) Never ever assume I, as a lone person from out of New Mexico, have some sort of magic wand to destroy your bills. If your friends in the Legislature are so spineless that they're scared by a few calls from out of state, then they aren't really your friends.

Rule 3) When you have a reputation to uphold, never send uppity emails that you don't expect to get posted all over creation. Thus far, I have decided not to post Steve Aikens' insulting emails to this forum or any other. Thus far......

-Lonnie

Click to expand...

Lonnie,

You absolutely have my permission to post my emails to you, as long as they are posted in their entirety, and all three are posted. I stand behind every word today, just as I did when I emailed you.

Bottom line is simple. If you don't reside in a state, and a POSITIVE change is being made to a firearms law, you have no business encouraging others to campaign AGAINST that change, unless of course, you're anti-gun. Being the person in New Mexico that has to work harder and longer, in an already difficult anti-gun climate in the legislature - I take tremendous offense to someone from outside my state creating even larger barriers to that legislation without consulting someone that LIVES IN THE STATE and understands why things are being done the way they are. If you don't give me that courtesy - don't expect anything but ire for how much more difficult you've made passing that legislation.

As to open carry - I carry openly and concealed almost every day of my life. Of course that would be hard to see -- from Washington State, wouldn't it.

Thaine, your information is not completely accurate. The 1917 Colt was DRY. I commented that since it was DRY junk that would probably fail - I'd buy it from the owner. Hardley bashing the gun as a shooter. Regards rental guns failed twice., I teach NEW SHOOTERS. When they chose to qualify with a .45 ACP, and have never shot before, limp wristing is not unusual. Though I honestly don't remember a class where there were two failures, it's certainly a possibility.

Steve Aikens.

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I was not aware that you could carry in National Parks. I know you cannot carry on Indian Reservations, though most do honor state laws if you leave the highway you are in a whole other ballpark. Definately a no-no around those casinos! But you can still carry in your car, concealed or not, loaded or not because in New Mexico your car is an extention of your house.