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Thread: A cop told me he thinks I cant OC....

  1. #1
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    So I was in Las Vegas, NM and I was open carrying where ever I went, Walmart, grocery store, radio shack and more.

    I never saw anyone open carrying. I do think some people were a little shocked to see me open carrying.

    I went to the local police station, asked a cop if its ok to open carry. He didnt know so he goes into his office comes back 15 minutes later with some print outs of the state laws about firearms and an application for concealed carry.

    He still couldnt confirm but he said he wouldnt advise to wear it open.

    With that said, can anyone here give me the state law or any NM govt wording that says its ok to open carry in NM?

    Also, if you were in my situation , would you still open carry if nobody else did and it wasnt really a thing the public over there were accustomed too?

    I still want to open carry...

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    Whydid you go to a police station to ask a cop about the law? Cops are not lawyers, and they typically only know enough about the laws they regularly enforce to get by and make arrests that will hold up in court. I wouldn't expect otherwise, they are only human, and there is no way (or reason) for them to memorize sections of code about things they rarely see or experience. I am not even sure if it is possible, with as many laws as are on the books.In the Richmond tri-cities area, there isone locality where OVER 50% of those arrested by cops are never even charged - often because the prosecutors can't even make a case that a crime has been commited based on the officers report/behavior. Open carry in NM is legal - about as legal as it gets - it is a Gold Star state. There israrely any reason to ask a cop his or her opinion on the law - in some cases, especially with relatively obscure topics,you may as well ask Joe Schmoe on the street. You also put the officer in a predicament -he doesn't want to be wrong and have it come back to bite him - so you will get the most conservative answer.From your post, it sounds like this officer just gave you his opinion, anyway - that he would advise against it. OK. He shouldn't open carry then. That has nothing to do with the choices you make.

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    Haroon wrote:
    He didnt know so he goes into his office comes back 15 minutes later with some print outs of the state laws about firearms
    Just out of curiosity, which laws did he print out for you?
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    SicSemperTyrannis wrote:
    Whydid you go to a police station to ask a cop about the law? Cops are not lawyers, and they typically only know enough about the laws they regularly enforce to get by and make arrests that will hold up in court. I wouldn't expect otherwise, they are only human, and there is no way (or reason) for them to memorize sections of code about things they rarely see or experience. I am not even sure if it is possible, with as many laws as are on the books.In the Richmond tri-cities area, there isone locality where OVER 50% of those arrested by cops are never even charged - often because the prosecutors can't even make a case that a crime has been commited based on the officers report/behavior. Open carry in NM is legal - about as legal as it gets - it is a Gold Star state. There israrely any reason to ask a cop his or her opinion on the law - in some cases, especially with relatively obscure topics,you may as well ask Joe Schmoe on the street. You also put the officer in a predicament -he doesn't want to be wrong and have it come back to bite him - so you will get the most conservative answer.From your post, it sounds like this officer just gave you his opinion, anyway - that he would advise against it. OK. He shouldn't open carry then. That has nothing to do with the choices you make.
    chill out man! I went to the station beause they enforce the law, so I figured they would know it. Why are you making it seem cops are the last people who know the law and as if their job doesnt revolve around the LAW.

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    No harm in asking the police. One just has to recognize the liabilities--very frequently answers that are wrong.

    We've learned the hard way to learn the law ourselves instead of asking the police. Check out the threads, "Gwinnet County Police," "Henrico Intrusive Policy," and the thread about the incident at Tony's restaurant in Manassas.Our Supermoderator, Mike, had to sue a PA county sheriff to get him to stop violating law by demanding Social Security numbers on concealed carrry permits. The list goes on and on.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Haroon wrote:
    chill out man! I went to the station beause they enforce the law, so I figured they would know it. Why are you making it seem cops are the last people who know the law and as if their job doesnt revolve around the LAW.
    Because we know by experience asking LEOs for legal advice leads almost always to frustration and incorrect proffers of rules of law.

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    so with that said, is there any place I can go to print out a state law or anything written that backs up how you can OC in NM?

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    Haroon - thats an easy one.....cite the law that says you can't OC in NM.

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    bayboy42 wrote:
    Haroon - thats an easy one.....cite the law that says you can't OC in NM.
    He can't OC in places that sell alcohol even for off premesis consumption. Violation is a felony.

    Other than that, I don't think it's a problem.

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    Lonnie Wilson wrote:
    bayboy42 wrote:
    Haroon - thats an easy one.....cite the law that says you can't OC in NM.
    He can't OC in places that sell alcohol even for off premesis consumption. Violation is a felony.

    Other than that, I don't think it's a problem.
    I thought you could carry in places that sell alcohol, just has to be open not concealed? Or was that VA...

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    Haroon wrote:
    Lonnie Wilson wrote:
    bayboy42 wrote:
    Haroon - thats an easy one.....cite the law that says you can't OC in NM.
    He can't OC in places that sell alcohol even for off premesis consumption. Violation is a felony.

    Other than that, I don't think it's a problem.
    I thought you could carry in places that sell alcohol, just has to be open not concealed? Or was that VA...
    Um....at least for now the open carry and concealed carry "rules" are exact mirrors in NM. Or put another way, they are the same rules applying to both. On July 2nd or thereabouts, you will be able to carry, concealed only, in packaged liquor stores.

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    With that said, can anyone here give me the state law or any NM govt wording that says its ok to open carry in NM?


    You got me curious. After much researching, it appears everything is geared to CCW. The only place I could find it mentioned was in the NM State Constitution.

    Other resources state NM is an Open Carry State, but no specific reference.

    I carried concealed 84-94 , authorized in the NM Liq Laws. An owner/Leesee of a Liq Lisc is authorized to carry for the protection of himself and his customers. Open or concealed was not mentioned. But open would have been stupid for some one to grab the firearm. I carried in a shoulder holster most of the time.

    Since I no longer lease a Liq Lisc, I'm back to the open carry subject to restrictions of Fed and State. I don't have a CCW, as I haven't been able to get away from my Parental Caregiving duties for the time needed to attend the necessary classes.

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    Ok to be clear, is there any state official writing some where weather its in the some book or state law book or state constitution or whatever, that basically says you can OC in NM?

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    LCSNM wrote:
    With that said, can anyone here give me the state law or any NM govt wording that says its ok to open carry in NM?
    You'll find it right next to the law that says you can wear a red shirt and drive a yellow car at the same time. In other words, if it's not specifically prohibited then it's legal to do it, or in the logic of the antis it's a loophole in the law that allows you toopen carry.

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    OC-Glock19 wrote:
    LCSNM wrote:
    With that said, can anyone here give me the state law or any NM govt wording that says its ok to open carry in NM?
    You'll find it right next to the law that says you can wear a red shirt and drive a yellow car at the same time. In other words, if it's not specifically prohibited then it's legal to do it, or in the logic of the antis it's a loophole in the law that allows you toopen carry.
    Send
    ok cool thanks


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    Haroon wrote:
    OC-Glock19 wrote:
    LCSNM wrote:
    With that said, can anyone here give me the state law or any NM govt wording that says its ok to open carry in NM?
    You'll find it right next to the law that says you can wear a red shirt and drive a yellow car at the same time. In other words, if it's not specifically prohibited then it's legal to do it, or in the logic of the antis it's a loophole in the law that allows you toopen carry.
    Send
    ok cool thanks
    I was quoting Haroons request.I should have credited him for the question. Read my whole post.NM Constitution says you can
    There is another one about the car specific. It is an extension of your home and open carry/concealed carry is authorized.

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    It is a constitutional *right* both Federally AND in the State of New Mexico. There are no other laws that infringe upon that right other than what is spelled out. It is NOT more complicated than that. It also is not something that is viewed or dealt with as a privledge.

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    Haroon,

    "The NM OC Law" is in the NM State Constitution, and it has a preemption statement as well.

    Cite the NM Constitution for your "law" allowing OC-ing in NM...especially to that ignorant cop next time you see him.

    We have lots of ignorant cops here, too, and they even stomp all over your rights due to their ignorance of the law.

    -- John D.


    (formerly of Colorado Springs, CO)

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    I hope you did not walk into a business that sells alcohol. Its a 4th degree felony in NM to carry a firearm into any place that sells alcohol . Starting July 1st 2007 you can carry concealed with a CHL into businesses that sell alcohol for off premises consumption. The 4th degree felony can not be reduced. It is a mandatory 1 year in prison. Please review state law 30-7-3. Be carefull.

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    This thread is starting to get repeatingly repetitious !!

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    Well, in a group that is on life-support, any activity is good activity.

    -- John D.




    (formerly of Colorado Springs, CO)

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    "Life support" ? How so ?

    (Am I gonna regret asking ? GRIN)

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    Someone here said to cite the NM constitution and this is what I saw:

    Code:
    Sec. 6.   No  law shall abridge the right  of the citizen to keep  and
    bear arms for security  and defense, for lawful  hunting and
    recreational use and for other lawful purposes, but  nothing
    herein shall  be held  to permit  the carrying  of concealed
    weapons.
    With that said, which part talks about open carrying and not concealed

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    NMGlock26 wrote:
    I hope you did not walk into a business that sells alcohol. Its a 4th degree felony in NM to carry a firearm into any place that sells alcohol . Starting July 1st 2007 you can carry concealed with a CHL into businesses that sell alcohol for off premises consumption. The 4th degree felony can not be reduced. It is a mandatory 1 year in prison. Please review state law 30-7-3. Be carefull.
    No I didnt....

  25. #25
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    NMGlock26 wrote:
    I hope you did not walk into a business that sells alcohol. Its a 4th degree felony in NM to carry a firearm into any place that sells alcohol . Starting July 1st 2007 you can carry concealed with a CHL into businesses that sell alcohol for off premises consumption. The 4th degree felony can not be reduced. It is a mandatory 1 year in prison. Please review state law 30-7-3. Be carefull.
    No I didnt....

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