Open Carry Question

imported post

When everyone is talking about open carry here in New Mexico we are talking locked and loaded correct? (Legally and in plain sight.) Correct?

Now I have already taken then class get my CC permit. However at the class I was told by the instructor that if we wanted we could carry concealed as long as the firearm was unloaded. And the magazine was on the other side of your body.

Then I remember the instructor saying that if we had a wheel gun (revolver) the gun is concidered unloaded as long as the pull of the trigger did not set off a round. So if you had a 6 shot revolver, you could have 5 rounds loaded as long as the next chamber was empty.

Can anyone find these laws online or are they only mythical creatures?

If you believe you know the answers to any of my questions can you site your source please. Thanks

imported post

Think I found it on my own.


New Mexico Constitution Article II, Section 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. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

I'm still not sure about the concealed unloaded...

imported post

You may carry concealed and unloaded. I would not test the one empty chamber in a revolver. You do not want to be the test case. DO NOT CARRY LOADED OR UNLOADED INTO ANY PLACE THAT SELLS ALCOHOL. It is a 4th degree felony and you must serve a mandatory 1 year in prison for violating this stupid statue. When you get your CHL you may carry into businesses that sell alcohol for off premisis consumption only, and you MUST CARRY CONCEALED. There is no open carry in businesses that sell alcohol period. Good Luck!

imported post

Your instructor needs to go back to class. Why would anyone carry concealed and unloaded???? He was not only mistaken, but ignorant of the laws. You might as well not carry if the magazine is on the other side of your body. I would turn him in to the state. I wonder what other stupid things he taught. These were not laws he was teaching; must have been his personal preference.

imported post

New Mexico[/b] references[/b]



Good luck with your new CCW license. Just do not listen to your instructor, but please read the laws, because while NM is really good about open carry and issuing CCW, there are big penalties for carrying in certain places and you are supposed to know them all.

NM Department of Public Safety:[/b]

http://www.dps.nm.org/lawEnforcement/ccw/index.php



Firearm/CCW Laws:[/b] NM Statutes 30-7-1 thru 30-7-16 = http://law.justia.com/newmexico/codes/nmrc/jd_ch30art7-c459.html



State Gun Laws:[/b] http://gunshowonthenet.com/State_Gun_Laws/New Mexico.pdf



Deadly Force Laws:[/b] NM Statutes 14-5170 thru 14-5191



Constitution of the State of [/b]New Mexico[/b][/b]








Sec. 6. (Right to bear arms)









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. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
















30-7-2. Unlawful carrying of a deadly weapon. [/b]






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 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;[/b]
3. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
4. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
5. by a peace officer in accordance with the policies of his 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
6. by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].

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

1. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

30-7-2.1. Unlawful carrying of a deadly weapon on school premises.












A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:












(1) a peace officer;












(2) school security personnel;












(3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;












(4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or









(5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.









B. As used in this section, "school premises" means:












(1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or












(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.









C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony.

imported post

I agree you might as well try to throw your gun at 1200 FPS , than to try and load it in a life threating self defense situation. It is how ever legal to carry concealed and unloaded on your person so long as you do not go to places off limits. Yes you can also carry the ammo on your person. It is really bad advice to carry a self defense firearm unloaded. The statue states " nothing in this section shall prohibit the carrying of an unloaded firearm." That is why 30-7-3 the alcohol statue states " loaded or unloaded".

imported post

I'm sorry, but who's ignorant? Rant all you want but the instructor obviously knows more about the laws than you do. :banghead:


snoball wrote:

Your instructor needs to go back to class. Why would anyone carry concealed and unloaded???? He was not only mistaken, but ignorant of the laws. You might as well not carry if the magazine is on the other side of your body. I would turn him in to the state. I wonder what other stupid things he taught. These were not laws he was teaching; must have been his personal preference.

Click to expand...

imported post

There was no rant. I attended all the hearings in Santa Fe on CCW before the laws were passed and wrote letters to all the legislators about getting it passed. I am very familiar with all NM gun laws and was only saying that if the instructor told them this he is mistaken:

"Then I remember the instructor saying that if we had a wheel gun (revolver) the gun is concidered unloaded as long as the pull of the trigger did not set off a round. So if you had a 6 shot revolver, you could have 5 rounds loaded as long as the next chamber was empty."

NMGLOCK26 is totally correct in all his statements. The comment I made about why carry an unloaded gun was assuming the instructor was telling his students that is a way to carry. A revolver with any rounds in the chamber is considered a loaded weapon. Ask the Dept. of Public Safety.

imported post

I stand corrected snoball, I thought you were refering to carrying unloaded. You are indeed correct that unless you live in utah, a revolver with rounds in the cylinder is a loaded weapon. My apologies

imported post

if you have your CC then you can carry locked and loaded ready to go concealed, just like you can carry loaded open carry, though I never chamber a round because to me that is just stupid for walking around. I open carry everywhere, except Wal Mart because you need to CC for Wal Marts that sell alcohol for off site consumption. I OC to gas stations, Mc Donalds, Taco Bell, etc... 99% of businesses do not have the no guns in establishment. Also dress respectfully and not like a BG because you might just get harassed. I have gone through boarder patrol stops with my 9mm locked and loaded on the dash and have never had any problems. Places you do not want to carry are government buildings, courthouses, city hall, schools, etc... or bars.

imported post

I have asked this question numerous times, and not recieved a response:

Can anyone quote a law that says it is illegal to carry into city or state government buildings?

SickTag wrote:

if you have your CC then you can carry locked and loaded ready to go concealed, just like you can carry loaded open carry, though I never chamber a round because to me that is just stupid for walking around. I open carry everywhere, except Wal Mart because you need to CC for Wal Marts that sell alcohol for off site consumption. I OC to gas stations, Mc Donalds, Taco Bell, etc... 99% of businesses do not have the no guns in establishment. Also dress respectfully and not like a BG because you might just get harassed. I have gone through boarder patrol stops with my 9mm locked and loaded on the dash and have never had any problems. Places you do not want to carry are government buildings, courthouses, city hall, schools, etc... or bars.

Click to expand...

imported post

SpaceCase wrote:

Can anyone quote a law that says it is illegal to carry into city or state government buildings?

Click to expand...

I couldn't find an open-carry related NM statute. I did find this one prohibiiting concealed carry in certain government buildings:

29-19-11. Validity of license in a courthouse or court facility.

A concealed handgun license shall not be valid in a courhouse or court facility, unless authorized by the presiding judicial officer for that courthouse or court facility.

imported post

SpaceCase wrote:

I have asked this question numerous times, and not recieved a response:

Can anyone quote a law that says it is illegal to carry into city or state government buildings?

SickTag wrote:

if you have your CC then you can carry locked and loaded ready to go concealed, just like you can carry loaded open carry, though I never chamber a round because to me that is just stupid for walking around. I open carry everywhere, except Wal Mart because you need to CC for Wal Marts that sell alcohol for off site consumption. I OC to gas stations, Mc Donalds, Taco Bell, etc... 99% of businesses do not have the no guns in establishment. Also dress respectfully and not like a BG because you might just get harassed. I have gone through boarder patrol stops with my 9mm locked and loaded on the dash and have never had any problems. Places you do not want to carry are government buildings, courthouses, city hall, schools, etc... or bars.

Click to expand...

Actually I think that I did find one but I am not sure where it was. It was on one of the opencarry type sites with the actual written laws on it. If I can find it I will link it. I have an open carry class tomorrow and I will be sure to ask the instructor about it, but I know that I had found the law and then talked to a gun store owner who teaches the open/cc laws as a class and told me the same thing: Government buildings, schools, establishments that serve alcohol, buildings with the no guns sticker in the window. I walked into the police department to buy a couple police reports and I had an empty holster for my open carry and the lady behind the bullet proof glass didn't talk to me but instead a cop came up to ask me what I wanted. Was kind of awkward, but I had seen him at the shooting range that weekend and asked him about it and he seemed to chill a bit. Guess you cannot carry into the LEO station! Good thing I didn't.

Other then that I have not had the slightest problem with any Law Enforcement Officers. I know for a fact that they will bust your ass for carrying into a couthouse. Not talking about the courtroom, but the building itself. There is a sign that says that it is against the law to carry any kind of firearm or weapon into a federal building. Of course unless you are a cop/sheriff. They have a spot in the building that you have to surrender your firearms if you have to go into the courtroom.

Click to expand...