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Thread: Open in FMN

  1. #1
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    Let's see, in the past week I've been OC in:

    K-Mart (no problems there)

    Autozone (no problems there)

    Starbucks (No problems there)

    Car Wash at Jiffy Lube (Some Gang bangers were there, got nervous seeing me vac. out my pickup (I think) and left)





  2. #2
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    I am sure you know about the alcohol statue. This stupid statue needs to be changed. The original intent was to prevent bar room shoot outs. The problems is the gray areas. Lets say you carry in a chain restaraunt that dose not serve alcohol but has an alcohol permit on file with the state. I know of at least one here in Albuquerque. Is this a violation? The fair grounds. They serve alcohol during different events. Do they have an umbrella permit for the entire fair grounds or only confined to areas that actually serve the alcohol? What about a a store that sells for off premisis consumption but has the 1 ounce taste glass ? ( concealed carry ) We need a 51% rule here for all places that sell alcohol. At least now we can carry concealed with a CHL in places that sell alcohol for off premisis consumption.

  3. #3
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    NMGlock26 wrote:
    I am sure you know about the alcohol statue. This stupid statue needs to be changed. The original intent was to prevent bar room shoot outs. The problems is the gray areas. Lets say you carry in a chain restaraunt that dose not serve alcohol but has an alcohol permit on file with the state. I know of at least one here in Albuquerque. Is this a violation? The fair grounds. They serve alcohol during different events. Do they have an umbrella permit for the entire fair grounds or only confined to areas that actually serve the alcohol? What about a a store that sells for off premisis consumption but has the 1 ounce taste glass ? ( concealed carry ) We need a 51% rule here for all places that sell alcohol. At least now we can carry concealed with a CHL in places that sell alcohol for off premisis consumption.
    The law is very clear here. There is no grey area. If a business is licensed to serve there is no carry on the property. It does not matter if they are serving presently, or if there are beer gardens.
    But here is a challenge for you: If the state fair sells booze, are they licensed? Or do they picnic thier license out? If they are licensed, how can they have a gun show?

    Here is a good link to help in knowing if an establishment is licensed:
    http://www.rld.state.nm.us/AGD/Licen...Facilities.asp

    Of cours the state fair doesn't come up.....

    -Space

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    Ohhhh...
    Found it:

    License #: 9033 Expires: 6/30/2008 Name: NEW MEXICO STATE FAIR Owner: NEW MEXICO STATE FAIR COMMISSION

    So how can we go to a gun show?

    -Space

  5. #5
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    None of the places I went have alcohol certificates.

    I have already spoken to the State Senator that sponsored the CCW bill allowing carry in the places that do not sell alcohol for cunsumption, about changing it re: open carry, as well as allowing carry into a place that is not 100% alcohol sales for cunsumptionon premises.

    There is a move afoot already to change these.

  6. #6
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    I agree , you are in violation or you are not. Interpretation of the law is for the courts and attorneys. I think technically every one who attends the gun show with a firearm is in violation. Here is another one , you check your unloaded firearm to fly out of Albuquerque on a major airline carrier. They all serve and have alcohol on the aircraft. The license issued by the state uses the word "establishment" is an aircraft an establishment? That is why other than checking my gun to fly ,I always carry concealed. I mean concealed, no printing etc. You never know when you may violate this statue with out the intent to do so. It is a 4th degree felony to violate this statue intended or not. You must serve 1 year in prison if you are found gulity of violating this statue. That is harsh. Many times you may end up inside an establishment that serves alcohol or that is licensed to but is not currently selling or serving . Another example is a chain of quick stop gas station- stores. Some sell alcohol ,some dont but they all may be licensed to. I would like to open carry but the risk of guessing is too great. It is not worth it in my opinion.

  7. #7
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    On an aircraft, the FAR's (Federal Aviation Regulations) take precedent over any state law.

    LEO's, FAM and FFDO are the ONLY ones allowed to be armed in an airport or on an A/C. Period.

  8. #8
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    I stated "check". I should have included the word baggage. I did mean declared and checked baggage.

  9. #9
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    Roger that.

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    MDA_II wrote:
    On an aircraft, the FAR's (Federal Aviation Regulations) take precedent over any state law.

    LEO's, FAM and FFDO are the ONLY ones allowed to be armed in an airport or on an A/C. Period.
    You're talking about the "secure" areas of the airport, right?

  11. #11
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    Re: Yes,In any SIDA "Secure" areas, or ramp areas designated as a SIDA area.

    General aviation areas/ramps are normally not considered secure areas, unless desiganated by the airport authority or governing agency.

  12. #12
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    MDA_II wrote:
    Let's see, in the past week I've been OC in:

    K-Mart (no problems there)

    Autozone (no problems there)

    Starbucks (No problems there)

    Car Wash at Jiffy Lube (Some Gang bangers were there, got nervous seeing me vac. out my pickup (I think) and left)




    Yes you can OC in K Mart but the local one here has a cheap rent a cop who thinks that you are not allowed to OC in K mart but I have heard of people doing it in other K Marts. THERE IS NO STICKER IN THE WINDOW!! If someone can find out from corperate K mart that would be great. I have OC'd everywhere and will give a few places you can OC and have no problems:

    Taco Bell
    KFC
    Mc Donalds
    Burger King
    Diamond Shamrock
    Allsups
    Circle K
    The City Park
    Most Gas Stations
    Golden Corral
    Si Senors
    a Couple of Malls
    Cinema 5
    Fina
    Color Time
    Gamestop
    Subway
    a couple of thrift shops
    Hastings (books and video)
    Wendy's
    EB
    Wally's Paperback Books


    Pretty much can carry anywhere. Also if you ever go through a boarder patrol, don't worry about that either. I put my loaded 9mm on the dash to see what they would say when I went through. He saw it and just asked the same questions and nothing happened past that.

  13. #13
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    SpaceCase wrote:
    NMGlock26 wrote:
    I am sure you know about the alcohol statue. This stupid statue needs to be changed. The original intent was to prevent bar room shoot outs. The problems is the gray areas. Lets say you carry in a chain restaraunt that dose not serve alcohol but has an alcohol permit on file with the state. I know of at least one here in Albuquerque. Is this a violation? The fair grounds. They serve alcohol during different events. Do they have an umbrella permit for the entire fair grounds or only confined to areas that actually serve the alcohol? What about a a store that sells for off premisis consumption but has the 1 ounce taste glass ? ( concealed carry ) We need a 51% rule here for all places that sell alcohol. At least now we can carry concealed with a CHL in places that sell alcohol for off premisis consumption.
    The law is very clear here. There is no grey area. If a business is licensed to serve there is no carry on the property. It does not matter if they are serving presently, or if there are beer gardens.
    But here is a challenge for you: If the state fair sells booze, are they licensed? Or do they picnic thier license out? If they are licensed, how can they have a gun show?

    Here is a good link to help in knowing if an establishment is licensed:
    http://www.rld.state.nm.us/AGD/Licen...Facilities.asp

    Of cours the state fair doesn't come up.....

    -Space
    I could not find The Silver Dollar. It is a place in Tinnie, NM. I didn't realize that they not only had a bar but they also sold beer out of a store in there. But they did not show up on the search....



  14. #14
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    Next time you go in, look for thier license and get the number. It may not be in the same name, and/or they may be operating illegally.

    -Space

  15. #15
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    Question are you aloud to carry in the public area of the airport IE before the check point
    A gun Owner Is A Citizen
    Anyone Else is a Subject

  16. #16
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    SickTag,

    The Silver Dollar is a nice place...and a very historic building in the Hondo Valley. It was up for sale some years ago...I hope whoever bought it (if it was sold) keeps up the place.



    As for gas stations though, what about the ones that sell beer on the premises (that's most of them nowadays, isn't it?

    Can you OC as long as you don't go INTO the store part (i.e., just stay out at the pump and pay)? I mean you're ON the premises and they sell alcohol for offsite consumption...that's not supposed to allow OC, only CC, right?


    -- John D.

    (formerly of Colorado Springs, CO)

  17. #17
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    Statue 30-7-3 sub section 6 states guilty of a fourth degree felony except " by a person on that area of a licensed premises primarily used for vehicular traffic or parking;" I would think that means you may have a loaded gun and open carry or concealed gun inside your vehicle on a licensed premises. Motor vehicles used for privet conveyance are considered an extension of your home in New Mexico. I would not open carry, step outside of your vehicle to pump gas unless the gun is inside the vehicle. Concealed is fine with a CHL. . Disclaimer (I am not an attorney) Just my opinion. Statue 30-7-3 sub section 5 states except " 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;" If you stay at a hotel motel with a bar you may have your gun in your room. I would assume the lobby area and other common areas are not in violation, if necessary to access your room. I would not test open carry. Once again ,just my opinion I am not an attorney.

  18. #18
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    The key word in the statue of 30-7-3 is "on premises" not in or inside premises.

  19. #19
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    Thanks for the info.

    I think SickTag may want to be careful (cease?) OCing at those gas stations then.

    As for me, I am often on my BIKE and it'd be awkward having to takethe gun out of the holsterand putting it in a saddlebag just to pump gas. And I dare not LEAVE the bike lest someone see the gun be put into the saddlebag and try to steal it.

    What a hassle, all these different state laws are...but we're all Americans and should have the same civil rightsregardless of what state we live in.

    -- John D.
    (formerly of Colorado Springs, CO)

  20. #20
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    The statue statue states"privet conveyance" I think that would mean any thing that is used for transportation. I think it would depend on the LEO that observed you stepping off your motocycle to purchase gas. I agreed before with SickTag that an LEO will charge you if you are in violation or not with his/her interpretation of the statue. I would think if you break physical contact with your bike you are in violation. I dont know if there has been a test case with this situation. I would error on the side of caution especially if you are OCing. You do not want to be the test case.

  21. #21
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    RogueAussie wrote:
    Question are you aloud to carry in the public area of the airport IE before the check point
    I am not sure about Alb. Airport, but I know that you can CC in El Paso's Airport up to the security check point. I was told you could OC the same in El Paso, but I am not really brave enough to do it since all the concern and attention it might draw to me.


    About gas stations that sell alcohol, you can OC as long as you do not enter the building, so if you pay at pump or just wait outside you can carry. You can also carry at places that sell like wal mart all you want in the parking lots as long as you do not OC in the building.

    Also in my town most gas stations do not sell alcohol with the exception for the J&J mini marts and Shell Gas Stations. Alsups, Diamond Shamrock here do not sell so there have been no problems. I usually goto Alsups or the gas station in the wal mart parking lot to fill up just so I can carry.

    I am not sure about other people who carry, but I will spend a little more for gas just so I can carry and I pick places to goto most of the time based on if I can carry there or not. Note I said MOST of the time and that I am married so sometimes I just lock my gun up in the car.

  22. #22
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    NMGlock26 wrote:
    The statue statue states"privet conveyance" I think that would mean any thing that is used for transportation. I think it would depend on the LEO that observed you stepping off your motocycle to purchase gas. I agreed before with SickTag that an LEO will charge you if you are in violation or not with his/her interpretation of the statue. I would think if you break physical contact with your bike you are in violation. I dont know if there has been a test case with this situation. I would error on the side of caution especially if you are OCing. You do not want to be the test case.
    with motorcycles there is an unwritten rule of 3 feet. If you decide to CC and ride your motorcycle you can and if you get off, you have a 3 feet range so if you decide to pack your pistol in a bag while you go into a store it is fine and most police officers respect the 3 foot rule. This is also great if you are riding and decide to pay at pump and fill up you can CC and be legally safe as long as you don't go wandering off.

  23. #23
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    I have also herd of the 3 foot rule. It is unwritten though. I have talked to several LEOs and they all seemed to know and agree about the 3 foot rule. I did not mention it in my earlier post because it is unwritten.

  24. #24
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    Thanks, guys for the additional info...I feel better about open-carrying at gas stations on my bike in NM (here in TX, they ALL seem to sell beer).

    Never heard of the 3-foot rule for bikers but that makes sense if not written legality...there's a Shell station right across from Village Inn (Telshore & E. Lohman in Las Cruces) and I assumed they sold beer in their store.

    I sometimes drive up to Las Cruces on HWY 28 -- like lots of other bikers on the weekends especially -- and it would be nice to not have to take the gun off just to "pay-the pump" and wondering about all that beer being sold just inside the store a few feet away. And I don't like the idea of puttingthe guninto my saddlebags with people watching...but I don't need to go into the store anyway.

    Ialso like to go to said Village Inn for some coffee and getting online with my laptop (free WiFi there)...does anyone know if it's posted (re: OC)? I forgot to look for signs the last time I was there and I don't know Village Inn's New Mexico policy re: firearms OC or CC.

    -- John D.
    (formerly of Colorado Springs, CO)

  25. #25
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    If you are staying at a hotel or motel you can carry there like your home while you are there. I know you can also carry in hotels with bars if you just stay out of the bar. It is a good idea to get a good locking safe for your car/hotel room. Check out the box at http://www.center-of-mass.com/ My CC instructor uses it, he said get the large size because it is better to have a gun too little for a box then a box too little for a gun. Plus the box meets regulations for transporting your gun on flights and you can take it anywhere and he uses it to lock up his gun while traveling or when he can't carry into an establishment. It hides easily and most people who break into cars are smash and grabs so a locked safe with a locked teather isn't going anywhere. Yes with time they could break into the box but it would take them a little while to do it. He owns 4. I am going to get 2 myself.

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