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Open in FMN

MDA_II

Regular Member
Joined
Apr 1, 2008
Messages
38
Location
Farmington NM, ,
imported post

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)
 

NMGlock26

Regular Member
Joined
Apr 7, 2007
Messages
34
Location
Albuquerque, ,
imported post

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.
 

SpaceCase

Regular Member
Joined
Jan 10, 2008
Messages
58
Location
, ,
imported post

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/LicenseeSearchFacilities.asp

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

-Space
 

SpaceCase

Regular Member
Joined
Jan 10, 2008
Messages
58
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, ,
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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
 

MDA_II

Regular Member
Joined
Apr 1, 2008
Messages
38
Location
Farmington NM, ,
imported post

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.
 

NMGlock26

Regular Member
Joined
Apr 7, 2007
Messages
34
Location
Albuquerque, ,
imported post

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.
 

MDA_II

Regular Member
Joined
Apr 1, 2008
Messages
38
Location
Farmington NM, ,
imported post

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.
 

PavePusher

Regular Member
Joined
Apr 26, 2007
Messages
1,096
Location
Tucson, Arizona, USA
imported post

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?
 

MDA_II

Regular Member
Joined
Apr 1, 2008
Messages
38
Location
Farmington NM, ,
imported post

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.
 

SickTag

Regular Member
Joined
Mar 5, 2008
Messages
64
Location
Alamogordo, New Mexico, USA
imported post

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.
 

SickTag

Regular Member
Joined
Mar 5, 2008
Messages
64
Location
Alamogordo, New Mexico, USA
imported post

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/LicenseeSearchFacilities.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....
 

SpaceCase

Regular Member
Joined
Jan 10, 2008
Messages
58
Location
, ,
imported post

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
 

RogueWarrior

New member
Joined
Oct 23, 2007
Messages
343
Location
, ,
imported post

Question are you aloud to carry in the public area of the airport IE before the check point
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
imported post

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.
 

NMGlock26

Regular Member
Joined
Apr 7, 2007
Messages
34
Location
Albuquerque, ,
imported post

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.
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,908
Location
El Paso, TX (formerly Colorado Springs, CO)
imported post

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.
 

NMGlock26

Regular Member
Joined
Apr 7, 2007
Messages
34
Location
Albuquerque, ,
imported post

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.
 
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