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New Mexico's THOU SHALL NOT CARRY...

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SickTag

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I took a class for my CC permit and got a lot of useful information that I thought would be helpful for a lot of people on here.



THOU SHALL NOT CARRY...


You may NOT carry a handgun, openly or concealed in:

-Liquor establishments (30-7-3 NMSA 1978, fourth degree felony) except by a person a concealed handgun who is in possession of a valid concealed handgun license and provided that the licensed establishment does not sell alcoholic beverages for consumption on premises

-Schools...except in vehicle if older than 19 (30-7-2.1 NMSA 1978, fourth degree felony)

-University Premises...except in vehicle if older than 19 (30-7-2.4 NMSA 1978 petty misdemeanor)

-Preschools (29-19-8 NMSA 1978)


-Courts (29-19-11 NMSA without the consent of the presiding judge)

-Tribal Land (29-19-10 NMSA unless authorized by the governing body of the tribe or pueblo)

-Public Buses (30-7-13 NMSA 1978 misdemeanor)

-NM state buildings

-NMstate parks

-Airport security zones

-Many federal properties, military bases, national parks, courthouses, national monuments, etc...

-On Private property where the owner has signs posted

-While under the influence of alcohol or drugs (30-7-1 NMSA 1978 petty misemeanor) This includes ANY ammount of alcohol consumed, this also includes over the counter medications such as benidril

You may also only carry ONE concealed handgun at a time if you have a concealed permit.


Source

www.riclin.net - "New Mexico Concealed Handgun Manual" Riclin Firearms Training 2008
 
S

SpaceCase

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Excellent information SickTag! I would like to add some things to this for discussion.

Tribal Land:
IIRC the Navajo Nation has agreed to allow concealed carry with a NM CC permit. Can anyone else confirm?

Public Buses:
IIRC the mayor of Albuquerque has given permission for concealed carry on city buses. As I don't ride them, can anyone else confirm?

NM State Buildings:
I have never found any information to support this. Can anyone come up with the statute? There are specific restrictions that SickTag has listed for schools, courthouses etc. but not one for State Buildings.

Federal Properties:
This one is long so I will post separately

Private Property with Signs Posted:
Ahh, this is my favorite one. 10.8.2.27 reads "Pursuant to subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 30-14-6 or by verbally notifying persons entering the property"

Now on first glance this appears as though any sign on the front door of a business would qualify. So I quote to you NMSA 1978 30-14-6:

30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.

A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.

B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:
(1) be printed legibly in English;
(2) be at least one hundred forty-four square inches in size;
(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;
(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and
(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.

C. Any person who posts public lands contrary to state or federal law or regulation [regulation] is guilty of a petty misdemeanor.


Draw your own conclusions as I do not purport to be a lawyer :)

-Space
 
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SpaceCase

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Federal Buildings
Now this topic always stirs up the forums due to the logistics of post office carry. So suffice it to say that each division (ie national parks) may have their own rules in place, and it is your responsibility to know them, it does seem like federal agencies like to purposefully omit information in the laws that they post.

In every posting of 18 USC 930 I have ever seen an important section is missing. See subsection (d) line 3. It is missing in every sign in every federal facility I have entered. Why? Also note that this law makes a distinction from a Federal facility where section (d) applies and a federal court facility where it does not.

Again I am not a lawyer, but I would like to pose the question to all of you of what then is keeping us from legal federal carry in this law?

§ 930. Possession of firearms and dangerous weapons in Federal facilities

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills or attempts to kill any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113.
(d) Subsection (a) shall not apply to -
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;

(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
​
(e)(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.

(e)(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term ''Federal facility'' means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

(2) The term ''dangerous weapon'' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

(3) The term ''Federal court facility'' means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
​
(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.


​
 
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SickTag

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State buildings are not city buildings, which you can carry in, such as City Hall. The City Hall in Alamogordo you can carry in, but not the traffic court that is in the rear of the building. I did have a bit of a time with going into the Police Station here with just an empty holster. You can do it, but unless you have some serious time to kill don't OC into your local DPS station.
 
Flintlock

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Can't carry on public buses?

No state parks?

Can't carry a backup sidearm?

Can't take a Benadryl for allergies and carry?

Seems a bit draconian. I hadn't thought that off-limits places were so extensive in New Mexico.
 
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SpaceCase

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Flintlock wrote:
Can't carry on public buses?

No state parks?

Can't carry a backup sidearm?

Can't take a Benadryl for allergies and carry?

Seems a bit draconian. I hadn't thought that off-limits places were so extensive in New Mexico.
Click to expand...
Well when you put it like that :D
 
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