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Thread: What New Mexico Needs

  1. #1
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    http://opencarry.mywowbb.com/forum61/8051.html

    a post here were some states allow carrying in restaurants serving alcohol. New Mexico needs to pass a bill about this!! I would like to be able to carry to places that I am going to dinner at. Many of the good places I have to leave my gun locked up in the car!

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    Like what happened to Suzanna Gratia Hupp at the Lubys in Killeen, TX, on October 16, 1991.



    -- John D.

    (formerly of Colorado Springs, CO)

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    We need a 51% rule like Texas or a bar rule like Florida has. I have traveled to both states in the last year. It is a real load off your mind when you dont have to worry about violating some alcohol statue. The 51% rule states any business that makes more than 51% of revene from food sales vs alcohol sales is legal to carry into that serves for on site consumption. Concealed carry only. Florida statue states not to enter the bar area of a restaurant. Concealed carry only. It is a real hassle here in NM the way the statue is now. If you want to go to some place nice for dinner you have to leave your gun in your car for someone to possibly steal. Fast food places get old real fast. It took a great amount of work just to get the law changed to carry into places that sell for off site consumption, concealed. I dont know if we will get a law for carry into restaurants here. New Mexico is has a real alcohol problem and law makers are real paranoid when it comes to guns and alcohol. New Mexico has a lot of Democrats that wont change their way of thinking when it comes to gun laws. At least we dont live in Illinois, you cant even leave your house with your gun loaded there!

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    To be fair, we have a Democrat as a governor who not only signed the CCW bill, but got a license and carries himself!
    -Space

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    SickTag wrote:
    http://opencarry.mywowbb.com/forum61/8051.html

    a post here were some states allow carrying in restaurants serving alcohol. New Mexico needs to pass a bill about this!! I would like to be able to carry to places that I am going to dinner at. Many of the good places I have to leave my gun locked up in the car!
    Here in Utah we can CCW or OC in ANY bar/club/restaurant that sells alcohol, doesn't matter how much or little alcohol the establishment sells.

    I guess they trust us here in Utah:quirky.

    Hope they will change before I come down this Oct for the Ballon Festival:celebrate.



    TJ

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    There is no alcohol sold at the Ballon Fiesta Park, at least not as of the last one. You should not have any problem there. I have never seen anyone OC at the park though. I have concealed carried at several Balloon Fiestas with no problem. I have lived in Albuquerque for 13 years and have only seen one person OC ever. LE excluded. I always carry so I would notice if someone is OCing. You would think for a South western open carry state you would see it allot more.

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    NMGlock26 wrote:
    There is no alcohol sold at the Ballon Fiesta Park, at least not as of the last one. You should not have any problem there. I have never seen anyone OC at the park though. I have concealed carried at several Balloon Fiestas with no problem. I have lived in Albuquerque for 13 years and have only seen one person OC ever. LE excluded. I always carry so I would notice if someone is OCing. You would think for a South western open carry state you would see it allot more.
    Let's meet when I get down there.



    TJ

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    WRONG!
    Alcohol is prevalent at fiesta park, but it is limited to beer gardens and corporate tents. I am working with the regulation and licensing division now to clarify the liquor laws though, and as of now i do believe it is possible to carry there. I will post specifics once the process is complete.
    \
    =-Space

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    Thanks Space.

    Would like to know BEFORE I get down to the Ballon Festival.

    TJ

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    I have written to all of our elected officials concerning this matter, but I do not feel confident that it will change. I see a Republican from Louisiana has put forth a bill that would require any state that issues CC licenses to recognize the CC license from any other state, much like your drivers license, we need to encourage our elected officials to support this.

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    SpaceCase wrote:
    WRONG!
    Alcohol is prevalent at fiesta park, but it is limited to beer gardens and corporate tents. I am working with the regulation and licensing division now to clarify the liquor laws though, and as of now i do believe it is possible to carry there. I will post specifics once the process is complete.

    =-Space


    This is true. They do serve int he beer gardens. The beer garden, however, is controlled access. You must provide ID and must consume your drink inside the beer garden.

    Not a lawyer but I see a distinction in where the liquor is being served. The fence and limited entry point.

    Have never been down to the corporate tents area. Would have to see who the license is issued to.

    I guess the real question is does the balloon fiesta have the license or do the corporate sponsors hold the license?

    I would think if it's the sponsors, the licensed area is limited to their tent and doesn't extend out onto the balloon field or concession row area.



  12. #12
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    SickTag wrote:
    New Mexico needs to pass a bill about this!! I would like to be able to carry to places that I am going to dinner at. Many of the good places I have to leave my gun locked up in the car!
    Guess I'm a little late here, but I agree. We need to be allowed to carry the same places CC is allowed. I really hate leaving in the truck!!

    What should we do? Who do we contact?

    The CCrs got it done, why not us?

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    I had heard that there is / was a movement to fix this part of the New Mexico CCW law. So long as the carrier isn't consuming alcohol it shouldn't be a problem with concealed carry in a restaurant that serves alcohol (Applebees, Chillis, etc).

    There's also a movement to nationalize the CCW licenses so that the rules are coherent - like drivers licenses. So the rules don't vary from state to state.

    There are pros / cons to both scenarios... New Mexico has excellent gun laws or absence of them right now - that will eventually change...



  14. #14
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    I am a law enforcement certified firearms instructor for the state of New Mexico, a certified concealed carry instructor (#37)and a police officer. I have worked many hours enforcing the alcohol laws in New Mexico and I am very familiar with the laws.

    Since the ballon festival serves alcohol in the beer gardens, it would be a 4th degree felony to carry a firearm of any kind, open or concealed, loaded or unloaded, into the beer garden area. Outside the area, you must abide by the wishes of the management of the festival. If they post NO FIREARMS, you must abide by it, or possibly lose your concealed carry permit. If you refuse to abide by their wishes you can be charged with a petty misdemeanor criminal trespass and have your handgun confiscated as evidence.

    I have worked with a concealed carry instructor from Clovis this past year (2007) and we were successful in getting a revision passed in the 2007 legislature to NMSA 30-7-3, "Unlawful carrying of a firearm in licensed liquor establishments."

    The change, effective July 1, 2007,(NMSA 30-7-3 para. A, subpara. 4) allows this exception to the prohibition: " by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [29-19-1 NMSA 1978]; provided that the licensed establishment does not sell alcoholic peverages for consumption on the premises."

    This change to the statute 30-7-3, allows ONLY a peson with a concealed carry permit to go into businesses such as: Wal-Mart, Walgreens, Circle K, etc. with a concealed handgun. Open carry into any establishment that sells alcohol is still a 4th degree felony.

    So, if you do not have a concealed carry permit, DO NOT carry a firearm into any establishment that sells alcohol. YOU WILL BE ARRESTED AND WILL PROBABLY BE CONVICTED AND NEVER BE ALLOWED TO OWN A FIREARM AGAIN!

    We are working on changing the law to allow concealed carry into a restuarant, but we have had 8 arrests in New Mexico for concealed carry permit holders going into restaurants that serve alcohol and they were arrested while drinking at their table. That makes it nearly impossible to convince any of our legislatures to allow carry into a restaurant with alcohol. (A close officer friend of mine, here in Las Cruces, arrested two of those permit holders. Both stated they had not been informed of this by their CCW instructors.)(So be very careful who you select for your CCW instructor.)

    If you have any changes you would like to see changed pertaining to concealed carry, you may contact me at: gpshrader@aol.com

    Thanks.

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