Open Carry, Rifles and Shotguns

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I know I brought this subject up before about carrying a shotgun in my now old apartment complex to and from my truck. I was wondering what other people thought the extent of being able to open carry "firearms" was limited to. I asked the guy at the local gunshop about carrying a shotgun to and from my car just recently and he said that you can legally carry your shotgun loaded or unloaded in public. Now I have moved to a house, and I have cleaned my guns on the front porch a few times and I have gone out shooting about twice a week for the last month. I know for a fact that I have, at first, made the neighbors a little nervous, but not so much anymore. But, the other day a guy from the military base was saying that it was blowing his mind that he could walk down the street with his M4, locked and loaded legally. It is true that the law is stated as to having "firearms" not "sidearms." But would you get sited for carrying something like a 12 ga or an AR in public? I have carried my shotgun around with me to a few places, nothign "threating" by how I was carrying it and never yet had a problem. I have even heard some base guys talk about riding their ten speeds with an assualt rifle across their back (a bicycle is considered a vehicle in NM so laws are the same as if you were in a car) but never have been bothered by the police.

I guess my question is, can the police arrest you, or site you anyway for carrying a long gun in public? I am not willing to find out, of course, I was nervous enough going to the sheriffs office looking for gunlocks (which they have been out for a while and I have kids now) and having a small armorment of weapons sticking up in the cab of my truck. lol!




(*NOTE: It doesn't matter if you really broke the law or not, it's convincing an officer you did or did not. LOL!)

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no offense, but you're asking for TROUBLE and are a moron if you OC a long gun.

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mserr wrote:

no offense, but you're asking for TROUBLE and are a moron if you OC a long gun.

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Wow, way to support your fellow gun owners.

Do you always resort to personal attacks when someone asks a legitamate question?

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mserr wrote:

no offense, but you're asking for TROUBLE and are a moron if you OC a long gun.

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It might better suit your responseif you provided details and facts about your argumentas opposed to verbal assaults and emotional fulmination.

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mserr wrote:

no offense, but you're asking for TROUBLE and are a moron if you OC a long gun.

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No offense, or take offense, whatever you please, but that is kind of a fascist attitude. If you can legally do something but do not due to fear of a police force's restrainment of your constitutional rights, then you might not want to carry ANY kind of firearm and hide in your house all day and never go anywhere.

I have yet to find out or anyone who is willing to find out thus far, a side from the local gunstore owner. It is illegal to brandish your fire arm, but the definition of that is: "To wave or flourish (a weapon, for example) menacingly." By law you can carry a firearm and it is only defined at a firearm. Though the question I had at the time pertained to a shotgun slung across the back, I am now curious about carrying ANY long gun. I might just go use one of those "free consults" at one of the attorney of law to see what they have to say about it.

If anyone has any information on this please let me know. I know I have ridden around town with my AK 47 sticking up between the seats of my truck and my hand on the hand guard while my wife was driving and we passed several cops this way; state police, sheriff, and local DPS and never got more then a glance. Mostly they did not even seem surprised or interested.

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No offense, but you're asking for TROUBLE and are a moron if you try to tell people they are wrong for doing something Prefectly Legal. Long gun, short gun, medium gun; in the eyes of the law it's still a gun.

I doubt if there is a citation of the State code to back you up.

mserr wrote:

no offense, but you're asking for TROUBLE and are a moron if you OC a long gun.

Click to expand...

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SickTag wrote:

    I know I brought this subject up before about carrying a shotgun in my now old apartment complex to and from my truck.  I was wondering what other people thought the extent of being able to open carry "firearms" was limited to.   I asked the guy at the local gunshop about carrying a shotgun to and from my car just recently and he said that you can legally carry your shotgun loaded or unloaded in public.  Now I have moved to a house, and I have cleaned my guns on the front porch a few times and I have gone out shooting about twice a week for the last month.  I know for a fact that I have, at first, made the neighbors a little nervous, but not so much anymore.  But, the other day a guy from the military base was saying that it was blowing his mind that he could walk down the street with his M4, locked and loaded legally.  It is true that the law is stated as to having "firearms"  not "sidearms."  But would you get sited for carrying something like a 12 ga or an AR in public?  I have carried my shotgun around with me to a few places, nothign "threating" by how I was carrying it and never yet had a problem.  I have even heard some base guys talk about riding their ten speeds with an assualt rifle across their back (a bicycle is considered a vehicle in NM so laws are the same as if you were in a car)[b/] but never have been bothered by the police. 

I guess my question is, can the police arrest you, or site you anyway for carrying a long gun in public?  I am not willing to find out, of course, I was nervous enough going to the sheriffs office looking for gunlocks (which they have been out for a while and I have kids now) and having a small armorment of weapons sticking up in the cab of my truck.  lol!




(*NOTE:  It doesn't matter if you really broke the law or not, it's convincing an officer you did or did not.  LOL!)

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OK so I want to know if you have found out anymore about open carry of long guns.
I also would like to know if you have any more info on the bicycle thing. I commute by bicycle right now and you got me wondering....
-A

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Constitution of the State of New Mexico

Sec. 6. No law shall abridge the right of the citizen to keep andbear arms for security and defense, for lawful hunting andrecreational use and for other lawful purposes, but nothingherein shall be held to permit the carrying of concealed weapons.

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As you can see in the section above, if you wanted to you could carry a long gun or shotgun in New Mexico.

I would only carry it in my auto or in the wilderness simply because of the "terrorist threat" that everyone is inclined to percieve (JMHO), besides, they tend to be a little bulky in the sit down position :lol:.

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I am a CCW instructor for New Mexico and a police officer andlaw enforcement firearms instructor and I can state: according to NMSA 30-7-3 "Unlawful carrying of a deadly weapon," itis not unlawful to openly carry a firearm, loaded or unloaded, in public. However, there are some exceptions, such as: in a public elementray, secondary or high school or any of it's activities; into a court house; into an establishment licensed to sell alcohol; in an airport secure area and etc.

Do not fall into the trap of quoting the state's constitution as there are several statutes that prohibit firearms under certain conditions. These statutes aretreated as "supplements" to our constitution.

In New Mexico you may, without a permit, carry a loaded firearm on your private, rented, or leased property. You may carry "in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;"

Or; "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].

So, be leary of "jailhouse lawyers" quotations of the law. And, if you are prohibited from owning a firearm, such as a convicted felon, do not carry any firearm anywhere!

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To the officer, if I carry a loaded Glock in my glove box or other place in my vehicle, and I get pulled over for speeding or any other reason, when do I need to disclose this or do I need to? I am not a CCP holder.

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Correct me if I'm wrong gp, but I'm sure there is no requirement to inform the officer.

That said, I always inform as soon as possible. Before I carried concealed, I kept my Glock in with my registration (only place that would lock), and if pulled over I would NOT want the gun to come out with my insurance! Now that I carry concealed, if pulled over I would hand my license and ccw permit to the officer at the same time.

-Space

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Here's the reply I got from Shrader:

For your concealed carry in your auto question: As a police officer (and my officer friends agree), I prefer a person to just answer my questions. If I want to know about anything else, such as your weapons, I will ask you. In other words, only answer the questions. The officer will know if your have a concealed carry permit when he runs the background check on you. While he is writing your citation the dispatcher will run you in the computer and it will come up on the dispatcher's monitor that you have a permit and he/she will advise the officer that you have a concealed carry permit. If you do or do not have a permit, every officer assumes there is a gun in every car we stop and we will use caution, forour safety. That is the way you survive being a police officer. Just a word of wisdom: Do not carry your gun in the glove box. That is where almost everyone stores their auto registration papers and their proof of insurance papers. When you open the glove box, the officer is watching your hands and your glove box. If he sees a Glock, or any weapon in the glove box and your hand goes into the box to retrieve your papers, you will find yourself looking down the barrel of his gun. You are a total stranger to him. Doesn't that make sense? Otherwise, you could draw out the pistol and shoot him before he could draw his weapon. The moral of the story: Keep the gun in a totally different place from your papers. You are legal in carrying a loaded handgun in your car, for your protection, in New Mexico, but never carry a loaded rifle or shotgun in your car, it is too dangerous for you, your family and your friends. Even police never carry a round in the chamber of a long-gun. It's a good way to shoot yourself as you exit the vehicle.

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I've got some extra gun locks if you still need them.