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Thread: Legal to Conceal Carry if...

  1. #1
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    Well aside from being your property, or vehicle, you can legally conceal carry your side arm if it is unloaded and you do not have any ammo on your person. This is great if you are tired of OCing then having to run into Wal Mart to grab soemthing and leaving your gun in the car. I usually take my clip out and leave it in the car and pull my shirt over my pistol. This saves: time (having to hide the pistol), cleaning (sometimes I have a dirty truck), holster wear, and theft (I would rather have someone steal the clip and 8 rounds then my piece). I just thought I would post this for anyone who is sometimes all around town and hates having to worry about leaving their gun in the car. Strangely enough I do not have to worry about it at my bank because they don't care if I OC there.



    (A question my wife asked me, and one for people on here: What if I am CCing my unloaded pistol, and she is carrying the loaded clips?)

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    "New Mexico" carry as it is known is carrying your firearm unloaded in one pocket, and a loaded magazine in the other. We do not have the same Orwellian definition of unloaded as Kalifornia.

    Also be careful carrying in WalMart. Most have liquor, and if you do not have a CC permit, carrying any firearm, loaded or unloaded\, is a 4th degree felony :what:

    -Space

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    As it was explained to me from my CC class the law states any loaded firearm and "loaded" was the key word and you could carry your handgun if you did not have any ammo on your person with it.

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    I'm not sure I understand which law you are refering to. If you are talking about the liquor carry law:

    "30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED
    LIQUOR ESTABLISHMENTS.--
    A. Unlawful carrying of a firearm in an
    establishment licensed to dispense alcoholic beverages
    consists of carrying a loaded or unloaded firearm on any
    premises licensed by the regulation and licensing department
    for the dispensing of alcoholic beverages

    If you are refering to the deadly weapon law:

    30-7-2. Unlawful carrying of a deadly weapon

    A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm...

    B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

    -Space





  5. #5
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    "Dispensing" alcohol means "serving " alcohol. Package sales are not Dispensing per se.

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    Cravczec wrote:
    "Dispensing" alcohol means "serving " alcohol. Package sales are not Dispensing per se.
    Not so, dispensing includes package sells.Both package sells "for off premises consumption" and by the drink sells "for on premises consumption" are both considered "dispensing"under the licensingprovision.

    Doc

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    DocNTexas wrote:
    Not so, dispensing includes package sells.Both package sells "for off premises consumption" and by the drink sells "for on premises consumption" are both considered "dispensing"under the licensingprovision.

    Doc
    Actually, Doc, the law here in New Mexico does differentiate between "dispensing" and "selling" i. e. package sales and the words do in fact describe two different concepts in the law. In fact if you arelicensed to carry concealed you may do so in an establishment that merely sells alcoholic beverages but does not do so for on site consumptionwhereas you may not open carry in either type of establishment.

  8. #8
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    Cravczec wrote:
    DocNTexas wrote:
    Not so, dispensing includes package sells.Both package sells "for off premises consumption" and by the drink sells "for on premises consumption" are both considered "dispensing"under the licensingprovision.

    Doc
    Actually, Doc, the law here in New Mexico does differentiate between "dispensing" and "selling" i. e. package sales and the words do in fact describe two different concepts in the law. In fact if you arelicensed to carry concealed you may do so in an establishment that merely sells alcoholic beverages but does not do so for on site consumptionwhereas you may not open carry in either type of establishment.

    Cravczec,

    I am well aware of all these pointsunder NM law, but this is not how it applies to the topic of this discussion.

    The original point was the legality of carrying an unloaded handgun concealed without a permit and the original poster noted that he would simply remove the mag from his weapon and conceal it to enter Wal-Mart. (Note that if the person had a permit there would be no need to unload the weapon prior to concealing it, so he was clearly referring to the carry without a permit.)

    Now, Wal-Mart sells alcohol and under NM law the unlicensed carry of an unloaded weapon in a licensed establishment is just as illegal asthe carry of a loaded weapon. (This is the point the second poster was making.) Under NM law, the term "dispense" actually covers both package sells and by the drink sells. I refer you to the New Mexico Statutes, Chapter 60-3A-3 "Definitions", in which part "H" defines the term "Dispenser":

    H. "dispenser"[/b] means a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensedpremises;

    As you can see, under NM law the term “dispensing” clearly includes both package sells and by the drink sells. While there is a differentiation between the two forms of dispensing for the purpose of application of certain segments of the law, there is no differentiation in the use of this term "dispense".Furthermore, NM law does not even use, refer to, or define the term "sell" in the alcohol act or any of the related laws. When differentiation between the two forms of dispensing are required, the law uses the terms "for on premises consumption" or "unbroken packages not for resale".

    Therefore, the use of the term “dispensing” in "30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED LIQUOR ESTABLISHMENTS clearly includes package sell establishments such as Wal-Mart.

    Doc


  9. #9
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    Whatever

  10. #10
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    Doc spelled it out to the letter of the law.

    Only Concealed Carry Weapons licence (CCW) holders can legally carry in package stores like Wal-Mart, etc... (and if you have a CCL then conceal the gun already.)

    Open carry / concealed carry of an unloaded weapon in such and area without a CCW is a 4th degree felony. Period.

    CCW holders cannot carry in liquor establishments that serve alcohol for on site consumption - this included restaurants and bars. By default, those without a CCW are also guilty of a felony.

    I don't see any gray area here...


  11. #11
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    I worship the very ground you walk on oh knowledgable one. I love you Doc I really really do, however you are.

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    Dude, what are you like, 12?

    Cravczec wrote:
    I worship the very ground you walk on oh knowledgable one. I love you Doc I really really do, however you are.

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    Cravczec wrote:
    I worship the very ground you walk on oh knowledgable one. I love you Doc I really really do, however you are.
    Cravczec,

    Nothing in my posts were intended to offend you, merely to point out the error in the information you had posted. This site is an information sharing and topic discussion site and we all learn and gainby participating. No one faulted your post and I am sure you felt the information you posted was valid, however, had you acted on that information or had someone else acted on the information you posted, they may have ended up with a felony charge (like the guy in the the otherthread who carried openly in Wal-Mart and was arrested). I merely pointed out the actual law as it applied to thediscussion in this thread and did not intend it as a insult to you or anyone else.

    I welcome your input and discussion as long as it is constructive and well intended, but you need to be willing to hear other views, as well. Trust me, there are a lot of knowledgeable people on this site and you can learn a lot. While I have an extensive background in many areas of discussion here, I still find new information every time I visit the site, whether in the Texas page, NM page or one of the other state pages.

    Again, I did not mean to offend you and I welcome your participation, as long as you are here to add to the positive nature of the forum. My only advice is to keep an open mind, evaluateother opinions and information on their merits and don't be offended if someone has information contrary to your own opinion. It is better to learn than to be offended.

    Doc

  14. #14
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    You can not be too carefull when it comes to 30-7-3. If you are found guilty of violating this statue it is a mandatory 1 year in prison period. Itcan not be reduced or plea barginedto a lesser charge.That is harsh .One year is a long time, not to mention your life will be ruined forever.The information Doc provided is 100% correct.If one has any question in their mind if an establishment or place is off limits I would error on the side of caution. Stay safe

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