IanB
Regular Member
imported post
gpshrader,
Welcome to OCDO, and thank you for the cite.
gpshrader,
Welcome to OCDO, and thank you for the cite.
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Felony arrest in Albuquerque for Open Carry in Giant gas station
- Thread starter snoball
- Start date
imported post
Thanks for the clarification...
Can you tell me if there's any current effort to refine the CCW law in New Mexico further - to allow concealed carry within restaurants and other areas where food and beer / wine is served? I wouldn't expect it in bars where only liquor is served, but it seems reasonable in restaurants & family type settings.
I know Georgia has adopted this type of an amendment, and was told that New Mexico had one under consideration.
Jon
Thanks for the clarification...
Can you tell me if there's any current effort to refine the CCW law in New Mexico further - to allow concealed carry within restaurants and other areas where food and beer / wine is served? I wouldn't expect it in bars where only liquor is served, but it seems reasonable in restaurants & family type settings.
I know Georgia has adopted this type of an amendment, and was told that New Mexico had one under consideration.
Jon
imported post
We are working on some changes on the concealed carry law and one thing we are considering is the change to allow carry in restaurants that serve alcohol at the tables.
But we can't consider it until we see some changes in our legislators. Several of them a vehemently opposed to concealed carry and they have let us know they will not let that change out of their committees.
Another setback is: 8 pemit holders have lost their permits because of crimes and two of them were arrested here in Las Cruces, by one of my close buddies that is a Las Cruces police officer. Both individuals were in restaurants drinking when this officer came in and spotted their handgun under their shirts.
One young man was at the bar drinking and was intoxicated with a M1911 in a small-of-the-back holster. When the officer asked him if that was a handgun under his shirt the young man was very indignant and boasted he had a permit to carry and reached for the gun. The officer knocked him to the floor, off the bar stool, and cuffed him. During the pat-down, the officer found a small pack of cocaine in the young man's pocket. The officer took the young man to jail, confiscated his M1911 and his permit. The young man was charged with 4 crimes, 3 were felonies.
The other, a middle aged man was in a restaurant here in Cruces having a meal with his family and the same officer spotted a gun on the guy. The officer asked the man if he had a gun and he stated he did and had a permit. When the officer tried to tell him he could not be in the restaurant with a gun, the man got arrogant and ended up getting arrested and charged with a 4th degree felony.
Both of these men told the officer they had never been advised they would commit a felony by carrying in a restaurant that serves alcohol. The officer asked who their instructor was, wondering if it was me, but it was not. I had not trained either of these men.
Let me know what changes you would like to see and we will certainly attempt it, but some of our legislators are very anti-gun.
George Shrader, Instructor #37
We are working on some changes on the concealed carry law and one thing we are considering is the change to allow carry in restaurants that serve alcohol at the tables.
But we can't consider it until we see some changes in our legislators. Several of them a vehemently opposed to concealed carry and they have let us know they will not let that change out of their committees.
Another setback is: 8 pemit holders have lost their permits because of crimes and two of them were arrested here in Las Cruces, by one of my close buddies that is a Las Cruces police officer. Both individuals were in restaurants drinking when this officer came in and spotted their handgun under their shirts.
One young man was at the bar drinking and was intoxicated with a M1911 in a small-of-the-back holster. When the officer asked him if that was a handgun under his shirt the young man was very indignant and boasted he had a permit to carry and reached for the gun. The officer knocked him to the floor, off the bar stool, and cuffed him. During the pat-down, the officer found a small pack of cocaine in the young man's pocket. The officer took the young man to jail, confiscated his M1911 and his permit. The young man was charged with 4 crimes, 3 were felonies.
The other, a middle aged man was in a restaurant here in Cruces having a meal with his family and the same officer spotted a gun on the guy. The officer asked the man if he had a gun and he stated he did and had a permit. When the officer tried to tell him he could not be in the restaurant with a gun, the man got arrogant and ended up getting arrested and charged with a 4th degree felony.
Both of these men told the officer they had never been advised they would commit a felony by carrying in a restaurant that serves alcohol. The officer asked who their instructor was, wondering if it was me, but it was not. I had not trained either of these men.
Let me know what changes you would like to see and we will certainly attempt it, but some of our legislators are very anti-gun.
George Shrader, Instructor #37
DocNTexas
Regular Member
imported post
Such incidents do occur but are very rare. At the same time, the permit is not the cause, it was merely the instrument such individuals use to try and cover their illegal deed. The firstguy would havehis gun no matter if he had the permit or not.He has already chosen to do illegal things so why worry about a permit. That is like saying if we stop issuing drivers licenses it would end the use of cars to transport drugs. The other guy was just a idiot. The on scene officer is not the person to argue with. Even if you choose to debate the issue, comply first then debate the fact. Still, it is not the permit or the right that is to blame.
I realizethe legislators are the ones we have to convince, but a few cases here and there of bad apples in the orchard is insignificant and the people need to know that their elected officials are using their committees to promote their own belief rather than that of the people they represent. Let the legislators know that their every move will be watched and made public knowledge.
Doc
Such incidents do occur but are very rare. At the same time, the permit is not the cause, it was merely the instrument such individuals use to try and cover their illegal deed. The firstguy would havehis gun no matter if he had the permit or not.He has already chosen to do illegal things so why worry about a permit. That is like saying if we stop issuing drivers licenses it would end the use of cars to transport drugs. The other guy was just a idiot. The on scene officer is not the person to argue with. Even if you choose to debate the issue, comply first then debate the fact. Still, it is not the permit or the right that is to blame.
I realizethe legislators are the ones we have to convince, but a few cases here and there of bad apples in the orchard is insignificant and the people need to know that their elected officials are using their committees to promote their own belief rather than that of the people they represent. Let the legislators know that their every move will be watched and made public knowledge.
Doc
Sonora Rebel
Regular Member
imported post
Anybody with a CCW... or similar, KNOWS you can't/don't do that. VA is one exception... but it's OC only. There may be others... but in the SW... uh, uh.
Anybody with a CCW... or similar, KNOWS you can't/don't do that. VA is one exception... but it's OC only. There may be others... but in the SW... uh, uh.
JUMPMASTER
Regular Member
imported post
The way I read the statute was that it is written to not allow the carrying of a open weapon in an establishment that dispenses liquor to consume on premises. Does the gas station have a bar? Can you drink there? I highly doubt if this law pertains to a place which only sells packaged beer such as a gas station or grocery store.
The way I read the statute was that it is written to not allow the carrying of a open weapon in an establishment that dispenses liquor to consume on premises. Does the gas station have a bar? Can you drink there? I highly doubt if this law pertains to a place which only sells packaged beer such as a gas station or grocery store.
imported post
Yes this law only allows the CONCEALED carry of a firearm by a permit holder and only in an establishment that is licensed for package sales ONLY. Open carry of a firearm in any licensed establishment has been a felony for a long, long time. Please see gpshrader's post on page 2 for the exact language. There is no ambiguity.
-Space
JUMPMASTER wrote:
Yes this law only allows the CONCEALED carry of a firearm by a permit holder and only in an establishment that is licensed for package sales ONLY. Open carry of a firearm in any licensed establishment has been a felony for a long, long time. Please see gpshrader's post on page 2 for the exact language. There is no ambiguity.
-Space
JUMPMASTER wrote:
imported post
Read the statute again I sent to the blog. It is very clear that NO FIREARM is allowed in ANY establishment that sells (dispenses) alcohol. There are a few exceptions to that prohibition, which I listed in the statute. One exception is a person with a concealed carry permit may enter the establishment with a concealed handgun, IF he/she has his permit on his person and the handgun is listed on the back of his/her permit, AND PROVIDED THE ESTABLISHMENT DOES NOT SELL FOR CONSUMPTION ON THE PREMISES.
Read the statute again. I wrote it directly out of the New Mexico Criminal and Traffic Law Manual - the same manual a police officer uses to write a citation, a prosecutor uses to prosecute your case and the judge has on his podium in the courtroom.
By the way: this manual is available to any law enforcement official or person that wishes to purchase it. The cost this year was $42.95 including shipping and a CD that goes with the manual. If you are interested in purchasing one, e-mail me and I will give you the address of the company that prints the manual. It's well worth the price.
Read the statute again I sent to the blog. It is very clear that NO FIREARM is allowed in ANY establishment that sells (dispenses) alcohol. There are a few exceptions to that prohibition, which I listed in the statute. One exception is a person with a concealed carry permit may enter the establishment with a concealed handgun, IF he/she has his permit on his person and the handgun is listed on the back of his/her permit, AND PROVIDED THE ESTABLISHMENT DOES NOT SELL FOR CONSUMPTION ON THE PREMISES.
Read the statute again. I wrote it directly out of the New Mexico Criminal and Traffic Law Manual - the same manual a police officer uses to write a citation, a prosecutor uses to prosecute your case and the judge has on his podium in the courtroom.
By the way: this manual is available to any law enforcement official or person that wishes to purchase it. The cost this year was $42.95 including shipping and a CD that goes with the manual. If you are interested in purchasing one, e-mail me and I will give you the address of the company that prints the manual. It's well worth the price.
JUMPMASTER
Regular Member
imported post
Wow. I can't believe that a Western state has so much restrictions. Here in Connecticut if you hold a permit to carry pistols and revolvers you can carry almost anywhere you want. Heck we can even go in a bar carrying a weapon either open or concealed.
Wow. I can't believe that a Western state has so much restrictions. Here in Connecticut if you hold a permit to carry pistols and revolvers you can carry almost anywhere you want. Heck we can even go in a bar carrying a weapon either open or concealed.
Jared
Regular Member
imported post
Sounds like this law needs to be challenged, according to Heller, schools and government buildings may be off limits to firearms. A restaurant or a bar does not sound like it meets this criteria.
I think the only good thing to come out of New Mexico was Gary Johnson (not even born there).
Sounds like this law needs to be challenged, according to Heller, schools and government buildings may be off limits to firearms. A restaurant or a bar does not sound like it meets this criteria.
I think the only good thing to come out of New Mexico was Gary Johnson (not even born there).
colorado slick
Regular Member
imported post
Autonomous wrote:
Autonomous wrote:
Anubis
Newbie
imported post
gpshrader wrote:
gpshrader wrote:
I applaud you and the state of New Mexico for adding paragraph 4. My CO permit is accepted in your state, but it does not list types of handgun. Would I be legal in entering (while carrying a concealed pistol)a convenience store in NM selling beer for consumption elsewhere anyway?
imported post
Thanks for your compliments. As for your question: As long as we have reciprocity with your state (Colorado), we will recognize your permit, regardless of what calibers or catagories are listed, or not listed on your permit. There is no limit in the reciprocity agreement clause.
Now, when you travel in New Mexico, you must abide by the state's laws. NO FIREARMS in an establishment that sells alcohol - unless you have your permit with you and you are carrying concealed AND the establishment does not sell for consumption on the premises.
New mexico has very few firearms laws, however, there are several federal statutes you must abide by, such as no firearms in courts, federal buildings, schools and etc.
When you come here enjoy the freedoms we have in this great state.
Thanks for your compliments. As for your question: As long as we have reciprocity with your state (Colorado), we will recognize your permit, regardless of what calibers or catagories are listed, or not listed on your permit. There is no limit in the reciprocity agreement clause.
Now, when you travel in New Mexico, you must abide by the state's laws. NO FIREARMS in an establishment that sells alcohol - unless you have your permit with you and you are carrying concealed AND the establishment does not sell for consumption on the premises.
New mexico has very few firearms laws, however, there are several federal statutes you must abide by, such as no firearms in courts, federal buildings, schools and etc.
When you come here enjoy the freedoms we have in this great state.
rodbender
Regular Member
imported post
SpaceCase wrote:
SpaceCase wrote:
Man, that sucks.
nking
Lone Star Veteran
imported post
so can i OC in your state as well? like if i walk into a Walmart or mall
so can i OC in your state as well? like if i walk into a Walmart or mall
imported post
To answer your questions: You can open carry in New Mexico, however there are places that prohibit all firearms. You shall not carry into Walmart openly, because Walmart is licensed by the Alcohol Control Board to dispense (sell) alcohol for consumption off the premises. If you have a permit, you may carry concealed into Walmart but you must abide by all the provisions of the New Mexico law, which I have quoted to other's questions above.
You have to abide by the wishes of the property owner. If they post "NO Firearms Allowed" you have to abide by the signage, or you can be charged with criminal trespass.
In my opinion, if you have a concealed carry permit, why wouldyou wish to carry openly? You lose the element of surprise should you have to defend yourself. To carry openly just to show off your pretty handgun can cause you problems, if you do not know all the laws. That is why I encourge all gun owners to get a concealed carry permit so you will have the opportunity to learn New Mexico's gun laws. Open carry can be foolish in some instances and can get you thrown out of some businesses.
Know the laws before you carry.
To answer your questions: You can open carry in New Mexico, however there are places that prohibit all firearms. You shall not carry into Walmart openly, because Walmart is licensed by the Alcohol Control Board to dispense (sell) alcohol for consumption off the premises. If you have a permit, you may carry concealed into Walmart but you must abide by all the provisions of the New Mexico law, which I have quoted to other's questions above.
You have to abide by the wishes of the property owner. If they post "NO Firearms Allowed" you have to abide by the signage, or you can be charged with criminal trespass.
In my opinion, if you have a concealed carry permit, why wouldyou wish to carry openly? You lose the element of surprise should you have to defend yourself. To carry openly just to show off your pretty handgun can cause you problems, if you do not know all the laws. That is why I encourge all gun owners to get a concealed carry permit so you will have the opportunity to learn New Mexico's gun laws. Open carry can be foolish in some instances and can get you thrown out of some businesses.
Know the laws before you carry.