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Thread: Carry on Private Property

  1. #1
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    First introduction:
    I am new to the group. I have been lurking but this is my first post. I am a pistol instructor, NRA Member, and have a NM CCW. My primary handgun is a Glock 23. ExUSAF.

    My question:
    In NM a property owner may disallow carry on their property. I understand that this can potentially lead to trespass.

    Does an owner/agent have to ask you to leave if you are discovered carrying?

    I am confused about the consequences of not abiding by to an owner’s wishes, intentional or not. I am sure ignoring a verbal command to leave is trespass, but what about ignoring or ignorance of a sign? When does carrying on private property become a criminal or civil issue?

    Is it a civil, misdemeanor or a felony?

    I appreciate any comments and discussion.




  2. #2
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    First of all, the statutes consider this a petty misdemeanor. The wording is as follows:

    NMSA 1978 Section 30-7-4

    E. Carrying prohibited on private property.
    In addition to other limitations stated in the act, a licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.

    As far as the owner having to ask you to leave, that is up to the owner. They can call the Police and have you arrested. They can just ask you to leave. Or, they may just ignore it. Hopefully nobody would know you are carrying concealed in their private business. I do carry concealed sometimes (never in an alcohol establishment- that is a felony) in malls and theatres where it is posted, but the chances of someone knowing I am carrying are very slim. However, if you are asked by the owner to abide, you had better do it unless you want to be arrested. The law is on their side. You can ignore the sign, but once confronted, I hope they just ask you to leave and you should.

  3. #3
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    Yes, I agree, carrying in a liquor serving business is a felony. I will not commit a felony. It is normally easy to identify an establishment that serves.


    My concern is carrying on private property. NM does not specify how an owner “signs” their property. I can imagine finding myself in a situation where I missed some rule in small print saying” No Guns.” A petty misdemeanor would not in itself ruin my life. I expect I would be able to defend myself against some prosecution, but would rather not commit an offence, nor would I like to loose my CCW. .

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    It is hard to find, but the NM law about an owner posting a sign for no firearms comes under the NO TRESPASSING laws. Here it is. They have to post a sign at least 144 sq. in. and say that guns are prohibited.

    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 regualtion [regulation] is guilty of a petty misdemeanor.




    Hope this helps.

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    I think in this instance you need to look past the law to find the right answer. Regardless of the legal consequences you should respect the wishes of private property owners as much as you wish them to respect yours.

    I also beg you not to patronize any private establishment that prohibits your right to self-defense. I was extremely shocked once here in albuquerque when an owner/proprietor of a tactical gear store asked me to leave after noticing my side arm. The place was/is located at the north west corner of Montgomery and San Pedro and I just wont go back.

    Vote with your dollar

  6. #6
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    jasonsguns.com wrote:
    I think in this instance you need to look past the law to find the right answer. Regardless of the legal consequences you should respect the wishes of private property owners as much as you wish them to respect yours.

    I also beg you not to patronize any private establishment that prohibits your right to self-defense. I was extremely shocked once here in albuquerque when an owner/proprietor of a tactical gear store asked me to leave after noticing my side arm. The place was/is located at the north west corner of Montgomery and San Pedro and I just wont go back.

    Vote with your dollar
    I think, hope, most permit holders are respectful of other’s property and rights. We all benefit when everyone is. I know that I am not interested in “getting around the law or an owner’s rights.”

    My concern when I started this topic is how difficult it is to discern an owner’s wishes. NM has not chosen to establish a specific “NO GUNS” sign. Snoball posted the signage for no trespass. S/He is correct. That is the best information we can find. I just wish the legislature would have specified a sign like some other states have.

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    Oh My Bad.
    That makes sense. Can we still agree to boycott these establishments after they post the signs?

  8. #8
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    jasonsguns.com wrote:
    Oh My Bad.
    That makes sense. Can we still agree to boycott these establishments after they post the signs?
    Yes we can agree. If someone does not want me on their property after I have had a background check, I must assume they do not want my business

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