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Thread: I need to know open-carry handgun law in New Mexico

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    Hello.......... I need information from someone on the open carry handgun laws in New Mexico, having just moved here.

    My undersanding is that I can not purchase a NEW handgun from a dealer without a background FBI check, but that I CAN carry a handgun on my hip in the desert if I am hiking, IF I ALREADY OWN THE GUN. To clarify, in the state of New Mexico, I DO NOT need a permit to carry a gun on my hip when I am hiking in the desert to protect myself and my dog from rattlers. Also, if you could tell me where to find that information so I can copy it and carry with me, I would sure appreciate it. I read the New Mexico hand gun laws, but it deals mainly with concealed handguns, and doesn't directly deal with open carry, as far as I could read it...................

    Thanks so much to whoever can help me.

    John Williams in Las Cruces, New Mexico

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    If there isn't a law that makes it illegal, then by default it IS LEGAL.

    Laws exist to prohibit certain actions. They do not exist to "allow" anything.



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    Not sure what you are getting at with the Background check question. You do not need one to OC but you must be legally eligible to possess a firearm.

    Open Carry info is available right on this website.

    http://www.opencarry.org/opencarry.html

    http://www.opencarry.org/nm.html


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    VAopencarry wrote:
    ...you must be legally eligible to possess a firearm.
    This is the key point. If the FBI check is going to keep you from buying a firearm then there is a good chance you can't legally carry in New Mexico anyway, no matter what you are doing.

    I would check the New Mexico forum as previously linked and just ask the question there. The people on that forum are going to be MUCH more familiar with the relevant laws than the general OC.org public.



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    John
    In the state of new mexico if your not legally able to buy you can not carry no if ands or butts. that being said new mexico has an open carry law where you CAN CARRY ANYWHERE it doesnt have to be just in the desert if you havnt noticed thats the whole state. but no you can carry anywhere without a CCW its your legal right in new mexico

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    Quote Originally Posted by inichols1 View Post
    John
    In the state of new mexico if your not legally able to buy you can not carry no if ands or butts. that being said new mexico has an open carry law where you CAN CARRY ANYWHERE it doesnt have to be just in the desert if you havnt noticed thats the whole state. but no you can carry anywhere without a CCW its your legal right in new mexico
    True as far as it goes, but will land you in legal problems. Signs prohibiting have weight of law. No carry of any kind in a bar or location where anything stronger than beer or wine is sold for consumption on premises. Must be concealed anywhere beer or wine is sold... Means places like Walmart, target, or gas stations that sell alcohol. To legally conceal you must have a permit that NM recognizes. Must be at least 19 years old to carry. And if concealing only allowed to conceal one firearm.
    Last edited by JoeSparky; 05-16-2012 at 07:00 AM.
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    NM Open Carry

    Quote Originally Posted by johnnybob View Post
    Hello.......... I need information from someone on the open carry handgun laws in New Mexico, having just moved here.

    My undersanding is that I can not purchase a NEW handgun from a dealer without a background FBI check, but that I CAN carry a handgun on my hip in the desert if I am hiking, IF I ALREADY OWN THE GUN. To clarify, in the state of New Mexico, I DO NOT need a permit to carry a gun on my hip when I am hiking in the desert to protect myself and my dog from rattlers. Also, if you could tell me where to find that information so I can copy it and carry with me, I would sure appreciate it. I read the New Mexico hand gun laws, but it deals mainly with concealed handguns, and doesn't directly deal with open carry, as far as I could read it...................

    Thanks so much to whoever can help me.

    John Williams in Las Cruces, New Mexico
    Open carry is allowed without a permit, except in certain places, like where alcohol is sold, or schools. If you buy a gun here, from an FFL holder, the federal law applies, with its "instant" background check. That applies to ALL guns, new or used, handgun or long-gun. NM has no state laws regarding purchase, other than the usual prohibitions against felons, etc. If you buy a gun from an individual (non-FFL holder), who is a resident of this state, the federal law does not apply (unless it's a Title II weapon). The NMSU library has a law section where you can obtain all this info.

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    Quote Originally Posted by warywolfen View Post
    Open carry is allowed without a permit, except in certain places, like where alcohol is sold, or schools. If you buy a gun here, from an FFL holder, the federal law applies, with its "instant" background check. That applies to ALL guns, new or used, handgun or long-gun. NM has no state laws regarding purchase, other than the usual prohibitions against felons, etc. If you buy a gun from an individual (non-FFL holder), who is a resident of this state, the federal law does not apply (unless it's a Title II weapon). The NMSU library has a law section where you can obtain all this info.
    Additional comment...when I moved here (1992), NM had no concealed-carry law, and I know open carry wasn't allowed where liquor was sold. A few years ago, the CCP law was enacted. And a while back, there was a bill introduced to allow CCP holders to carry in places where alcohol was sold, but not consumed. I think it passed. But I think it only applies to CCP holders, not open carry.

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    Yet another additional comment

    Quote Originally Posted by warywolfen View Post
    Additional comment...when I moved here (1992), NM had no concealed-carry law, and I know open carry wasn't allowed where liquor was sold. A few years ago, the CCP law was enacted. And a while back, there was a bill introduced to allow CCP holders to carry in places where alcohol was sold, but not consumed. I think it passed. But I think it only applies to CCP holders, not open carry.
    I almost forgot. One of the best ways of getting info regarding gun laws is to ask a gun dealer. They deal with the issue every day, and most of them are into guns as an avid hobby. And don't place too much reliability on what a police officer says. Regrettably, many of them are woefully uninformed on the subject.

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    Police are the worst resource on firearms law gun store employees are second.

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    Thumbs up

    Quote Originally Posted by kcgunfan View Post
    Police are the worst resource on firearms law gun store employees are second.
    +1

    3rd, concealed carry instructors; although I suspect a lot of their bad information might not be pure ignorance, but at least partially driven by economic considerations...

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