Results 1 to 23 of 23

Thread: New to NM and verification of Open Carry Laws

  1. #1
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    Hi all:

    I just moved here from KS and didn't have any idea about the crime here. I live on the NW side in a really nice complex right near Corrales. Well the last thing I expected on a Sunday afternoon in broad daylight was a "carjacking"! This happened to a guy in the next building. He was in his Honda, getting ready to leave and this dude shot two rounds in the air, made him get out of his car and took off with it. He must have been wacked to do this instead of just hot wiring the thing late at night. APD was out here in minutes so I know they'll find the guys car, but probably in pieces since Hondas are one of the most stolen cars because of parts.

    Anyway, I've looked at the map on the "open carry site", and it's says New Mexico is a "Gold Star State". I just wanted to make sure I have this right. So you don't need a permit to carry any handgun unless you want to carry a concealed weapon? Also, is it the same with shotguns? Sorry if this has already been posted somewhere but I didn't find it in the FAQs. Also, do you have to have a safety class? I spent 7 years in the Army so I'm hoping if that's the case, that I could just show my DD214.

    I've lived in 10 states and I'm shocked that there is some much crime here.

    Can someone clear this up for me? I'm just a bit confused.

    Thanks for reading,

    Kat

  2. #2
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    143

    Post imported post

    Welcome to Albuquerque. Too bad one of your first experiences was a local carjacking. I think you are mistaken about the crime being so bad. It is not crime-free, but it is far from being one of the worst. To see comparisons with other cities, go to:

    http://en.wikipedia.org/wiki/United_..._by_crime_rate

    NM has some of the best pro-gun laws in the country. You are correct that open carry is legal. Walking around with a shotgun won't be a good idea, but carrying a handgun will not be a problem. No safety class required for open carry.

    I like the open carry laws here, but I CCW to not draw attention. You might want to take one of the courses offered. The City of Albuquerque gun range on the west mesa is an excellent one if you have not been there. Calibers at Paseo del Norte and I-25 is nice, but a little more pricey.

  3. #3
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    snoball wrote:
    Welcome to Albuquerque. Too bad one of your first experiences was a local carjacking. I think you are mistaken about the crime being so bad. It is not crime-free, but it is far from being one of the worst. To see comparisons with other cities, go to:

    http://en.wikipedia.org/wiki/United_..._by_crime_rate

    NM has some of the best pro-gun laws in the country. You are correct that open carry is legal. Walking around with a shotgun won't be a good idea, but carrying a handgun will not be a problem. No safety class required for open carry.

    I like the open carry laws here, but I CCW to not draw attention. You might want to take one of the courses offered. The City of Albuquerque gun range on the west mesa is an excellent one if you have not been there. Calibers at Paseo del Norte and I-25 is nice, but a little more pricey.
    Hi snoball. Yeah, I think I've just been in the wrong place at the wrong time. Before I moved to the Corrales area I was in an apt complex in Rio Ranch off Southern Blvd and the police were always out there. I had my car broken into within a week and a couple people got mugged so I got the heck out of there. This was the first dangerous incident at this place and I guess it just shocked me. I bet if I look at that crime rate link, KS, is probably fifth on the list (at leas at one time they were). I just never saw it because I lived in KSMO.
    I'm not sure if I would need a saftey glass (although) it couldn't hurt since I was in the Army for seven years. Are there any of those ranges here where you can rent different types of handguns to try them out? A lot of people on the Firearms forum suggested this. What kind of handgun do you have?
    Thanks!
    Leslie

  4. #4
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    Oops, double post! Sorry about that!

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    Wow, actually Detroit Michigan is the worst for violent crime. I probably should have had a firearm there! At least if I was reading the chart right. I worked up there for a few months and I had heard about that!

  6. #6
    Regular Member
    Join Date
    Sep 2008
    Location
    Las Cruces, New Mexico, USA
    Posts
    102

    Post imported post

    I don't know the link to the actual laws off the top of my head, but just don't OC in any establishment that serves alcohol (by the glass/bottle, etc. You can't CC there either. Any place that serves alcohol in closed containers (Walmart, Walgreens, etc.), is CC only. Watch schools of any kind (no CC or OC) or gov't buildings.

    Enjoy exercizing your rights!

  7. #7
    Regular Member
    Join Date
    Aug 2008
    Location
    Holloman AFB, , USA
    Posts
    394

    Post imported post

    wrong place wrong time for your buddy.



    Anyway, back to the question at hand. there is no type of safety course required to OC. You don't need any kind of paperwork saying that you are permitted to OC.

    Stay out of establishments that have posted on a 12x12 sign on all entrances that weapons are not permitted on the premises. Stay out of any place that sells/serves/distributes alcohol. Leave graciously if asked to leave a certain store (otherwise you get busted for tresspassing). Schools are a no-no. Federal buildings and court houses also bad news.

    I'm still looking for references saying if OC is prohibited in state parks and national monuments. I know that you can OC in national forests.

    Hope that helps.

  8. #8
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    jhow1nm2 wrote:
    I don't know the link to the actual laws off the top of my head, but just don't OC in any establishment that serves alcohol (by the glass/bottle, etc. You can't CC there either. Any place that serves alcohol in closed containers (Walmart, Walgreens, etc.), is CC only. Watch schools of any kind (no CC or OC) or gov't buildings.

    Enjoy exercizing your rights!

    Believe me I will! It's so cool that NM is such a "firearms friendly" state:celebrate

  9. #9
    Regular Member
    Join Date
    Dec 2008
    Location
    Santa Fe, New Mexico, USA
    Posts
    38

    Post imported post

    Jizzzle wrote:
    ... Stay out of establishments that have posted on a 12x12 sign on all entrances that weapons are not permitted on the premises....
    Hey Jizzle, I expect you know better than most of us about OC in establishments. I have been trying to find information about trespassing and any requirements about the sign that a business can post. I have not been able to find anything about what constitutes the legality about the sign except that it needs to be legible and at the entrance. (or verbal notification)

    Do you have any reference to the 12X12? This is not a challenge to your post, just asking for help.

    :celebrateps thanks for pursuing the theater case.

  10. #10
    Regular Member
    Join Date
    Aug 2008
    Location
    Holloman AFB, , USA
    Posts
    394

    Post imported post

    i can site you the exact source.



    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.

  11. #11
    Regular Member
    Join Date
    Aug 2008
    Location
    Holloman AFB, , USA
    Posts
    394

    Post imported post

    It also would technically cover prohibited items. I.E. Guns, weapons, cell phones,alcohol et.

  12. #12
    Regular Member
    Join Date
    Dec 2008
    Location
    Santa Fe, New Mexico, USA
    Posts
    38

    Post imported post

    Thanks for the quick reply. I had forgotten about the area requirement.

    I can accept that a business has the right to control their property. Of course I have the option to spend my $$ somewhere else:X

    Just would like a NM law like Texas has with their 30-06 law. Very perscriptive sign and everyone knows what it means. One of thte signs that I have seen here in NM is about 2 feet X 3 feet. It lists a number of rules for the establishment. One of the lines prohibits weapons. I do not want to read all the fine print eberytime I go into some business. Just give me a clear consistent message.



    Thanks again, you are an asset to the forum.

    Mike


  13. #13
    Regular Member
    Join Date
    Aug 2008
    Location
    Holloman AFB, , USA
    Posts
    394

    Post imported post

    i appreciate that trainer. thanks.

  14. #14
    Regular Member
    Join Date
    Jan 2007
    Location
    Southwest Virginia
    Posts
    188

    Post imported post

    jhow1nm2 wrote:
    Any place that serves alcohol in closed containers (Walmart, Walgreens, etc.), is CC only.
    Do Wal-mart and Walgreens servealcohol in New Mexico?

  15. #15
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    Virginian683 wrote:
    jhow1nm2 wrote:
    Any place that serves alcohol in closed containers (Walmart, Walgreens, etc.), is CC only.
    Do Wal-mart and Walgreens servealcohol in New Mexico?
    Yup they do, so do grocery stores and most gas stations. Not sure about CC, but OC is forbidden at those places, schools, and you know, places where they have signs posted. I had the link to NM statutes but don't know where I l lost it. I'm totally new to this forum but there are many experts here that can verify your question. Best regards to you. And I thought I was a night owl

    Leslie

  16. #16
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    Virginian683 wrote:
    jhow1nm2 wrote:
    Any place that serves alcohol in closed containers (Walmart, Walgreens, etc.), is CC only.
    Do Wal-mart and Walgreens servealcohol in New Mexico?
    Btw, check with snoball, jizzzle. They have been excellent resources for me. And everyone else that I can't think of off the top of my head.

    Best Regards,

    Leslie

  17. #17
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    143

    Post imported post

    The thread is Open Carry Laws, but some are mixed with CC. Here is a list of the CC laws:


    Places You Cannot Carry CCW in New Mexico[/b]

    In New Mexico you can only carry one handgun at any time. By law you can not carry 2 or more firearms. The law states: “A licensee shall only carry one (1) concealed handgun at any given time.” You may carry another firearm if it is not concealed.





    You may NOT carry a handgun, openly or concealed, in:[/b]

    · Liquor establishments (fourth degree felony) unless you are: the owner/operator of the premises, a Law Enforcement Officer, a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act; provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises;

    · Preschools & Schools & University Premises …except inside the vehicle if you are older than 19 (fourth degree felony)

    · Courts, without the consent of the presiding judge (Fed., State, County, City, Tribal)

    · Tribal Land - unless authorized by the governing body of the tribe or pueblo

    · Public buses (misdemeanor)

    · On a snowmobile (unless there is no round in the chamber, petty misdemeanor)

    · Airport security zones

    · State parks

    · Federal Properties…Military Bases, National Parks, Courthouse, National Monuments, etc.

    · On private property where the owner has posted signs indicating that you may not carry or if the owner tells you that you cannot



  18. #18
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    143

    Post imported post

    For the newer readers, here are some more references:

    New Mexico references[/b]

    NM Department of Public Safety:[/b]

    http://www.dps.nm.org/lawEnforcement/ccw/index.php

    Firearm/CCW Laws:[/b] NM Statutes 30-7-1 thru 30-7-16 = http://law.justia.com/newmexico/code...art7-c459.html

    State Gun Laws:[/b] http://gunshowonthenet.com/State_Gun...w%20Mexico.pdf

    Deadly Force Laws:[/b] NM Statutes 14-5170 thru 14-5191

    Constitution of the State of New Mexico[/b]

    Sec. 6. (Right to bear arms)


    No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)


    30-7-2. Unlawful carrying of a deadly weapon. [/b]

    A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

    1. in the person’s residence or on real property belonging to him as owner, lessee, tenant or licensee;
    2. in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;[/b]
    3. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
    4. by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
    5. by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
    6. 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].
    B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
    C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.






  19. #19
    Regular Member
    Join Date
    Aug 2009
    Location
    Albuquerque, New Mexico, USA
    Posts
    12

    Post imported post

    Thanks snoball:

    I'm going to put these links somewhere that I want forget to find them this time

    Leslie

  20. #20
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234

    Post imported post

    I'm not from NM but we're (wife and I) considering it for a retirement location. One of our REQUIREMENTS is that wherever we move to is firearms friendly and allows both CC and OC with few restrictions and good LEO treatment of those who do OC or CC. The GoldStar is a starting point but there are a lot of nuances in some places.

    I'm seeing some conflicting information in this thread. Specifically the Walmart/Walgreens/etc. locations that sell alcohol for off premise consumption. Looks to me like if it's not posted no weapons (with a legal sign) that you CAN CC but not OC in off premise retailers in the later post by an earlier one says no. Neither with statute provided.

    The sign statute was interesting though. Any cases where a large enough sign that was missing the required contact information was deemed to be "not legal notice"? Here we're legal, even if posted,unless personally informed to leave which is great for CCers and OCers that don't see the sign.

    We're in Oregon and with a CHL we can carry (open or concealled) almost anywhere including schools, city hall, even the state Capitol building, and even into a bar open or concealled and we're a shall issue state.

    We LOVE the carry laws here but unfortunately the climate is a bit colder and wetter than we'd like. We don't think we're "Old" yet but we do know that old folks tend to migrate to warm climates because their circulation is slowing and they always feel cold.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  21. #21
    Regular Member
    Join Date
    Jun 2008
    Location
    Alabama, ,
    Posts
    1,338

    Post imported post

    Are there a lot of anti gun property owners willing to put their name
    and address on the signs? Bet that requirement cuts down on
    the number that go up.



  22. #22
    Regular Member
    Join Date
    Aug 2008
    Location
    Holloman AFB, , USA
    Posts
    394

    Post imported post

    most just ask you to leave or put up a sign that doesn't meet the requirements and expect that to be enough.

  23. #23
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234

    Post imported post

    Hmmmmm I wouldn't be quick to explain THOSE requirements to anyone. No sense taking away a possible technical "break" for anyone that doesn't see a sign.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •