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Thread: Unlicensed Unloaded CCW, university/school carry

  1. #1
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    So NMSA 30-7-2 (Chapter 30, Article 7, Section 2, emphasis added):
    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:
    ....
    B.Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

    NMSA 30-7-2.1 (Chapter 30, Article 7, Section 2.1):
    Prohibits carrying of deadly weapons in public schools, excepting the usual things like vehicles if 19+, school security and peace officers.

    NMSA 30-7-2.4 (Chapter 30, Article 7, Section 2.4):
    Prohibits carrying of deadly weapons on universities and colleges, with similar exceptions to the public schools as in 30-7-2.1

    So basically it is pretty clear from this that carrying a concealed firearm without permit is acceptable provided the firearm is unloaded.

    There are two things I am not clear on:
    How does the law define loaded or unloaded legally? Is a semi-auto sans magazine unloaded? Is it still unloaded if the loaded magazine is also on your person in a pocket, belt pouch or purse, apart from the gun?

    Secondly, if Section 2 says that nothing in section 2 can be construed to prohibit the carrying of an unloaded firearm, would this also apply to 2.1 and 2.4? Are these subsections, making them a part of 30-7-2, or are they their own sections?

    So basically, can average non-felon, 19+ Joe carry an unloaded pistol, open or concealed, on campus?

  2. #2
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    If you can't find a definition in the law, you should be safe enough following California guidelines. Of course, if you OC, you might have to become a test case before people recognize those guidelines.

  3. #3
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    Negative. Not legal. Section 30-7-2 only applies to section 30-7-2.

    -Space

  4. #4
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    SpaceCase wrote:
    Negative. Not legal. Section 30-7-2 only applies to section 30-7-2.

    -Space
    Huh? How in the world do you reach that conclusion? 30-7-2 is obviously the section that defines terms for the other sections. Since it clearly exempts an unloaded weapon from the definition of "unlawful carrying of a deadly weapon," then plainly the prohibitions in theother sectionsare irrelevant tothe carrying of an unloaded weapon.

  5. #5
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    Flyer22,

    Each number is considered a section under NM law, even if it is a 2.1, 2.2 etc. Here is the University law in full:



    30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty.

    A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:
    (1) a peace officer;
    (2) university security personnel;
    (3) a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program;
    (4) a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or
    (5) a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

    B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.

    C. As used in this section:
    (1) "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and
    (2) "university premises" means:
    (a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or
    (b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.

    D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.

    Please notice the law clearly says firearm, not unloaded firearm. Section 30-7-2's exemptions do not apply to any section other than 30-7-2.

    -Space

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