Unlicensed Unloaded CCW, university/school carry

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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?

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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.

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

-Space

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SpaceCase wrote:

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

-Space

Click to expand...

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.

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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