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Thread: OC at the pump?

  1. #1
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    Several years ago I ended up at a wierd gas station to fill up and was verbally harrassed by a guy wanting money. No cash on hand I repeatedly told him I can't help you. It was getting a little scary and made me wonder. As I understand the law, as long as you don't walk into a business that sells alchohol you can OC. So if you stay at the pump to fill your car, could you open carry at that moment?

  2. #2
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    I wouldn't see why not. You didn't darken the doors of where alcohol is sold open carrying. of course, with a concealed carry you can without a problem (inside or outside) where they serve by the close container for off premises consumption.

    anyone else want to chime in?

  3. #3
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    I believe the "3-feet rule" applies, meaning that if you stay within arm's reach of your car -- or motorcycle -- even in a gas station with a convenince store that sells beer and such, you are fine. Just stay at the pump and don't go in the store.

    IIRC, this is what I've seen stated here in this forum (re: motorcycles) some time back...or maybe in another forum, I don't recall exactly.

    It's supposed tobe an "unwritten rule"that cops goby -- at least re: motorcycles, OCing on your bike, stopping for gas and staying within 3-feet of your bike at the pump -- but I don't have any confirmation on this, nor do I know if you are within 3-feet of your car this "rule" (if it's true) also applies.

    -- John D.
    (formerly of Colorado Springs, CO)

  4. #4
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    OC is fine at the pump. I do it all the time. No issues. Just don't go inside if they sell booze. NM is a OC state. Know your rights and pratice them.

  5. #5
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    The law against carry at licensed liquor establishments specifically says it does not apply in parking areas.

    Here's the law:

    30-7-3. Unlawful carrying of a firearm in licensed liquor establishments.

    A.¬* ¬* ¬*Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:¬*

    (1)¬* ¬* ¬*by a law enforcement officer in the lawful discharge of the officer's duties;¬*

    (2)¬* ¬* ¬*by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978] acting in accordance with the policies of the officer‚Äôs law enforcement agency;¬*

    (3)¬* ¬* ¬*by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;¬*

    (4)¬* ¬* ¬*by 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 [29-19-1 NMSA 1978]; provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises;¬*

    (5)¬* ¬* ¬*by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;¬*¬*

    (6)¬* ¬* ¬*by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or¬*

    (7)¬* ¬* ¬*for the purpose of temporary display, provided that the firearm is:¬*

    (a)¬* ¬* ¬*made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and¬*

    (b)¬* ¬* ¬*under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.¬*¬*

    B.¬* ¬* ¬*Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

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