Clarification on "concealed" and "unloaded" carry without a permit

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I asked this in a previous question, but I don't know what "unloaded" means in NM.

Without a permit, can I have an unloaded gun in my left pocket and a fully loaded magazine in my right pocket?

Just trying to understand this part of NM's laws.

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As hard as that is to believe, that is true.

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I carried like this all of the time before I got my CCW, perfectly legal.

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But keep in mind that you are still subject to all restrictions you would if open carrying. No licensed liquor establishments (even ones that sell for off premises consumption) without the CCW.

And be sure to cover up well, I am 100% sure some punk deputy or officer out there will see it sticking out and have no clue about the law. You may want to print out the statute and keep a copy on you. NMSA 1978 30-7-2:


30-7-2. Unlawful carrying of a deadly weapon.

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;   

(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 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   

(5)     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.   

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There are some places that are not friendly to open carry but haven't yet put up a no guns sign. Going in open will push them into putting up such a sign and ruin the place for both open and CCW.

Plus some PDs aren't friendly to guns and will constantly be taking the gun to run the serial, make you lie prone, and such to harass you as much as they can within the limits of the law. LCPD and APD are good examples.

If they don't see it and you aren't bringing police attention doing something else it makes life easier.

It's also good for 19 and 20 year olds who want to CC.

I also object to having to beg DPS for permission to carry.

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NavyLT wrote:

DustoneGT wrote:

Plus some PDs aren't friendly to guns and will constantly be taking the gun to run the serial, make you lie prone, and such to harass you as much as they can within the limits of the law. LCPD and APD are good examples.

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None of the actions that you describe are within the limits of the law.

I find it reprehensible that people in America feel the need to abstain for legal behavior, ESPECIALLY self protection, for fear of illegal actions the police may take against them.

Please don't take that as a personal statement directed at you... it's a statement about where we have come to in America.

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I open carry all the time. When they approach I ask them if I am being detained and on what suspicion they want to run the serial, and at that point they realize I am educated enough to make their lives miserable later so they drop it.

You are right, most would rather avoid confrontation than fight for their rights. I agree it's a bad thing, but that's a decision each individual has to make.

If more people open carried, the police would handle things different because they wouldn't have time to deal with all the 'man with a gun' calls. The ass holes who call the cops would have dispatch tell them as long as the gun isn't pointed at anybody it's legal and they don't respond to that.

I carry as much as possible to help that process along.