Results 1 to 15 of 15

Thread: Any Albuquerque or Bernalillo County laws that we should be aware of?

  1. #1
    Regular Member
    Join Date
    Mar 2010
    Location
    Albuquerque, New Mexico, USA
    Posts
    20

    Post imported post

    I was wondering if there were any laws passed by the city counsel while Chavez was mayor that affect open or concealed carry... Mayor Chavez was such the anti-gun advocate when the legislature first passed the concealed carry laws I was sure he would try to get something anti-gun on the books... Or do the state statutes and rules super-cede the laws a city or county may implement?

    Thanks in advance.


  2. #2
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Article II Section 6 of The New Mexico Constituion is The New Mexico Preemption Law governing Firearms in New Mexico, and it reads:

    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.)

    The underlineded part Preempts Local Governments from imposing Firearm Statutes any stricter than New Mexico Law governing that subject matter.

  3. #3
    Regular Member
    Join Date
    Mar 2010
    Location
    Albuquerque, New Mexico, USA
    Posts
    20

    Post imported post

    Thanks.

    But that raises another question about shooting somewhere other than the range out by double-eagle airport. I have read here and I spoken to others about shooting out on the west mesa or off of I-40 East of the Casino in the arroyos. Has anyone experienced any run-ins with the Sheriff's department or known someone who has? I thought that there was something in the Bernalillo county statutes/rules/regs that it was only lawful to discharge a firearm at a designated facility...

    Thanks again.

  4. #4
    Regular Member
    Join Date
    Dec 2006
    Location
    , ,
    Posts
    81

    Post imported post

    that's where i shoot at all the time, its open space, IE public land, legal to shoot at. I had open space police roll up on me once, all they did was check to make sure my guns weren't stolen.

  5. #5
    Regular Member
    Join Date
    Mar 2010
    Location
    Albuquerque, New Mexico, USA
    Posts
    20

    Post imported post

    mserr wrote:
    that's where i shoot at all the time, its open space, IE public land, legal to shoot at. I had open space police roll up on me once, all they did was check to make sure my guns weren't stolen.
    Which is considered open space, the west mesa or the arroyos off of I-40?

    TIA.

  6. #6
    Regular Member
    Join Date
    Dec 2006
    Location
    , ,
    Posts
    81

    Post imported post

    I'm assuming you're referring to the desert just east of the route 66 casino off i40. And I'm also assuming by arroyos you are referring to the naturally occuring ditches out there full of junk, I don't know of any cement arroys out there. If what I described is what you're referring to, perfectly legal to shoot out there.

  7. #7
    Regular Member
    Join Date
    Mar 2010
    Location
    Albuquerque, New Mexico, USA
    Posts
    20

    Post imported post

    that's the area... thanks.

  8. #8
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    58

    Post imported post

    It is not legal to target shoot anywhere in Bernalillo county that is not an established range:


    Sec. 54-31. Discharge of firearms prohibited; exceptions; penalty for violation of section. (a)It is unlawful for any person to discharge any firearm in the county. This section does not prohibit discharge of a firearm by:
    (1)Peace officers engaged in the performance of their official duties.
    (2)Members of the armed forces of the United States or the National Guard when such members are engaged in the performance of their official duties.
    (3)Persons exercising their rights of defense of self, property or others.
    (4)A person in attendance at an authorized hunter's safety course or an authorized handgun safety course.
    (5)A person engaging in the use of a firearm for target shooting at an established range authorized by the governing body.
    (6)A person engaging in an organized competition authorized by the local governing body.
    (7)A person pursuing legal hunting or trapping activities.
    (b)Upon conviction of a violation of this section, the weapon or firearm shall be forfeited to the sheriff's department by order of the court.
    (c)Violations of this section are punishable as provided in section 1-6.


    -Space


  9. #9
    Regular Member
    Join Date
    Mar 2010
    Location
    Albuquerque, New Mexico, USA
    Posts
    20

    Post imported post

    That is the section that I was referring to in my earlier post...

  10. #10
    Regular Member
    Join Date
    Mar 2010
    Location
    Rio Rancho, New Mexico, USA
    Posts
    16

    Post imported post

    So, sounds like that area is not 100% legal, even though several folks are saying that LEO gives them no hassle when found shooting out there....hhmmmm...This dovetails into my postings here http://opencarry.mywowbb.com/forum39/40611.html regarding the same question for shooting in Sandoval county.

    Anyone have a link to Sandoval county laws?

    Thanks guys
    JP


  11. #11
    Regular Member MrGlock's Avatar
    Join Date
    Feb 2010
    Location
    Albuquerque, New Mexico, USA
    Posts
    72

    Post imported post

    Ive shot out east of the casino (west of MDC) for years with no problems, my friend's dad shot there when he was a kid, its outside of city limits and the owner of the land doesn't care, as long as you don't bother his cattle. I met a guy who claimed to know the owner, an older gentleman with some nice antique rifles, he let me shoot some too.

  12. #12
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    58

    Post imported post

    priller wrote:
    So, sounds like that area is not 100% legal, even though several folks are saying that LEO gives them no hassle when found shooting out there....hhmmmm...This dovetails into my postings here http://opencarry.mywowbb.com/forum39/40611.html regarding the same question for shooting in Sandoval county.

    Anyone have a link to Sandoval county laws?

    Thanks guys
    JP
    SANDOVAL COUNTY ORDINANCE NO. 03-06-05.14A
    Discharge of firearms is not legal in the area of Sandoval County extending north from the Sandoval County/Bernalillo County line to Highway 550, extending west to the Rio Puerco and extending east to the municipal limits of the Town of Bernalillo and the City of Rio Rancho (excluding municipalities and tribal lands).

    Link:
    http://www.sandovalcounty.com/Ordinance/Firearms.html

    -Space

  13. #13
    Regular Member
    Join Date
    Mar 2010
    Location
    Rio Rancho, New Mexico, USA
    Posts
    16

    Post imported post

    Thanks again Space.

    JP

  14. #14
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    143

    Post imported post

    I was not aware of these laws. I have and will continue to shoot in the mesas away from homes and people. I have done this for 30 years and never knew the counties had such prohibitions. I can understand why, but I thought the language was something like "no discharge of firearms within 1 mile of any structure". Thanks for posting the law.

  15. #15
    Regular Member
    Join Date
    Jan 2008
    Location
    , ,
    Posts
    143

    Post imported post

    Yikes:

    1. Violation of this Ordinance shall be a misdemeanor and may carry a sentence of confinement of less than one (1) year or payment of a fine of not more than $1,000.00, or both in the discretion of the judge. However, nothing herein shall be construed to limit the discretion of a peace officer to charge an individual violating this Ordinance with any additional and appropriate charges.

Posting Permissions

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