Results 1 to 12 of 12

Thread: Open Carry Stores???

  1. #1
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    15

    Post imported post

    Hello all,

    I was just curious as to what stores you have openly carried with no harrassment by employees or security.

    What have been your experiences with retail stores?

  2. #2
    Regular Member
    Join Date
    Feb 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    85

    Post imported post

    You do know that OC in walmart is illegal since they sell alcohol, right? At least in New Mexico.

  3. #3
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    15

    Post imported post

    You should check your facts. What you said is not what I was told when I called the DPS and asked them about open carry. They said that there are only two places that you cannot carry: federal buildings and posted areas (e.g. schools).

    The following was taken from the DPS website:

    Question: If I have my gun holstered in “plain view” on my belt will I be breaking the law?

    Answer: New Mexico is an Open Carry State, meaning it is legal to carry a loaded weapon as long as it is not concealed. However, it is not legal to carry any firearm in any federal building or school. It is the responsibility of the person carrying the firearm to be informed as to when/where carrying is prohibited.

    Question: I am licensed to carry a concealed handgun. As far as licensed liquor establishments are concerned, where can I legally carry my firearm?

    Answer: As of July 1, 2007, 30-7-3 NMSA 1978 allows a person licensed to carry a concealed handgun in New Mexico to legally carry into a licensed liquor establishment that DOES NOT sell alcohol for consumption on the premise. Please read and ensure that you thoroughly understand above-referenced statute. It can be accessed through the main concealed carry page. Please read and ensure that you thoroughly understand above-referenced statute. It can be accessed through the main concealed carry page.






  4. #4
    Regular Member
    Join Date
    Feb 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    85

    Post imported post

    That pertains to concealed carry. Open carry has different laws about places that sell alcohol. You should visit http://www.handgunlaw.us/ and click on New Mexico to read about the laws for the state. You can carry concealed into places that sell alcohol for consumption off premises such as Walmart but open carry there is a 4th degree felony.

    Starting next month you will be able to conceal carry into restaurants that sell beer and wine but not hard liquor, but still open carry is not allowed there.

  5. #5
    Regular Member
    Join Date
    Feb 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    85

    Post imported post

    You may NOT carry a handgun, openly or concealed, in:
    · Liquor establishments that sell alcohol for consumption on the premises. Parking lots are OK. (30-7-3
    NMSA 1978, fourth degree felony)
    · Schools…except in vehicle if older than 19 (30-7-2.1 NMSA 1978, fourth degree felony)
    · University Premises…except in vehicle if older than 19 (30-7-2.4 NMSA 1978 petty misdemeanor)
    · Preschools (29-19-8 NMSA 1978)
    · Courts (29-19-11 NMSA 1978, without the consent of the presiding judge) Court means: any Federal,
    State, County, Municipal, or Tribal Court;
    · Tribal Land (29-19-10, NMSA, unless authorized by the governing body of the tribe or pueblo)
    · Public buses (30-7-13 NMSA 1978, misdemeanor)
    · Airport security zones
    · State parks
    · Federal Properties…Military Bases, Courthouse, etc. National Parks and National Wildlife Management
    Areas are OK if you have a NM Permit/License to Carry or a Permit/License valid in New Mexico.
    · On private property where the owner has posted signs indicating that you may not carry or if the owner tells you that you cannot

    30-7-3. Unlawful Carrying Of A Firearm In Licensed Liquor Establishments. (Restaurant Carry Legal)
    Law Takes Effect 7/1/10
    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
    acting in accordance with the policies of the officer's 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 on the premises of:
    (a) a licensed establishment that does not sell alcoholic beverages for consumption on the
    premises; or
    (b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its
    annual gross receipts from the sale of food for consumption on the premises, unless the
    restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting
    the carrying of firearms, or the person is verbally instructed by the owner or manager that
    the carrying of a firearm is not permitted in the restaurant;
    (5) by a person in that area of the licensed premises usually and primarily rented on a daily or shortterm
    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

    The effective date of the provisions of this act is July 1, 2010.


  6. #6
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    15

    Post imported post

    It looks like you are trying to interpret laws that are "open to interpretation" rather than celebrate and exercise the right to openly carry.

    Like I said before, I called the NM DPS and they said that open carry was much less regulated than concealed carry (only two places you could not open carry: federal buildings and posted areas (schools).

  7. #7
    Regular Member
    Join Date
    Feb 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    85

    Post imported post

    I'm just trying to help you out and keep you from getting a felony on your record and losing your right to even look at guns. You should call someone else at DPS or the state police because whoever you talked to before doesn't seem to know the law.

  8. #8
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    15

    Post imported post

    Very interesting. This time when I called I was told that all places that sell alcohol is prohibited from open carry, but when I asked for the law/statute number they said they didn't have time for things like that.

    Looks like I was misinformed the first time I called. Thanks for the info!

  9. #9
    Regular Member Eeyore's Avatar
    Join Date
    Aug 2007
    Location
    on the move
    Posts
    558

    Post imported post

    castiel wrote:
    You may NOT carry a handgun, openly or concealed, in:
    · Liquor establishments that sell alcohol for consumption on the premises. Parking lots are OK. (30-7-3 NMSA 1978, fourth degree felony)
    Note the red text. IANAL, and I'm not from New Mexico,but unless this particular Walmart contains a bar, I believe you're over-interpreting this statute.
    Guns don't kill people. Drivers on cell phones do.

  10. #10
    Regular Member
    Join Date
    Feb 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    85

    Post imported post

    You can't just read the first sentence, you have to read the whole law.

  11. #11
    Regular Member
    Join Date
    Sep 2008
    Location
    , ,
    Posts
    97
    Carry of any gun, loaded or unloaded, is prohibited in ANY licensed liquor establishment, whether for on premises or off premises consumption. Read the law, it's pretty plain on that point.

    Exceptions include those with CCW permit, and only in places that do not have full liquor license. So no CCW permit, no carry in any place that sells alcohol, period.

    When you buy a gun at a Wal-Mart, employees carry the gun to the door for you, because as agents of the establishment they are exempt if they have permission from the owner. Once in the parking lot you can have the gun.

  12. #12
    Regular Member
    Join Date
    Feb 2010
    Location
    Las Cruces, New Mexico, USA
    Posts
    85
    Quote Originally Posted by DustoneGT View Post
    Carry of any gun, loaded or unloaded, is prohibited in ANY licensed liquor establishment, whether for on premises or off premises consumption. Read the law, it's pretty plain on that point.

    Exceptions include those with CCW permit, and only in places that do not have full liquor license. So no CCW permit, no carry in any place that sells alcohol, period.

    When you buy a gun at a Wal-Mart, employees carry the gun to the door for you, because as agents of the establishment they are exempt if they have permission from the owner. Once in the parking lot you can have the gun.
    You're right except one thing: if you have a CCW permit you can carry into stores that sell alcohol for off premises consumption like grocery stores and gas stations. This was added a couple of years back.

Posting Permissions

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