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Thread: OC in stores that sell liquor

  1. #1
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    OC in stores that sell liquor

    Ok seems like i am not able to find a diffinitive answer of the question. Can I oc in a store that sells liquor for off site consumption. I understand the aspects of concealed carry but seems like there is confusion on open carry. My understanding is that it is not legal to open carry in a store like smiths or walgreens whatever due to liquor being sold at the store I c a lot of discussion on the forum but seems like there is confusion. I went to NM dept of Safety and couldnt find the answer. Please help. Only answer if you can back up your answer with documentation please.

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    OC anywhere that sells booze is illegal as far as I know.

    I remember a news story a couple years back, guy was OCing and ran into a GIANT gas station real quick, turns out they sold alcohol and well, that guy is now a felon and non-gun owner.

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    Quote Originally Posted by wheelsxd View Post
    Ok seems like i am not able to find a diffinitive answer of the question. Can I oc in a store that sells liquor for off site consumption. I understand the aspects of concealed carry but seems like there is confusion on open carry. My understanding is that it is not legal to open carry in a store like smiths or walgreens whatever due to liquor being sold at the store I c a lot of discussion on the forum but seems like there is confusion. I went to NM dept of Safety and couldnt find the answer. Please help. Only answer if you can back up your answer with documentation please.
    Go back to the NM DPS. Right at the top of the page is an excerpt and a link to the law. It is very clear- you CANNOT OC in ANY liquor establishments, period. Only CC is allowed in places that sell for off-site consumption, and those which meet the conditions of Beer and Wine Licensees.

    http://www.dps.nm.org/lawEnforcement/ccw/index.php
    Last edited by AH.74; 11-27-2010 at 02:57 PM.

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    Thank you for the response You confirmed what i thought to be accurate. I had a disagreement on this subject with a buddy. And this clears it up. I would hate to make a stupid mistake and become a felon due to misinformation!! Thanks again
    Last edited by wheelsxd; 11-27-2010 at 11:41 AM.

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    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by wheelsxd View Post
    I would hate to ... become a felon due to demented laws written by hate-mongering commie bastards..
    There, I fixed it.

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    And here I was going to try to help make sure your guys understood why the law was as it is written.

    Being one of the people that work to improve our firearms legislation, I choose not to be called a hate-mongering commie bastard.

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    I'm with Steve. I work with the governor and legislators every year to improve our laws as they relate to guns. If it were not for involved citizens taking the time to make change, you would have no improvement. I just mailed letters today to Gov. Martinez and several legislators to finally enact a Castle Doctrine law in NM. They have tried for several years, they just never have enough time to pass it. Also, we need to change the law to permit guns in state parks like we now can do in National Parks.
    Instead of wasting time complaining about demented laws, WRITE your representative or senator in NM NOW and ask for their help. Be polite and informed. You would be amazed how many of them will help us!

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    Quote Originally Posted by steveaikens View Post
    And here I was going to try to help make sure your guys understood why the law was as it is written.

    Being one of the people that work to improve our firearms legislation, I choose not to be called a hate-mongering commie bastard.
    PLEASE tell me if you would, I would like to know becouse living in Az. ( I know there are still some things here we need to work on, but I think we are on the right path, ) not only do I carry open all the time, but I can walk into any store that sells liquor, shop and leave without worry of breaking the law. I love to ride horses and sometimes get to the N.M. border, it would be nice to ride across into N.M. stay a few days, shop, sightsee from horseback, and then come home again. I have been told on a N.M. thread to just get a Az. permission slip. why! I live in a state that has " Freedom to Carry ", I hardly ever leave and when I do I travel in states that have open carry, and at least 2 of them will probably have " Freedom to Carry " this year. N.M. is a beautiful state and I as probably many others would like to visit more if we know we could shop without going to jail. I spent a year in Alb. going to school in the 90s`, and the one thing I could not understand was, all the rights I had to open carry, ( which I did all the time, ) but I had to disarm whenever I went shopping. So please forget the name callers and tell this old Az. cowboy. And as a sidenote, when are you guys going to start working on changing this silly law.

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    Regular Member Sonora Rebel's Avatar
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    'Nuther Arizona cowboy chiming in... This no-gun stuff in places that sell alcohol for consumption off-premises makes no sense. Particularly gas 'n go/convienience type businesses. What is the purpose of such a law? What does it prevent? Is a carrier any less armed while carrying concealed? Whatever the reason for this 'law'... it wasn't thought out very well before it was enacted. Yeah... I have an AZ CWP... but there were no AZ permits prior to 1994. NM didn't have CCW permits 'til 2004 if mem'ry serves... so what's the deal?

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    Quote Originally Posted by Sonora Rebel View Post
    'Nuther Arizona cowboy chiming in... This no-gun stuff in places that sell alcohol for consumption off-premises makes no sense. Particularly gas 'n go/convienience type businesses. What is the purpose of such a law? What does it prevent? Is a carrier any less armed while carrying concealed? Whatever the reason for this 'law'... it wasn't thought out very well before it was enacted. Yeah... I have an AZ CWP... but there were no AZ permits prior to 1994. NM didn't have CCW permits 'til 2004 if mem'ry serves... so what's the deal?
    It's to make money for locksmiths.

    Let me explain.

    I recently drove from Washington State to Texas, with nothing but a Washington CPL. I only drove through states that I could legally OC or CC in. The only places I had to disarm during the trip was at a Walmart and a convenience store, both in New Mexico.

    Not knowing if Walmarts in N.M. sold alcohol (but knowing the law), I removed my gun from it's holster and locked it in the safe I had in the truck. The truck was a rental, so the key to the safe was not on the same keychain.

    I set the truck key down while locking the safe.

    The locksmith was prompt, and quickly had the truck unlocked.

    I DID NOT make the same mistake at the convenience store later that day.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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    Founder's Club Member ixtow's Avatar
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    More importantly, is any group trying to improve this silliness?

    AZCDL is really on the ball. NM doesn't seem to have such a group.

    This law is dumb. It's nothing more than a dirty sneak-attack on people who think rationally.

    "Seriously, I'm under arrest for paying for my gas? A FELONY? WTF?!?! I thought NOT paying for your gas was the crime? What weirdo would even have that thought?"

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    I am not aware of a formal group that advances pro-gun laws in NM. However, there are many, many dedicated individuals like myself that submit requests to the Legislature each year to improve laws that favor the gun owner.
    For those that think that people in NM can just change our current laws to look more like AZ, you are in some type of dream land. You may not be aware of the leadership in the NM State Legislature. Despite last years election (and the win by Republican Susana Martinez- our new Governor), it is HEAVILY controlled by liberal democrats and has been for the entire history of the state.
    We are actually very fortunate to be considered a pro-gun state with the liberals that run our state. We have some very dedicated pro-gun conservative legislators that assist us every year, but it is an uphill battle for them to introduce and get pro-gun legislation passed. But we try each and every year.
    I have written a letter to our Governor and several legislators asking again for a Castle Doctrine law and to revise the current law that bans guns in our state parks. If anyone is interested in changing laws in NM all it takes is to get involved. Complaining about laws does not change them. Getting involved does. If anyone would like me to e-mail them a copy of the my letter so they can write their NM legislator, e-mail me at smokinss@comcast.net and I will forward you my letter that you can modify to your liking and send to your legislator. They are having their 60 day session start later this month.

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    Quote Originally Posted by Sonora Rebel View Post
    'Nuther Arizona cowboy chiming in... This no-gun stuff in places that sell alcohol for consumption off-premises makes no sense. Particularly gas 'n go/convienience type businesses. What is the purpose of such a law? What does it prevent? Is a carrier any less armed while carrying concealed? Whatever the reason for this 'law'... it wasn't thought out very well before it was enacted. Yeah... I have an AZ CWP... but there were no AZ permits prior to 1994. NM didn't have CCW permits 'til 2004 if mem'ry serves... so what's the deal?
    New Mexico had that law since 1978. I'm not sure if it was a felony then or if it was made a felony in the 1990's. People warned them that it would affect gun carriers but some people forgot that NM was (and still is) an open carry state. It was a poorly written law that was much wider in imact then it was intended for.

    Steve Aikens has been trying to change this law, some people think he forgot about open carriers, but he didn't. He would have liked to repeal the law entirely but due to the past make up of the criminals in Santa Fe, he had to take baby steps.

    Steve has stated here and on packing.org (from back in the day) that he knows open carry is getting no love in the legislature, but he is doing what he can with what he has. He wanted full repeal, but he was only able to get exemptions for CCW for CHL holders in certain establishments. it is slow going but New Mexico needs better reps.

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    Quote Originally Posted by Jared View Post
    New Mexico had that law since 1978. I'm not sure if it was a felony then or if it was made a felony in the 1990's. People warned them that it would affect gun carriers but some people forgot that NM was (and still is) an open carry state. It was a poorly written law that was much wider in imact then it was intended for.

    Steve Aikens has been trying to change this law, some people think he forgot about open carriers, but he didn't. He would have liked to repeal the law entirely but due to the past make up of the criminals in Santa Fe, he had to take baby steps.

    Steve has stated here and on packing.org (from back in the day) that he knows open carry is getting no love in the legislature, but he is doing what he can with what he has. He wanted full repeal, but he was only able to get exemptions for CCW for CHL holders in certain establishments. it is slow going but New Mexico needs better reps.
    I know someone on the Abq police force who claims to know someone on the State Supreme court. He says this person is a gun guy and has stated more than once that CC for license holders in full alcohol-serving restaurants is in the works.

    I have my doubts seeing as how it has only been barely 6 months since the new laws went into effect. But I'd like to hear from Steve if he knows or has heard anything of this.

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    Add to the questions....
    OC is legal without license in NM, and so is CC if the gun is unloaded.
    From my understanding the only time you need a license is to CC a loaded handgun.
    So, what if you were to remove the magazine and CC your weapon while going into a store? Would that be legal?
    Im in West Texas and enjoy going to NM often. Except for Hobbs because it aint nothin but a Criminal town now day's!

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    Quote Originally Posted by MR Redenck View Post
    Add to the questions....
    OC is legal without license in NM, and so is CC if the gun is unloaded.
    From my understanding the only time you need a license is to CC a loaded handgun.
    So, what if you were to remove the magazine and CC your weapon while going into a store? Would that be legal?
    No. See N.M.S.A. 30-7-3.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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