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Thread: Open Carry at 19

  1. #1
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    Smile Open Carry at 19

    Hello everyone. I am new to the forum and have found something interesting I wanted to clarify with yall.

    I noticed that the legal open carry age in NM is 19. I am currently 19 years old and will be 20 the 4th of April. I have a friend who is currently 25 and open carries his .40S&W whenever we are hanging out together. We often go shooting with his .40 and .380. I would like to know if it would be possible to open carry his .380 while I am with him as he carries his .40.

    I'm curious as to where I can open carry the firearm and if I have to be in my friend's presence (since he owns the firearm) to open carry. We often go shooting up in the public lands and haven't run into any trouble so far. That statement might ring differently though, when we are driving around Rio/Albuquerque.

    Any help clarifying who/what/where/when/how of open carry at 19 would be fantastic, as I would like to be informed as possible, before attempting to open carry. Any links to the state/federal codes, or statutes would be grand. As I would like to print them out and carry them with me when I open carry, just in case I run into any snags or mishaps.

    Thank you for reading everyone! And have a great day!

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    i don't think that you would have a prob ocing anyones pistol as long as it is not on the hot sheet and you meet all legal requirements i.e. 19 yrs of age not in commission of felony, like dui or b&e you get the idea cause felony with weapon is concidered worse check your states stance on guns in drinking establishments and booze serving eateries there is lots of knowledge to be had at this site so get with the nm folks here. and welcome to enjoying the world of the constitution and adult responsibility. good luck

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    Good place to start your research is here:
    http://www.opencarry.org/maps.html
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Thank you very much for the information. I am currently a Detention Officer in the area, and in extension a LEO. So, I do not have any felonies against me, and am a law-abiding citizen.

    This is mainly the reason I would like to be so informed about the open carry laws. I do not want to receive any flak from my occupation, and do not want to incriminate myself to the point where my career may be in danger. I love what I do and don't want to stop anytime soon.

    Thanks again!

  5. #5
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    Quote Originally Posted by Buniak383 View Post
    Thank you very much for the information. I am currently a Detention Officer in the area, and in extension a LEO. So, I do not have any felonies against me, and am a law-abiding citizen.

    This is mainly the reason I would like to be so informed about the open carry laws. I do not want to receive any flak from my occupation, and do not want to incriminate myself to the point where my career may be in danger. I love what I do and don't want to stop anytime soon.

    Thanks again!
    As a detention officer you MIGHT qualify for HR218/LEOSA. If you do, you would be good for carrying almost anywhere, open or concealed.

    The law requires "He or she must be (1) "an employee of a governmental agency"; (2) "authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law"; (3) have "statutory powers of arrest"; (4) "authorized by the agency to carry a firearm"; (5) "not the subject of any disciplinary action by the agency"; (6) "meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (7) "not prohibited by Federal law from receiving a firearm." In addition, the privilege conferred by the law applies only when the individual "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance."

    Do you ever carry a firearm on duty?

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  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by PracticalTactical View Post
    As a detention officer you MIGHT qualify for HR218/LEOSA. If you do, you would be good for carrying almost anywhere, open or concealed.

    The law requires "He or she must be (1) "an employee of a governmental agency"; (2) "authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law"; (3) have "statutory powers of arrest"; (4) "authorized by the agency to carry a firearm"; (5) "not the subject of any disciplinary action by the agency"; (6) "meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (7) "not prohibited by Federal law from receiving a firearm." In addition, the privilege conferred by the law applies only when the individual "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance."

    Do you ever carry a firearm on duty?
    Conditions #3 & #4 are going to be the greatest problem. Corrections officers are generally not considered to be qualified under LEOSA.

    Would hate to see him as a test case.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Buniak- good for you for wanting to know the laws. It is critical for many reasons.

    Above all else, remember this- do not OC in any alcohol establishment, period, whether they sell or serve. If in doubt, stay out. Call ahead.

    It seems as if you can indeed carry your friend's gun, even while not in his presence, if you are 19 and not prohibited. See 30-7-2.2 linked to below.

    Now, here are some useful links.

    http://handgunlaw.us/ is always the best place to start.

    http://www.dps.nm.org/lawEnforcement/ccw/index.php is the CCW sight. It's good to know the laws even if you won't actually be cc'ing. Look toward the bottom in the 2005 act section for links to the statutes and administrative code rules.

    http://www.nmlegis.gov/lcs/statutes.aspx is the state legislature sight. You'll have to navigate, statutes>state of NM>2010 NMSA 1978>statutory chapters and then read chapter 30 and 29.19 (which is linked to on the DPS sight)

    http://www.nmcpr.state.nm.us/nmac/_titles.htm is the sight for the administrative code, also linked to from the DPS sight. Look for Title 10.

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    Quote Originally Posted by Grapeshot View Post
    Conditions #3 & #4 are going to be the greatest problem. Corrections officers are generally not considered to be qualified under LEOSA.

    Would hate to see him as a test case.
    I've read that some corrections officers are considered qualified, but definitely would check into it and get a solid yes before carrying that way.

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    Wow! You guys have been so helpful, thanks! I will start reading up on all the links.

    As for the LEOSA. I unfortunately do not have the authority to arrest, and my agency will not currently give me the authorization. So, I will just have to be mindful of the civilian carry laws.

    Thank you all again. I don't know what I'd be doing without you all (not open carrying that's for sure lol.)
    Last edited by Buniak383; 03-19-2011 at 08:22 PM.

  10. #10
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    Quote Originally Posted by AH.74 View Post
    Above all else, remember this- do not OC in any alcohol establishment, period, whether they sell or serve. If in doubt, stay out. Call ahead.
    I am not familiar with NM law at all, but planning a trip soon...Does this include grocery stores? They sell right?

  11. #11
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    I do believe so. Especially places like Wal-mart/Walgreens etc. that have nice sized liquor sections. I'd keep it in the car while in those places.

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    Quote Originally Posted by Buniak383 View Post
    I do believe so. Especially places like Wal-mart/Walgreens etc. that have nice sized liquor sections. I'd keep it in the car while in those places.
    Correct. Even some convenient stores and gas station-stores sell alcohol.

    James- if you have a CO permit you are good in those places that sell, and beer-wine establishments that serve. Just keep it concealed. If not, play it safe.

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