Results 1 to 17 of 17

Thread: Where's Extended Domain Written Down?

  1. #1
    Regular Member
    Join Date
    Feb 2011
    Location
    Las Cruces, New Mexico
    Posts
    242

    Where's Extended Domain Written Down?

    I've always heard and read all over the internet that in New Mexico a vehicle is an extension of your home. Some say it's a law, others say it's the result of a court case. Some sites even say that car sex is legal in New Mexico because of extended domain, but fail to provide any references LOL.

    Reading through the statutes, every one that prohibits a gun somewhere makes an exception for people 19 or older driving a private car, motorcycle or bicycle (or any other vehicle for that matter). Of the one's I've seen, none of them say anything about a car being an extension of your home.

    I've searched the conway greene site, read hundreds of court cases, and looked through chapter by chapter in the statutes trying to find that wording that your vehicle is an extension of the home.

    Where exactly does it say that your car is an extension of your home?

  2. #2
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, NM
    Posts
    114

    I Don't Think That It's Spelled Out

    PracTac, I don't believe the term "extended domain" is actually used anywhere in the statute, but it is what the statutes afford. One could say that New Mexico also has a Castle Doctrine (albeit a very watered down version), though "Castle Doctrine" is not used in the statutes either.

  3. #3
    Regular Member
    Join Date
    Nov 2010
    Location
    Albuquerque, NM
    Posts
    21
    I'm curious about this as well, it was under my understanding that you could carry a firearm in your vehicle being an extension of your residence, with no permit or license.... yet a few days back a man was arrested for having a firearm in his car and no valid license.
    Coming from someone that has been carrying a firearm on the back of his passenger seat since moving here... that is a bit discomforting.

  4. #4
    Regular Member
    Join Date
    Jul 2010
    Location
    Albuquerque, NM
    Posts
    63
    This past weekend I took a CCW class with Jacob Lee. At the moment I don't have the paper you're looking for but he reiterated many times that your vehicle (automobile, motorcycle, and even bicycle) is an extension of your home. Along with teaching this he told us that this "extension" goes all the way to your vehicle in a parking lot where guns on your person are prohibited (schools, federal/state property, hard alcohol consumption, etc.). Also, this "extension" extends around your vehicle by a few feet (I forget how many) to allow for transportation of the firearm to another place in the vehicle. He gave us a nice chunk of NM laws in a booklet. Maybe when I have a few minutes (leaving for work now) I'll dig through it and try to find the statue number(s).

  5. #5
    Regular Member
    Join Date
    Oct 2008
    Location
    , ,
    Posts
    454
    Quote Originally Posted by TravisNM View Post
    This past weekend I took a CCW class with Jacob Lee. At the moment I don't have the paper you're looking for but he reiterated many times that your vehicle (automobile, motorcycle, and even bicycle) is an extension of your home. Along with teaching this he told us that this "extension" goes all the way to your vehicle in a parking lot where guns on your person are prohibited (schools, federal/state property, hard alcohol consumption, etc.). Also, this "extension" extends around your vehicle by a few feet (I forget how many) to allow for transportation of the firearm to another place in the vehicle. He gave us a nice chunk of NM laws in a booklet. Maybe when I have a few minutes (leaving for work now) I'll dig through it and try to find the statue number(s).
    This is interesting, because some of it is clearly wrong.

    Parking lots are covered in statute several times. Extended domain does not really apply there since it is addressed specifically.

    But where he's really out of line is the "extension" existing beyond the vehicle by any amount. It does not and this is never stated anywhere in the statutes. I would like a specific reference for this claim. I do not think you will be able to provide one.

    yet a few days back a man was arrested for having a firearm in his car and no valid license.
    You can bet there is more to the story than just that. Do you have any links?

    Practical- to answer your question directly, I also have seen it no where in the rules or statutes. I believe it has come to be a common understanding along the lines of "if it's not specifically illegal then it is legal." So, because there are no specific limitations as to what you cannot do in your vehicle, as private property it is equal to no limitations in your private home.

  6. #6
    Regular Member
    Join Date
    Feb 2011
    Location
    Las Cruces, New Mexico
    Posts
    242
    Quote Originally Posted by AH.74 View Post

    Practical- to answer your question directly, I also have seen it no where in the rules or statutes. I believe it has come to be a common understanding along the lines of "if it's not specifically illegal then it is legal." So, because there are no specific limitations as to what you cannot do in your vehicle, as private property it is equal to no limitations in your private home.
    What has me concerned is that there's a difference between statutes allowing car carry and 'extended domain'.

    For instance, some employers say no guns, even in cars. Extended domain would protect an employee in this instance (with the private property within his vehicle having equal standing with the private property of the employer), but without it he could be charged with trespassing if the gun were discovered (or used in an otherwise lawful manner).

    Even in police training I was told about extended domain, and that in NM searches and seizures are legally more difficult than in other states when a car is involved.

    I've also heard rumor of a "3 foot rule", but once again I can't find anything to back it up.

  7. #7
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, NM
    Posts
    114

    Clear As Mud

    The statutes are not exactly clear on all these issues. In addition to statute, there is, no doubt, volumes of related case law. Prac Tac, you are a CCW Instructor, no? Perhaps you could ask the Attorney General, through DPS, for an interpretation of statute and case law, so that the proper info can be passed on to your students and others' students? If you look at the AG websites for other states (Kalifornia, for example), they have published information which more clearly explains state law regarding handguns, concealed carry, etc. I've yet to find anything on the NM AG website.

  8. #8
    Activist Member nuc65's Avatar
    Join Date
    Nov 2009
    Location
    Lynchburg, Virginia, USA
    Posts
    1,121

    NM Code 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.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  9. #9
    Activist Member nuc65's Avatar
    Join Date
    Nov 2009
    Location
    Lynchburg, Virginia, USA
    Posts
    1,121
    It isn't really fair to say that the car is an extension of the home, but this 'concept' seems to play a fair part in the law and various case law seems to lay this type of foundation.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  10. #10
    Regular Member
    Join Date
    Feb 2011
    Location
    Las Cruces, New Mexico
    Posts
    242
    Quote Originally Posted by NMBill View Post
    The statutes are not exactly clear on all these issues. In addition to statute, there is, no doubt, volumes of related case law. Prac Tac, you are a CCW Instructor, no? Perhaps you could ask the Attorney General, through DPS, for an interpretation of statute and case law, so that the proper info can be passed on to your students and others' students? If you look at the AG websites for other states (Kalifornia, for example), they have published information which more clearly explains state law regarding handguns, concealed carry, etc. I've yet to find anything on the NM AG website.
    Being an instructor is what got me started on this. I want to be sure I am passing good info on to students and not rumor and hearsay.

    Since it appears I've exhausted all other available resources, I'm going to have to check with AG and DPS.

    Thanks again, guys.


    Shameless Sig Plug: Practical Tactical Training - The Best CHL class value in Southern New Mexico. PM me for details or call 575-520-8888

  11. #11
    Regular Member
    Join Date
    Apr 2010
    Location
    Las Cruces, NM
    Posts
    114

    Here's some California AG info

    Not trying to make California out to be a leader in progressive handgun laws (it's not), but the AG's office does have some helpful info on handgun laws. The booklet comes from former AG and current California Governor Brown. I've seen similar info at other state AG websites, but you might want to refer our AG's office here:

    California AGs Opinion Booklet
    http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

    California AG's FAQs
    http://caag.state.ca.us/firearms/pubfaqs.htm

  12. #12
    Regular Member
    Join Date
    Jul 2007
    Location
    , South Carolina, USA
    Posts
    2,247
    If you find that statute I please post it as I would like to see how it is worded and maybe get it passed here. I expect that it is more of an interpretation of case law somewhere that is one of those things that goes on for so long almost everyone thinks it is fact. I can also see how this could open up all kinds of problems every which way such as just what can you do in your car if it is your home. Is your car taxed as a home or a vehicle? Do you need a license to drive a house?

    One thing that would disturb me is a CCW instructor passing that information on as absolute fact unless he can verify it completely and the way it was reported is that it applied to more than just guns. That would be the big thing as just what does it apply to. I can see how some judge or AG may have made the comment that a car is simillar to a home concerning guns in some cases and someone else just heard part of it and ran with it.

    If you find out be sure to post it.

  13. #13
    Regular Member
    Join Date
    Feb 2011
    Location
    Las Cruces, New Mexico
    Posts
    242
    Quote Originally Posted by PT111 View Post

    One thing that would disturb me is a CCW instructor passing that information on as absolute fact unless he can verify it completely and the way it was reported is that it applied to more than just guns.
    Yup, I don't teach anything to anybody about gun laws unless I can back it up somehow. I'd rather teach less and have it all be correct than to pass around bad information and land somebody in prison.

    I'll definitely post here when I find something one way or the other.

  14. #14
    Regular Member
    Join Date
    Nov 2010
    Location
    Albuquerque, NM
    Posts
    21
    Quote Originally Posted by AH.74 View Post

    You can bet there is more to the story than just that. Do you have any links?

    Practical- to answer your question directly, I also have seen it no where in the rules or statutes. I believe it has come to be a common understanding along the lines of "if it's not specifically illegal then it is legal." So, because there are no specific limitations as to what you cannot do in your vehicle, as private property it is equal to no limitations in your private home.
    http://www.kob.com/article/stories/S2032442.shtml

  15. #15
    Regular Member
    Join Date
    Oct 2008
    Location
    , ,
    Posts
    454
    And there you have it. The guy was drunk and crashed his car, this was not "just" an arrest involving someone carrying/possessing in their car.

  16. #16
    Regular Member
    Join Date
    Oct 2008
    Location
    , ,
    Posts
    454
    Quote Originally Posted by PT111 View Post
    Is your car taxed as a home or a vehicle? Do you need a license to drive a house?
    At the very least this shows you know nothing about NM vehicle tax or lack therof. The second part I won't even comment on.

    There are not disproportionate problems in this area or it would be much more prominent an issue in case law.

  17. #17
    Regular Member
    Join Date
    Feb 2011
    Location
    Las Cruces, New Mexico
    Posts
    242

    AG Office No Help

    I talked to the Attorney General's office, and they weren't of any help. They said my best bet would be to talk to DPS

Posting Permissions

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