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I'm in a debate with a cop

Buniak383

Regular Member
Joined
Mar 17, 2011
Messages
17
Location
Rio/Albuquerque NM
Over the Legality of someone at the age of 19 carrying a firearm in New Mexico.

My reference was New Mexico State Statute 30-7-2.2 Which states anyone over the age of 19 may possess a firearm: http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

They then send me this as a retort. the Federal laws pertaining to Handguns/Rifles: http://www.nraila.org/gunlaws/federal/read.aspx?id=60

To me the above link states that anyone under 21 can't buy a handgun from a federally licensed dealer, but not about carrying/possessing a handgun.

Can anyone clarify who is in the right and wrong here? Need the facts on this one...
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
can not speak on NM laws and IANAL, but with a quick search i found this from wiki ( need to verify)

Sales between individuals


  • Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state.[8] Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence.[8] Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)
there are several threads on this subject in this site and also lots on anti rights sites on the mis-named "gun show loop hole" ( it is actually " rights of the citizens" )
 

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
You are right regarding Federal Law. 18-20 year olds can not buy from a FFL, but can by from private parties according to Federal Law. I have no idea about NM laws though.

In NC, several 18-20s OC regularly.
 

dcmdon

Regular Member
Joined
Mar 30, 2009
Messages
469
Location
Old Saybrook, CT
Based on Federal law, your cop friend is wrong. A 18 yr old can own, possess and carry a long gun.

Based on this: http://www.nraila.org/statelawpdfs/NMSL.pdf

There is no NM law that would prevent a 19 year old from owning, possessing, and carrying a long gun.
The NM law specifically refers to pistols. Remember, in this country, laws tell us what we can't do. If the law is silent on something, then it is legal.

This is just another example of why you should never take a cop's word about what is legal and what is illegal. Most don't know the law.

Don
 

MikeTheGreek

Regular Member
Joined
Mar 29, 2011
Messages
590
Location
Northville, Michigan
Not sure about NM, but in Michigan, you can't buy a handgun until you're 21. BUT, if you're over 18, and buy one from a friend, private dealer, or somebody gives it to you as a gift, it's perfectly legal to own, and carry (open of course). I would think the laws are the same in NM, the law looks like it's the same.
 

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
I think the LEO(as are most people) about the 21 thing,most states allow under 21 to own handguns,but they must be done through private transfers.
Most people(at least,this is my view) read/hear the "under 21 cannot buy handguns from a dealer"(or are just not told about the "from a dealer portion") and only end up remembering "under 21 cannot buy handguns"

the question is,does NM allow private handgun transfers,do they have a 21 minimum age for private transfers? if they allow private transfers and the law allows for -21 to buy handguns,then you should be good to go.

18 here,and i have handguns legally,but thats on the opposite side of the country from you.
 

Buniak383

Regular Member
Joined
Mar 17, 2011
Messages
17
Location
Rio/Albuquerque NM
Thanks for all the info and support guys. The thing I'm worried about is being pulled over by Her or one of the cops on her shift. (She is the Sergeant.) She seems pretty set in her ways saying her experience in the field trumps whatever I have to say, even though I had documentation so prove it.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
Over the Legality of someone at the age of 19 carrying a firearm in New Mexico.

My reference was New Mexico State Statute 30-7-2.2 Which states anyone over the age of 19 may possess a firearm: http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

They then send me this as a retort. the Federal laws pertaining to Handguns/Rifles: http://www.nraila.org/gunlaws/federal/read.aspx?id=60

To me the above link states that anyone under 21 can't buy a handgun from a federally licensed dealer, but not about carrying/possessing a handgun.

Can anyone clarify who is in the right and wrong here? Need the facts on this one...
Apples and Oranges....

yep, someone 19 or older CAN possess/carry but in order to PURCHASE from an FFL they must be 21 or older!
 

Buniak383

Regular Member
Joined
Mar 17, 2011
Messages
17
Location
Rio/Albuquerque NM
I think I'm going to need to get a printer. Going to print out all the information you guys have given me and anything else I can find. Next time I see her, I'll have physical evidence to prove what I'm saying is correct.

Instead of this time where it was just going back and forth saying things that sounded like they were quoted from an official document. (This was over the phone. I reference state statute and what not, but she said her experience made her more knowledgeable and therefore she was right)....
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Over the Legality of someone at the age of 19 carrying a firearm in New Mexico.

My reference was New Mexico State Statute 30-7-2.2 Which states anyone over the age of 19 may possess a firearm: http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

They then send me this as a retort. the Federal laws pertaining to Handguns/Rifles: http://www.nraila.org/gunlaws/federal/read.aspx?id=60

To me the above link states that anyone under 21 can't buy a handgun from a federally licensed dealer, but not about carrying/possessing a handgun.

Can anyone clarify who is in the right and wrong here? Need the facts on this one...

Do NOT rely on the NRAILA for current and correct representations of gun law. They admit that what they post for the law is skewed based on their political agenda and will not be corrected. As a matter of fact, when I pointed out the errors the posted in regards to Alabama law, I was asked if I was a member. When I said no, I was informed that what I had to say would be ignored.
 

Buniak383

Regular Member
Joined
Mar 17, 2011
Messages
17
Location
Rio/Albuquerque NM
Definitely good to know! Thanks eye95.

Also I found this during my search, I found the GCA of 1968. I was wondering if this was still the standard, since it is from 1968. don't know if it's been updated or amended.

Sec 922 Unlawful acts said:
(x) (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile:

(A) a handgun;or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to knowingly possess:

(A) a handgun;or

(B) ammunition that is suitable for use only in a handgun.
...
(5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Never debate with a cop! Or a judge, or the guy next door! Find the law, or accumulate enough evidence that there is no law against the subject, and present it to them as fact.

Debate used to be just that - te give and take of facts supporting a partuicular point of view. Nowadays it is the expression of emotions and is decided by who shouts loudest and longest. Facts, on the other hand, speak for themselves without needing to have voices raised.

Even better is to ask the other person to accumulate facts supporting their point of view. If they cannot, they are expressing emotions, not reciting facts.

stay safe.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Never debate with a cop! Or a judge, or the guy next door! Find the law, or accumulate enough evidence that there is no law against the subject, and present it to them as fact.

Debate used to be just that - te give and take of facts supporting a partuicular point of view. Nowadays it is the expression of emotions and is decided by who shouts loudest and longest. Facts, on the other hand, speak for themselves without needing to have voices raised.

Even better is to ask the other person to accumulate facts supporting their point of view. If they cannot, they are expressing emotions, not reciting facts.

stay safe.

+1

I have a Cop friend who insists everyone in U.S. has to carry I.D. and he'll cite ya for it if not. I just stopped trying, no matter what facts you presented he insists he's right. I still rib him about it though.
 

OldCurlyWolf

Regular Member
Joined
Sep 8, 2010
Messages
907
Location
Oklahoma
Do NOT rely on the NRAILA for current and correct representations of gun law. They admit that what they post for the law is skewed based on their political agenda and will not be corrected. As a matter of fact, when I pointed out the errors the posted in regards to Alabama law, I was asked if I was a member. When I said no, I was informed that what I had to say would be ignored.

Should have pulled their chain and said "I was until just now".:lol:
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Should have pulled their chain and said "I was until just now".:lol:

I wish I'd thought of that.

I quit the NRA when I tired of their incessant demands for more money. Quitting was the only way to shut them up. At that, it took several months for the mailings to slow to a steady trickle.
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
Thanks for all the info and support guys. The thing I'm worried about is being pulled over by Her or one of the cops on her shift. (She is the Sergeant.) She seems pretty set in her ways saying her experience in the field trumps whatever I have to say, even though I had documentation so prove it.

Her "experience" in no way trumps the laws of your state. If she oversteps her bounds and acts outside of the law and/or violates same under the color of law, burn her butt. This is something that should be nipped in the bud before it grows.
 

dcmdon

Regular Member
Joined
Mar 30, 2009
Messages
469
Location
Old Saybrook, CT
Thanks for all the info and support guys. The thing I'm worried about is being pulled over by Her or one of the cops on her shift. (She is the Sergeant.) She seems pretty set in her ways saying her experience in the field trumps whatever I have to say, even though I had documentation so prove it.

I'm confused. In your original post you said "firearms".

Everyone here has taken that to mean only handguns. Is that what you mean? Because the ability for a 19 yr old to carry a long gun is not even debatable.
 

Buniak383

Regular Member
Joined
Mar 17, 2011
Messages
17
Location
Rio/Albuquerque NM
I'm confused. In your original post you said "firearms".

Everyone here has taken that to mean only handguns. Is that what you mean? Because the ability for a 19 yr old to carry a long gun is not even debatable.

Yes, I meant handguns. The debate started when I told her I wanted to apply as a LEO with the local department and she said I wouldn't be hired, because I wasn't 21 (I turn 20 on Monday.) And she went on to say it's 21 because "You have to be 21 to own a handgun." Which is when I stepped in and corrected her.
 
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