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Thread: City laws

  1. #1
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    City laws

    I'm pretty sure I already know the answer to this question, but I want to make sure. I recently visited a public park maintained by the city of Las Cruces and on the sign with the list of prohibited activities it also said no firearms. I was under the impression that cities in New Mexico have no authority to regulate where we can carry. Straight from the NM constitution (Article II Section 6) states:

    "No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

    So, city signs that say no firearms have no legal bearing. We can carry open or concealed with a permit, right?

  2. #2
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    castiel:

    The City of Las Cruces is Preempted by Operation of The State of New Mexico Constitution.

    aadvark
    Last edited by aadvark; 04-09-2011 at 01:31 PM.

  3. #3
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    The only thing they can regulate is the unjustified discharge of firearms.

    The law on that is:
    Sec. 19-164. Prohibited use of weapons and firearms.

    (a) It shall be unlawful for any person to:

    (1) Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate city limits.

    (2) Discharge any air rifle, air pistol or BB gun within the corporate city limits.

    (3) As parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.

    (4) Carry a firearm while under the influence of an intoxicant or narcotic.

    (5) Endanger the safety or security of another person or his property by handling or using a firearm or other deadly weapon in a negligent manner.

    (b) Subsection (a)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle, or other firearm in any firing range that meets all other standards imposed by law. Regulations concerning such standards shall be promulgated by the police department and the police department shall be responsible for their enforcement.

    (c) Subsection (a)(2) of this section shall not apply to air rifles, air pistols and BB guns that are discharged on ranges which meet the safety standards established by the police department. Ranges meeting these safety standards may be established in publicly or privately owned buildings, including residential dwellings. These firing ranges meeting safety standards must be approved by the police department. These firing ranges shall be subject to inspection by the police department.

    (d) It shall be unlawful for any person under the age of 18 years to discharge or fire any firearm or airgun, as outlined in subsections (b) and (c) of this section, unless supervised by an adult.

    (e) Subsections (a)(1) and (a)(2) of this section shall not apply to any authorized police or peace officer discharging any weapon or firearm in the lawful pursuit of duty.
    (Code 1988, 21-104)
    They also have this, but it is of no force because of the constitution:
    Sec. 19-163. Unlawful carrying of a deadly weapon.

    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, while traveling;

    (3) By a police officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act, NMSA 1978, 29-7-1 et seq.; or

    (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 in 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.
    (Code 1988, 21-103)
    -------------------
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  4. #4
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    I was 99% sure that was the case but just wanted to make sure.

    Thanks everyone.

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