Open carry is NOT legal at Walmart!

I never knew Wal-Mart or anyone else who was licensed to sell alcohol was off limits to OC.


NMSA 30-7-3(A)(4)(a), which states (summarily):

A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:

(4). by a [duly licensed] person carrying a concealed handgun...on the premises of:

(a). a licensed establishment that does not sell alcoholic beverages for consumption on the premises...

So, as long as I am in possession of my valid CCW license, I can carry concealed into Wal-Mart, Albertsons, Walgreens, Pic Quik, etc.


Furthermore, NMSA 30-7-3(A)(4)(b), which states (summarily):

A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:

(4). by a [duly licensed] person carrying a concealed handgun...on the premises of:

(b). a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises...

So, that pretty much includes (??) Applebee's, Chili's, Olive Garden, etc. because I'm more than certain that they make at least 60% of their AGR from food sales (unless, of course, they post "conspicuous" signs at all public entrances, or verbally inform you, stating no firearms are allowed).

This would EXCLUDE (I'm sure) places like: High Desert Brewery, Jose Murphy's, etc. Obviously, bars are out of the question.

Master Bratac- you can't make assumptions about the restaurants. Applebee's and Chili locations often have bars in them. Olive Garden may serve liquor, I'm not sure about that. But the point is, you need to err on the side of safety just in case.

Here is a link to more information. Included on this page is a link to the NM Regulation and Licensing Dept and instructions on how to use it, to search for types of licensed establishments.

http://www.nm-ccw.com/Beer&Wine.html

As I am fond of saying- when in doubt, STAY OUT. Call the place ahead of time or even from their parking lot to make sure, before you go inside.

The point is- be careful.

This contradict itself...

I am from CO, here in NM at this time visiting family. Read this because fellow OCer's in CO have had problems at Wal Marts there. Corporate Wal-Mart says depending on the laws of the state and city the store is in dictate the gun control. I see that in NM "restaurant carry" (restaurants that serve alcohol) IS LEGAL. This being true, how is it illegal to open carry at an establishment this has alcohol sold for consumption off of it's premise? Also, in CO I have personally never had any problems in Wal-Mart or and store of the such that sells alcohol for consumption OFF premise. Likewise, I have also OCed at Texas Roadhouse, establishment that liquor beer wine etc. And no problems again there.

kylerossi said:

I am from CO, here in NM at this time visiting family. Read this because fellow OCer's in CO have had problems at Wal Marts there. Corporate Wal-Mart says depending on the laws of the state and city the store is in dictate the gun control. I see that in NM "restaurant carry" (restaurants that serve alcohol) IS LEGAL. This being true, how is it illegal to open carry at an establishment this has alcohol sold for consumption off of it's premise? Also, in CO I have personally never had any problems in Wal-Mart or and store of the such that sells alcohol for consumption OFF premise. Likewise, I have also OCed at Texas Roadhouse, establishment that liquor beer wine etc. And no problems again there.

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It's illegal because it says so in the law. In short:
No open carry allowed in any place that sells any type of alcohol
Concealed carry is allowed in places that sell alcohol for consumption offsite
Concealed carry is allowed in restaurants that sell only beer and wine (no hard liquor).

The full text of the laws:

30-7-3. Unlawful carrying of a firearm in licensed liquor establishments.
A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:
(1) by a law enforcement officer in the lawful discharge of the officer's duties;
(2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978] acting in accordance with the policies of the officer's law enforcement agency;
(3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;
(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [29-19-1 NMSA 1978] on the premises of:
(a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;
(5) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;
(6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or
(7) for the purpose of temporary display, provided that the firearm is:
(a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and
(b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.
B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

And also:

NMSA 1978 60-3A-3(H): “dispenser” means a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person’s possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises


NMSA 1978 60-3A-3(M): “licensed premises” means the contiguous areas or areas connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the structure and the grounds and vineyards of a structure that is a winery that are under the direct control of the licensee and from which the licensee is authorized to sell, serve or allow the consumption of alcoholic beverages under the provisions of its license; provided that in the case of a restaurant … “licensed premises” includes all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course or racetrack;

kylerossi said:

I see that in NM "restaurant carry" (restaurants that serve alcohol) IS LEGAL. This being true, how is it illegal to open carry at an establishment this has alcohol sold for consumption off of it's premise?

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Because until last year, it was not just illegal, but a felony to carry at all, open or concealed, anywhere alcohol was sold. They made no distinction between on- or off-premises consumption.

They amended the law, but only for licensed concealed carry.

Great points. Excellent information. I travel alot and it is sometimes very hard to read though the govt websites, but to find someone who has and verify. Thanks.

Wow sounds like New Mexico has horrible OC laws. In Michigan OC in any place that has any liquor license and many other places is illegal if you don't have a CPL. But once you get your CPL you can open carry in all those places and in pretty much all the concealed pistol free zones.

And here I though NC had some dumb laws... You guys there should petition the churches to get them ramped up against the evils of alcohol sales in stores and restaurants, except for ABC stores. Convince the clergy of the evils of alcohol and places of business were crimes might be committed, and children might be present. When it comes to selling booze watch how fast places like Wally World will lobby for changing the firearm laws once they know who is behind putting a damper on one of their big profit items. Big business can put skews to politicians in places that we cannot.

I have thought about it here to see if I could get my church to push for no alcohol sales in restaurants that serve children. That would pretty much solve our OC in restaurants problem.

New Mexico does not have "horrible" or "dumb" OC laws.

This state has a history of alcohol issues, especially when it comes to the Native American populations. There are several of those, some of them much larger than almost anywhere else. I believe that had a lot to do with the way the laws were considered for construction.

Each state is different, for good reason. There's no need to knock something if you don't understand or agree with it.

Not being able to OC in alcohol establishments is not really such a huge big deal anyway. It's certainly not the end of the world, which is what some of you make it sound like from your reactions.

AH.74 said:

New Mexico does not have "horrible" or "dumb" OC laws.

This state has a history of alcohol issues, especially when it comes to the Native American populations. There are several of those, some of them much larger than almost anywhere else. I believe that had a lot to do with the way the laws were considered for construction.

Each state is different, for good reason. There's no need to knock something if you don't understand or agree with it.

Not being able to OC in alcohol establishments is not really such a huge big deal anyway. It's certainly not the end of the world, which is what some of you make it sound like from your reactions.

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Don't mean to rip on NM but not being able to OC in any place with any liquor license sucks because it includes so many places. I have to go by that law here in Michigan. And really that's where I go frequently. Stores and restaurants that sell alcohol are all over the place and not being able to carry there really does suck. I realize you can CC in a place that sells but has no on site consumption but still that means you can't carry in most restaurants and I find when I do go out I normally go to places like that.

xmanhockey7 said:

Don't mean to rip on NM but not being able to OC in any place with any liquor license sucks because it includes so many places. I have to go by that law here in Michigan. And really that's where I go frequently. Stores and restaurants that sell alcohol are all over the place and not being able to carry there really does suck. I realize you can CC in a place that sells but has no on site consumption but still that means you can't carry in most restaurants and I find when I do go out I normally go to places like that.

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I completely agree that it sucks, and it was a very good change last year when the new law went into effect allowing CC into some places.

But it doesn't suck so bad that it really affects me negatively. I just work around the laws is all. The one situation where it has the biggest negative effect is if I happen to be out on the motorcycle- in those instances it isn't possible to secure the gun inside a vehicle, so I need to work around the laws "even more so." However, it still isn't so bad that it makes things too unreasonable to make other arrangements.

AH.74 said:

This state has a history of alcohol issues, especially when it comes to the Native American populations. There are several of those, some of them much larger than almost anywhere else. I believe that had a lot to do with the way the laws were considered for construction.

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Ahhhh I see it is not the laws but the fault of us NA Indians. Well we have considerable NA population, and ya know we are not drunks, thank you very much.

BTW Alaska also has a large percentage of NA and they are one of the least restrictive states.

WalkingWolf said:

Ahhhh I see it is not the laws but the fault of us NA Indians. Well we have considerable NA population, and ya know we are not drunks, thank you very much.

BTW Alaska also has a large percentage of NA and they are one of the least restrictive states.

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Did I say it was anyone's FAULT?

Did I say anyone was a bunch of DRUNKS?

NO, I indicated it was my OPINION that a history of alcohol issues IN THIS STATE had something to do with the construction of the laws.

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AH.74 said:

Did I say it was anyone's FAULT?

Did I say anyone was a bunch of DRUNKS?

NO, I indicated it was my OPINION that a history of alcohol issues IN THIS STATE had something to do with the construction of the laws.

Don't be such an ass.

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You clearly stated that it was because of Native Americans. Gun laws in this country began as a result of racism, to keep guns out of the hands of former slaves. Though I highly doubt that the legislators enacted this legislation just because of Native Americans with a alcohol problem, it still is a dumb law. I won't be a ass if you won't be a racist.

WalkingWolf said:

You clearly stated that it was because of Native Americans. Gun laws in this country began as a result of racism, to keep guns out of the hands of former slaves. Though I highly doubt that the legislators enacted this legislation just because of Native Americans with a alcohol problem, it still is a dumb law. I won't be a ass if you won't be a racist.

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You are full of crap, and trying to instigate. I most certainly did not say that. It is no secret that the Native American populations have struggled with prevalent alcohol problems.

If you think the laws here are "dumb" don't come here. No loss for us.

I am no racist, COMMENTS REMOVED BY ADMINISTRATOR: Personal attack

AH.74 said:

You are full of crap, and trying to instigate. I most certainly did not say that. It is no secret that the Native American populations have struggled with prevalent alcohol problems.

If you think the laws here are "dumb" don't come here. No loss for us.

I am no racist, COMMENTS REMOVED BY ADMINISTRATOR: Personal attack

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AH.74 said:

Not being able to OC in alcohol establishments is not really such a huge big deal anyway. It's certainly not the end of the world, which is what some of you make it sound like from your reactions.

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Let's change this statement a touch just too see how acceptable it is:

"Not allowing jews in alcohol establishments is not really such a huge big deal anyway. It's certainly not the end of the world, which is what some of you make it sound like from your reactions."

Any infringement on freedoms, even for a purported good reason is an infringement on freedoms.

WalkingWolf said:

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So, you don't agree that Native American populations have struggled with alcohol problems?


You know, in Alaska, many of the native villages and towns completely outlaw alcohol.

wrightme said:

So, you don't agree that Native American populations have struggled with alcohol problems?


You know, in Alaska, many of the native villages and towns completely outlaw alcohol.

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AH.74 said:

You are full of crap, and trying to instigate.

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Yep.

AH.74 said:

I most certainly did not say that.

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Correct. I don't think that will stop him from misrepresenting it as something he wants to argue against.

AH.74 said:

It is no secret that the Native American populations have struggled with prevalent alcohol problems.

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Also correct. It isn't good, but it is reality.

AH.74 said:

If you think the laws here are "dumb" don't come here. No loss for us.

I am no racist, but you are still an ass.

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+1