Thread: Unloaded Concealed Carry
I've been open carrying for about a year and I would much rather concealed carry. The problem is that I just turned 20. I understand that the law makes provisions to not "prevent the carrying of any unloaded firearm", and I would rather bite the bullet and take the 6 extra seconds to load my XD then open carry.
Is this legal in New Mexico?
- 55% of gunfights take place 0-5 feet.
- 20% of gunfights take place in 5-10 feet.
- 20% of gunfights take place in 10-21 feet.
- 95% of gunfights take place in 0-21 feet. (Source- FBI)
- The average man can cover 21 feet of ground in 1.5 seconds.
- The average man cannot draw a gun from concealment in under 2 seconds.
- The average gunfight is over in 3-5 seconds.
Old and treacherous will beat young and skilled every time.
Last edited by JamesCanby; 06-09-2011 at 07:24 AM.
I should contact this site and tell them they're wrong. Look at the last part, that's what I saw yesterday.
OC is just not appropriate in some places as we all know. I would much rather have a hidden gun that I can load in a few seconds that be unarmed. I don't buy the 1.5 seconds argument. Any potential fear that seems like a Yellow or Orange alert gives you much more than 6 seconds. Only at Red Alert are you ready to shoot.
Click the state and you will find everything you ned to know. Basically, anywhere you can open carry you can conceal carry unloaded without a permit. Anywhere with any kind of alcohol is a felony (most gas stations and grocery stores and Super Walmarts for example).
*He's not old enough, yet, to apply for a CCW license in this state
* He can carry concealed in this state without a permit by having it unloaded, which is his prerogative and which he wants to do
*He does not want to carry open in certain situations and by carrying unloaded it gives him another option
*He has his gun on him, which is better than not having his gun on him
Carrying an unloaded gun is still better than carrying no gun at all. But, then again, a brick would be even better, you CAN carry the brick in a place that serves alcohol!
There are over 4,000 defensive uses of a gun in the US daily, and in over 90% of cases the gun is never fired. If an attacker sees you loading a gun, it is highly improbable that they will continue the attack.
According to 30-7-2, unloaded carry of a concealed firearm is legal, but other laws such as 30-7-3 still apply.
Also keep in mind that 'unloaded' is not defined anywhere. It's best to be as unloaded as you can be by not having any rounds touching the gun.
I personally would not carry a revolver in this manner, but a semi auto can be loaded a little faster than a magazine change. Just keep the mag near your weak hand in a pocket or pouch.
Also keep in mind that retention can be an issue, as the gun must be held in one hand while the other retrieves and loads the magazine. Keep it close to the body and be prepared to make evasive maneuvers while loading.
Thank you for the actually on topic, informative replies.
I was really seeking confirmation on my interpretation. All evidence points to the legality of concealed, unloaded handgun carry.
I was actually told this by a police officer. While he wasn't sure about the legality, he mentioned that having a loaded magazine in close proximity, such as in the same pocket during pocket carry, is essentially the same thing as a loaded firearm simply because its very possible that you could have released the mag in-pocket.Also keep in mind that 'unloaded' is not defined anywhere. It's best to be as unloaded as you can be by not having any rounds touching the gun.
He also said when he worked in california, it was popular to carry your unloaded weapon in a locked zip-up binder. pretty peculiar.
I've been keeping the magazine in a harmless looking leatherman pouch on my weak side and the pistol in a IWB on the strong side. I think next time I hit the range I'm going to work on some draw drills to build muscle memory.I personally would not carry a revolver in this manner, but a semi auto can be loaded a little faster than a magazine change. Just keep the mag near your weak hand in a pocket or pouch.
That's like saying somebody who is open carrying 'could have' uncovered the gun when the cop wasn't there. Or that an openly carried gun could potentially become concealed if your jacket fell over it.
Don't ask cops for legal advice.
Before getting my CCW, I carried open loaded AND carried concealed unloaded, just with nothing in the chamber. I've gotten some hassle from cops in the past for this, but as long as you don't have a magazine in your gun (or rounds in the cylinder if you own a revolver) then TECHNICALLY the police can't do anything about it. Conceal carry laws apply to CONCEALED LOADED firearms. If you remove the ammunition from the equation, then it doesn't apply.
hello, came across this forum post in my research...
i am 20 and want to carry my firearm as legal as i can... however i dont like open carry for defensive purpose... the bad guys know you have a gun and can choose to shoot you first..
on the other hand i have a year before i can get my CCW
can anyone clarify if its legal to conceal carry a unloaded firearm with no CCW?? if i can then how do i find what NM considers loaded? i could not find a definition of what new mexico considers a loaded firearm?
unloaded can mean 1.. no round chambered
or 2... no magazine in gun and no round chambered...
ps i have a semi automatic gun... no revolver.
Also, if you are attacked while concealing an unloaded firearm, exactly what do you hope to do? Ask the attacker to please wait while you retrieve your firearm from concealment and load it?
I am currently researching New Mexico law for you, which you could do just as easily as posting on this forum:
I can't find anything in New Mexico statute or jury instructions that defines loaded or unloaded. The standard definition of unloaded means that no ammunition is present anywhere in the gun. Some states go beyond that, to specifically define loaded as any ammunition NEAR the gun.
This is confirmed by:
Here is your New Mexico statute:What Does NM Consider A Loaded Firearm?
New Mexico law does not define Loaded. Its firearm laws are full of the word Loaded or Unloaded but does not give a definition.
Given this:30-7-2. Unlawful carrying of a deadly weapon. (2001)
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.
my personal choice would be to carry a firearm that was in a mode ready to be used immediately to defend myself with, rather than in a mode where not only would I have to retrieve it from concealment, but I would also have to prepare it for use, meanwhile a criminal is threatening to imminently end my life or the life of another victim.Summary
New Mexico is one of our “Gold Star” open carry states. There is complete state preemption of all firearms laws, open carry is increasingly common and law enforcement is well educated as to its legality. In addition, New Mexico has an extended domainlaw which effectively makes your vehicle an extention of your home. So you may carry openly or concealed in your vehicle.
Last edited by NavyLCDR; 07-18-2013 at 11:11 PM.
Zimmerman would be dead if his handgun wasn't chambered.
Blue & Gold Firearms Training; Clark County, NV
"It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip
As Grapeshot already pointed out, can you rack the slide with one hand? What if the bad guy has one of your hands/arms incapacitated? Or, what if you just want to use your weak arm to push the bad guy away from you, or push your family/other person away to safety?
What if your gun jams on loading? Have you practiced loading your gun under the pressure/adreniline of a life or death situation? Personally, I would rather deal with a jam in the relative safety of my home where I can load the gun calmly, take extra steps to ensure the round chambered correctly, and if the gun jams to take the time to correct the jam and determine why it occurred.
So my question is....do the disadvantages of open carry that you perceive to exist, of which there are no examples of happening in real life, outweigh the disadvantages of carrying a gun that not only will the motion of drawing from concealment place the bad guy on high alert, but you will also have to load before you can shoot, and hope for no equipment failures.
my gun has steel sights so it is possible to rack the slide with one hand on my belt, i have seen a few different people do it on youtube, and i have practiced this as well...
dont get me wrong i like the thought open carry and if your comfortable with it thats great it is a god given right to bear arms, and in my opinion that means openly or concealed.