• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Open Carry rendered somewhat useless?

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA

JamesB

Regular Member
Joined
Jan 13, 2010
Messages
703
Location
Lakewood, Colorado, USA
It is clear that the law applies to a license for an establishment that dispenses alcohol for consumption on the premises.

http://www.lexisone.com/lx1/caselaw...=ejEb.eCga.aadj.ebEj&searchFlag=y&l1loc=FCLOW

Sorry to have to chime in here, but I sat through and read this case that you provided. Informative, but not on the topic it was used for.

Had you read your own linked case, you would find..."the statute intends that a person possessing a firearm refrain from entering a liquor establishment. It places the burden upon such person to ascertain whether he or she is entering an establishment with a liquor license." Nowhere in such case does it provide any discrepency, or distinction between on-site or off-site consumption.
 
M

mattwestm

Guest
OCDO might want to change their map for New Mexico concerning restaurant carry. According to the map, it is legal to carry in places that serve and sell alcohol.
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
OCDO might want to change their map for New Mexico concerning restaurant carry. According to the map, it is legal to carry in places that serve and sell alcohol.

It is legal, in beer and wine establishments- not places that serve liquor though. There are two distinct types of licenses.
 
M

mattwestm

Guest
It is legal, in beer and wine establishments- not places that serve liquor though. There are two distinct types of licenses.

OK, so you can only CC in places that serve and/or sell only beer or wine? Assuming liquor is sold in grocery stores in NM, that makes them off limits to carry of any kind?
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
OK, so you can only CC in places that serve and/or sell only beer or wine? Assuming liquor is sold in grocery stores in NM, that makes them off limits to carry of any kind?


Yes, only those places afa dining establishments go.

No, stores are legal to CC no matter what they sell for offsite consumption, but not to OC.

Link to the law right at the top: http://www.dps.nm.org/lawEnforcement/ccw/index.php
 

Makarov

Regular Member
Joined
Jul 19, 2008
Messages
227
Location
Dayton, Ohio, USA
Dispensing means...opening the bottle and pouring it into a container.

Gosh...the law is clear. You can open carry or conceal carry in any place that sells alcohol. If they are selling, dispensing, and consuming, then you are in a bar or a resatuarant that has a permit to do so. Its the same in Ohio. Oh wait that just changed with the new law. In Oct 1st we can carry in bars.
 

castiel

Regular Member
Joined
Feb 26, 2010
Messages
85
Location
Las Cruces, New Mexico, USA
Gosh...the law is clear. You can open carry or conceal carry in any place that sells alcohol. If they are selling, dispensing, and consuming, then you are in a bar or a resatuarant that has a permit to do so. Its the same in Ohio. Oh wait that just changed with the new law. In Oct 1st we can carry in bars.

WRONG!

Stop posting misinformation in the NM forum without knowing NM laws!

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
 
Last edited:

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
Gosh...the law is clear. You can open carry or conceal carry in any place that sells alcohol.

Yes, it's clear...but apparently not to you. In New Mexico you CANNOT open carry AT ALL, EVER, PERIOD END OF STORY, in ANY alcohol establishment. NO OPEN CARRY!!!!!!!!

CC ONLY in Beer and Wine Establishments or places that sell for offsite consumption, with PERMIT ONLY.

I wish people would actually read these threads before posting in them.
 
Last edited:
Top