Link to the Alamogordo story
http://www.examiner.com/x-2782-DC-G...police-pay-21000-to-settle-open-carry-lawsuit
The fella in Alamogordo, was Matthew St John, perhaps this will help your search.
I read the article yesterday, online, about the man in Cruces.
While I'm not condoning, nor disagreeing with what took place, I believe that if a person is intoxicated, impaired due to drugs, whether legal, or illicit, or is perhaps clinically mentally shortchanged, then all bets are off in regards to legal open carry in the state. That under those circumstances, carry becomes a felony charge.
As to what legal rights you then have, when under suspicion of the above, I then am not sure what procedures that NM DPS has to initiate?
Are you then automatically arrested for such, or just detained temporarily?
In Matthew St John's case, it was evidently clear that his rights were violated, as a court of law came to a settlement in his favor against the city of alamogordo.
I've never attended a movie at this theater, and probably never will, not because of the Mr St John incident, but because the Aviator 10 theater seems to be nothing more than a haven for car burglars. Apparently no security, or even a cam.
But you can best believe there's signs every 10' with a gun sign, with a slash through it.
http://www.examiner.com/x-2782-DC-G...police-pay-21000-to-settle-open-carry-lawsuit