NM Resident & CCW Holder, also Florida CCW

[newmex999]

I have been trying to find out the answer to this question and have not gotten a satisfactory response from NM DPS CC Unit:

As a NM concealed carry holder, I am currently limited to carrying no bigger then what I qualified with (.380). However Florida has no limitations on bore you can carry once you are permitted.

So here is the question- can I legally concealed carry in NM a bore larger the .380 because I also hold a Florida permit?

Thanks

 

[AH.74]

I am going to say no, you can't.

Since you hold a NM license as a state resident that is your "primary" license- that is the standard which law enforcement is going to hold you to. I do not think it is safe to assume otherwise. If you only held the FL one, you may have a better chance of making the argument.

If you want to be able to carry a larger caliber, why not just go through the process to do so and have your NM license updated?

 

[newmex999]

If that's the case, the why doesn't DPS actually say that? I think they don't really know and that's why I am getting the run around.

Also, if what you say is true, then I am better off letting my NM license expire and just carry under the FL permit.

I am going to say no, you can't.

Since you hold a NM license as a state resident that is your "primary" license- that is the standard which law enforcement is going to hold you to. I do not think it is safe to assume otherwise. If you only held the FL one, you may have a better chance of making the argument.

If you want to be able to carry a larger caliber, why not just go through the process to do so and have your NM license updated?

 

[Grapeshot]

If that's the case, the why doesn't DPS actually say that? I think they don't really know and that's why I am getting the run around.

Also, if what you say is true, then I am better off letting my NM license expire and just carry under the FL permit.

Except that your NM permit is in accordance with NM law and not subkect to arbitrarily becoming void.

Reciprocity permits are a nebulous thing at best - point of fact, the reciprocity with Florida and Virginia was suspended for a while about a year ago. Where that to happen again, you would then have no valid permit.

 

[WalkingWolf]

Except that your NM permit is in accordance with NM law and not subkect to arbitrarily becoming void.

Reciprocity permits are a nebulous thing at best - point of fact, the reciprocity with Florida and Virginia was suspended for a while about a year ago. Where that to happen again, you would then have no valid permit.

Not to mention the fact that even with a out of state permit you must follow the laws of that state. If you are limited to caliber by your training, you will still be limited. Especially if you used your NM training to get the FL permit.

 

[AH.74]

Also, if what you say is true, then I am better off letting my NM license expire and just carry under the FL permit.

No, you are best off making arrangements with an instructor to go through qualification for the caliber you want to carry, and getting that added to your license. That is really the best thing for you to do, and isn't that difficult or complicated.

 

[MAC702]

This is a good question. IANAL.

I wondered the same thing back when I received my first UT permit. At that time, NV recognized UT permits, including for its residents. While NV permits had the make and model of your firearms on the permit at that time, the UT permit allowed any firearm. I think you would have been able to carry any firearm and if it wasn't listed on your NV permit, you could use the UT permit, which covered all firearms. This is moot now, as we don't accept UT permits, and NV residents can now only conceal with a NV permit.

I've never heard of a "primary permit" argument before.

I also know nothing about NM laws, but I think you have a really good question.

 

[Grapeshot]

This is a good question. IANAL.

I wondered the same thing back when I received my first UT permit. At that time, NV recognized UT permits, including for its residents. While NV permits had the make and model of your firearms on the permit at that time, the UT permit allowed any firearm. I think you would have been able to carry any firearm and if it wasn't listed on your NV permit, you could use the UT permit, which covered all firearms. This is moot now, as we don't accept UT permits, and NV residents can now only conceal with a NV permit.

I've never heard of a "primary permit" argument before.

I also know nothing about NM laws, but I think you have a really good question.

It is a question that can likely only be answered by a NM judge. Wonder if the OP knows anyone willing to step forward and be the test case?

I would anticpate that the NM legislature would move to do as NV did and require that residents can only CC with an in-state permit while physically in their home state. Pushing something like this generally gets the door slammed in your face - goes against legislative intent.

 

[MAC702]

It is a question that can likely only be answered by a NM judge....

I agree. I totally forgot my second train of thought, which is pretty much summed up by your post! It may not be illegal in the end (and that is how I would bet), but it may not be worth finding out.

 

[JoeSparky]

Does NM have ANY law stating that non-resident permits issued to NM residents are limited or not recognized?