some clarification on open carry in New mexico

[Derlitz]

First, welcome to OCDO.

I can think of situations where it would be, and situations where it wouldn't be.
Need more context.

Okay, without naming the company, a certain popular beverage company has taken the stance to defer the legislation of open/concealed carry to the jurisdictions in which their stores reside. On their Facebook page, there have been many pictures posted of their beverages sitting next to guns. What I'm trying to find out, is if (which is kind of a big "if") these photos were taken inside the store, which is open to the public, was it legal for the owners to remove their weapons from the holsters? Unfortunately, I have to assume the weapons were loaded.

I suppose an easier way to ask would be (without so many assumptions being made): if I was sitting in a ice cream shop in NM, where carrying firearms wasn't banned by management, and I wanted to take a picture of my firearm next to my sundae, would it be legal for me to take my loaded gun from my holster and set it on the table next to my sundae, in full view of the general public, and take a picture?

I hope that clarifies my question.

... And thanks for welcoming me to the forum.

 

[Grapeshot]

Okay, without naming the company, a certain popular beverage company has taken the stance to defer the legislation of open/concealed carry to the jurisdictions in which their stores reside. On their Facebook page, there have been many pictures posted of their beverages sitting next to guns. What I'm trying to find out, is if (which is kind of a big "if") these photos were taken inside the store, which is open to the public, was it legal for the owners to remove their weapons from the holsters? Unfortunately, I have to assume the weapons were loaded.

I suppose an easier way to ask would be (without so many assumptions being made): if I was sitting in a ice cream shop in NM, where carrying firearms wasn't banned by management, and I wanted to take a picture of my firearm next to my sundae, would it be legal for me to take my loaded gun from my holster and set it on the table next to my sundae, in full view of the general public, and take a picture?

I hope that clarifies my question.

... And thanks for welcoming me to the forum.

In general, we strongly recommend not handling your gun unnecessarily when out in public. Leaving it properly holstered and untouched virtually eliminates the posibility of an AD or ND + there will be no misunderstanding your intent.

Then there is the question of what you want to do on someone else's private property. If you want a photo op, then I suggest you ask the management to arrange a convenient time when the store is not open........which is what I suspect your "beverage company" did or the photo may have been photoshopped.

In your imagined scenario there are several possible laws that could be broken depending how you are acting + muzzle control, but at the least it is thoughtless, rude, selfish and potentially unsafe.

Unholster at home, make it safe, and take all of the pictures you want with a sunday or a beverage.

 

[nuc65]

Two things (or 2 cents) is that in NM there are many reservations and the state law is superceded by tribal law on the reservation (You are a guest of the tribe and as such are bound by the same law that governs the land you are standing on). I don't have the current cite but I do know that the police chief of the Isleta tribe mandates that his officers confiscate any weapons they find/see in a traffic stop. They only make stops on NM-47 or state roads, they do not make general stops on I-25. Your concealed carry permit isn't worth anything on a reservation in NM. I am of the opinion (only because I don't have the cite at hand) that any type of carry is not allowed on a reservation in NM unless you are friends with the police chief or a member of the tribe.

Also based on a recent NM Supreme court case (handgunlaw.us has the cite on the NM page since I sent it to them) any traffic stop may result in confiscation for the duration of the stop of your weapon.

I have a vested interest in NM as my original home and I have family there. The police in Bernalillo County and Sandoval County will attempt to abrogate your rights so know them and know the law in NM, or anywhere you are going to carry.

Although, my further personal opinion is that these laws are all reprehensible to the spirit of the 2nd Amendment and Thomas Jefferson was said to have said that any free man should carry.

 

[nuc65]

Okay, without naming the company, a certain popular beverage company has taken the stance to defer the legislation of open/concealed carry to the jurisdictions in which their stores reside. On their Facebook page, there have been many pictures posted of their beverages sitting next to guns. What I'm trying to find out, is if (which is kind of a big "if") these photos were taken inside the store, which is open to the public, was it legal for the owners to remove their weapons from the holsters? Unfortunately, I have to assume the weapons were loaded.

I suppose an easier way to ask would be (without so many assumptions being made): if I was sitting in a ice cream shop in NM, where carrying firearms wasn't banned by management, and I wanted to take a picture of my firearm next to my sundae, would it be legal for me to take my loaded gun from my holster and set it on the table next to my sundae, in full view of the general public, and take a picture?

I hope that clarifies my question.

... And thanks for welcoming me to the forum.

To what Grapeshot says: +1. Such actions as handling your piece in public is unsafe and not well thought out. There is nothing to be gained by posting 'gangsta' style shots. Can and should are usually a matter of maturity.

 

[MKEgal]

is it unlawful to remove your weapon from your holster in public

I can think of situations where it would be, and situations where it wouldn't be.
Need more context.

if I was sitting in a ice cream shop in NM, where carrying firearms wasn't banned by management, and I wanted to take a picture of my firearm next to my sundae, would it be legal for me to take my loaded gun from my holster and set it on the table next to my sundae, in full view of the general public, and take a picture?

Legal? Most likely.
If someone were alarmed you might be charged with disorderly conduct or some such.

Smart? Definitely not.
If it's in your holster it's not going to go bang. People are safe.
If you're handling it, no matter how safe you think you're being, it can go bang.
Where's your safe direction in a restaurant? Can you satisfy the 3 rules?

ETA:
How about setting the holstered pistol by your drink / sundae, or holding the food next to your hip?

 

[PALO]

Okay, without naming the company, a certain popular beverage company has taken the stance to defer the legislation of open/concealed carry to the jurisdictions in which their stores reside. On their Facebook page, there have been many pictures posted of their beverages sitting next to guns. What I'm trying to find out, is if (which is kind of a big "if") these photos were taken inside the store, which is open to the public, was it legal for the owners to remove their weapons from the holsters? Unfortunately, I have to assume the weapons were loaded.

I suppose an easier way to ask would be (without so many assumptions being made): if I was sitting in a ice cream shop in NM, where carrying firearms wasn't banned by management, and I wanted to take a picture of my firearm next to my sundae, would it be legal for me to take my loaded gun from my holster and set it on the table next to my sundae, in full view of the general public, and take a picture?

I hope that clarifies my question.

... And thanks for welcoming me to the forum.

Without even knowing NM law, I agree with the other poster, that this is a collosally bad idea, and very likely to result in criminal charges as well.

Most states have a brandishing type statute and/or disorderly conduct as well that would apply.

In OC states, it's established law that no REASONABLE person need fear a man carrying a gun in a holster.

Taking your gun from your holster would certainly alarm some people REASONABLY, myself included, and frankly... I'm almost willing to say you "deserve" arrest for engaing in such conduct, when members of the public are around. That's the kind of stuff that reflects really badly on OCers (and CCWers). As a "civilian", you don't remove the gun from the holster in any public place (where members of the public are around), apart from when you get home to put it away, at a target range, at a courthouse to place it in a locker , etc. stuff like that. Taking it out and placing it on the counter? VERY bad idea. Even if you asked permission from the store owner and got it, you would still presumably be risking placing customers in (reasonable) fear/alarm.

 

[Derlitz]

In general, we strongly recommend not handling your gun unnecessarily when out in public. Leaving it properly holstered and untouched virtually eliminates the posibility of an AD or ND + there will be no misunderstanding your intent.

Then there is the question of what you want to do on someone else's private property. If you want a photo op, then I suggest you ask the management to arrange a convenient time when the store is not open........which is what I suspect your "beverage company" did or the photo may have been photoshopped.

In your imagined scenario there are several possible laws that could be broken depending how you are acting + muzzle control, but at the least it is thoughtless, rude, selfish and potentially unsafe.

Unholster at home, make it safe, and take all of the pictures you want with a sunday or a beverage.

I agree, whole heartedly. I wouldn't ever handle my firearm in public. There are just a lot of pictures being posted to Facebook from people that contain their handguns next to their favorite beverage, presumably at the venue where the drinks were purchased during business hours. I have no plans on taking such a photo op. I'll wait till I get home and snap the pic if I really wanted such a photo. I was just trying to figure out if those pictures were representing legal actions. I know they weren't representing the safest acts.

Thanks for all the responses. You guys are great.

Edit: The closest I can find to a "brandishing" prohibition in New Mexico is:
"It is unlawful to endanger the safety of another by handling or using a firearm in a negligent manner." (via: http://nraila.org/gun-laws/state-laws/new-mexico.aspx )

 

[NMOCr]

Having grown up on the Navajo Rez during the 1980s and 1990s, my father had an incident with a navajo cop, that violated his civil rights and tried to take his rifle. Eventually the AZ state police showed up when my mother called the US Marshals office and on the authority of a US Marshal (who was in route and deputized the AZ police), the AZ State police actually arrested the Navajo cop(s) that showed up. There were actually living on checkerboard land at the time, so maybe that was why it turned out that way.