Very Odd NM DPS Email Reply

[PocketPistol]

I explained to a coworker that open carrying into any establishment that sells liquor is illegal, but a CCW instructor he knows said it wasn't (which I am sure we all agree is wrong). My coworker took it upon himself to email NM DPS and this is the reply he got. It is surprising to me that DPS employees would so discourage open carry and also seem unable to answer a basic question (4th degree felony or legal). Now my coworker is even more confused than he was before.

Is this disregard for open carry and disinformation rampant at DPS? Or is this an isolated incident?

---Original Email
Hi Felix,
I am a student of xxxxxx, and he said that you could answer my open carry question.
It is my understanding that it is illegal (fourth degree felony) to open carry into places that sell alcohol for off-site consumption (most gas stations, most grocery stores, liquor stores, etc). However, you can conceal carry in those locations if you have a CCW permit. (NM Statute 30-7-3). If this is the case, then it would seem that "printing" a concealed weapon, or accidentally exposing a weapon when bending or reaching for an item on a shelf would be an illegal act (felony).
On the other hand, (CCW Instructor's name redacted) seemed to indicate that it is fully legal to open carry in these locations that sell alcohol for off-site consumption. This seems logical to me, since grocery shopping (even in the presence of factory-sealed bottles of alcohol) is not going to affect my ability to use a firearm in a deadly force encounter.
However, laws are not always logical, and my reading of the law seems to indicate that open carrying in this situation is a felony.

Can you please weigh in on the correct interpretation of the law?
Thanks,
xxxxxx

---DPS Reply
From: Valdez, Felix A., DPS <felix.valdez@state.nm.us>
Date: Thu, Feb 7, 2013 at 9:20 AM
Subject: RE: Open Carry Question
To:xxxxxxxx

xxxxxxxx,
We do not encourage or suggest that you open carry anywhere within the state of New Mexico, even though it is legal, due to the many circumstances that occurring everywhere within the state.
This, just causes undue attention upon yourself. So if you want that undue attention, and risk that fact of being subjected to being investigated, and held in front of a lot of people, well go ahead. I can assure you that you will not last more than 5 minutes inside any particular business. And furthermore there is a very good chance that you will be charged with a fourth degree felony.
Agent Felix A. Valdez Sr.

 

[AH.74]

I have met Agent Valdez. In the interests of being polite, let's just say he seems quite full of himself and is not a very pleasant person. He also conveys the sense of being on a "power trip."

His comments are entirely out of line. If there is no reason for you to be "investigated" you can not legally be detained. IOW, if you're not doing anything wrong, they cannot just detain you for the heck of it. They apparently are not getting the message as there have been lawsuits filed recently about this.

I would strongly consider forwarding that email response to the director of the DPS with a complaint about not appreciating the personal attitude of the negative response when all you were looking for were answers to your completely honest and legitimate questions. Don't let him get away with it.

The instructor is wrong- and if his students are following his bad advice, they are in danger of breaking the law. I would also consider reporting him- that's not acceptable either. He should know the law as a matter of fact.

Edit to add- you and your co-worker should read the law, carefully. It is quite clear that carrying into such establishments without a valid CCW license is in violation of the law.

http://www.nmlegis.gov/Sessions/10 Regular/final/SB0040.pdf

 

[XDm]

I explained to a coworker that open carrying into any establishment that sells liquor is illegal, but a CCW instructor he knows said it wasn't (which I am sure we all agree is wrong).

I think this whole thing went wrong from the start. Hearsay and third party statements that aren't witnessed aren't accepted in court for good reason. They're more often wrong than not. You should have contacted the instructor in question FIRST before going to DPS.