Other New Mexico Firearms Topics

This section covers topics that do not fit cleanly into the other categories but are still important for New Mexico concealed handgun license (CHL) holders, gun owners, and prospective applicants. New Mexico requires a license to carry a handgun concealed under the Concealed Handgun Carry Act (NMSA 1978 Sections 29-19-1 through 29-19-15). It is not a permitless concealed-carry state. Open carry of a loaded firearm is generally legal without a license for a person who is not otherwise prohibited from possessing a firearm.

Every statute cited below was checked against the 2024 New Mexico Statutes and the United States Code. Always confirm current law with the New Mexico Department of Public Safety or a qualified attorney before relying on it.

Background Check on Firearm Sales - NMSA 1978 Section 30-7-7.1

New Mexico requires a federal instant background check on most firearm sales, including private sales. Under NMSA 1978 Section 30-7-7.1, a seller who does not hold a federal firearms license (FFL) issued under 18 U.S.C. Section 923(a) must arrange for an FFL to run the federal instant background check before the transfer is completed. The FFL may charge a fee of up to thirty-five dollars ($35.00) for the check.

The exemptions in Subsection B are narrow. The background-check requirement does not apply to a sale:

• by or to a person who holds a current and valid federal firearms license;
• to a law enforcement agency;
• between two law enforcement officers authorized to carry a firearm and certified under federal law or the Law Enforcement Training Act; or
• between immediate family members. The statute defines "immediate family member" broadly to include a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt, or uncle.

Note that the statute does not contain a general exemption for short-term loans for hunting, target shooting, or self-defense. Each party to an unlawful sale may be separately charged, and each firearm sold in violation is a separate offense. A violation is a misdemeanor.

7-Day Waiting Period - NMSA 1978 Section 30-7-7.3

Effective May 15, 2024, New Mexico requires a 7-calendar-day waiting period on the sale of a firearm under NMSA 1978 Section 30-7-7.3. The waiting period includes the time needed to run the federal instant background check. If the 7-day period expires before the background check is complete, the seller still may not transfer the firearm until the check is done. If the required background check has not been completed within 20 days, the seller may transfer the firearm to the buyer. During the waiting period the firearm must remain in the custody of the seller or the FFL running the check.

Subsection H lists the sales the waiting period does not apply to:

• a sale to a buyer who holds a valid federal firearms license;
• a sale to a buyer who holds a valid New Mexico concealed handgun license issued under the Concealed Handgun Carry Act (one of the practical benefits of holding a CHL);
• a sale to a law enforcement agency;
• a sale between two law enforcement officers authorized to carry a firearm and certified under federal law or the Law Enforcement Training Act; or
• a sale between immediate family members.

A violation is a misdemeanor.

Straw Purchases - NMSA 1978 Section 30-7-7.2

Under NMSA 1978 Section 30-7-7.2, "unlawful purchase or transfer of a firearm for another" is committed by a person who knowingly purchases, transfers, or conspires to purchase or transfer a firearm for, on behalf of, or at the request of another person, knowing that the other person:

• is a felon (as defined in the statute); or
• intends to use, carry, possess, sell, or otherwise transfer the firearm in furtherance of any felony or misdemeanor involving a firearm.

This offense is a fourth degree felony. The statute defines "felon" as a person convicted of a felony where less than ten years have passed since the person completed the sentence or probation, who has not been pardoned, and who has not received a deferred sentence. A prosecution under this section does not prevent prosecution under any other section of the Criminal Code.

Federal law independently criminalizes straw purchases. Making a false or fictitious statement material to the lawfulness of a sale by a licensed dealer (for example, on the federal Form 4473) is unlawful under 18 U.S.C. Section 922(a)(6).

Firearms on Buses - NMSA 1978 Sections 30-7-12 and 30-7-13

New Mexico has two specific statutes about firearms and buses. They are commonly mis-cited, so the actual text matters.

NMSA 1978 Section 30-7-13 ("Carrying weapons prohibited") makes it unlawful to board or attempt to board a bus while in possession of a firearm or other deadly weapon that is readily accessible, unless the person has prior approval from the bus company. A violation is a misdemeanor. The prohibition does not apply to duly elected or appointed law enforcement officers or to commercial security personnel acting in the lawful discharge of their duties.

NMSA 1978 Section 30-7-12 ("Prohibitions; penalties") addresses seizing or taking control of a bus. Seizing or exercising control of a bus by force, violence, or threat is a third degree felony. Intimidating, threatening, or assaulting a driver, attendant, guard, or passenger with intent to seize or control a bus is a fourth degree felony.

Possession of Firearms by Prohibited Persons - NMSA 1978 Section 30-7-16

NMSA 1978 Section 30-7-16 makes it unlawful for certain persons to receive, transport, or possess a firearm or destructive device in New Mexico, including:

• a felon;
• a person subject to an order of protection under NMSA 1978 Section 40-13-5 or Section 40-13A-5; and
• a person convicted of battery against a household member (Section 30-3-15), criminal damage to property of a household member (Section 30-3-18), a first offense of stalking (Section 30-3A-3), or a crime listed in 18 U.S.C. 921.

A felon found in possession of a firearm is guilty of a third degree felony. A serious violent felon found in possession is guilty of a third degree felony and is sentenced to a basic term of six years imprisonment.

Possession in Connection with a Drug-Trafficking Crime or Crime of Violence - 18 U.S.C. Section 924(c)

Federal law imposes a mandatory sentence, in addition to the punishment for the underlying offense, for using or carrying a firearm during and in relation to a federal crime of violence or drug-trafficking crime, or possessing a firearm in furtherance of such a crime. Under 18 U.S.C. Section 924(c), the minimum term is 5 years; 7 years if the firearm is brandished; and 10 years if it is discharged. A short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon carries a 10-year minimum, and a machine gun, destructive device, or silenced firearm carries a 30-year minimum. A court may not place the person on probation, and the sentence runs consecutive to the sentence for the underlying crime. This is a federal charge independent of any state offense.

Possession of Firearms by Persons Subject to Domestic Violence Protective Orders

A person subject to a qualifying domestic-violence protective order is federally prohibited from possessing firearms under 18 U.S.C. Section 922(g)(8). Under New Mexico law, a person subject to an order of protection issued under NMSA 1978 Section 40-13-5 or Section 40-13A-5 is also prohibited from receiving, transporting, or possessing a firearm under NMSA 1978 Section 30-7-16. A person under such an order must surrender or lawfully transfer any firearms in his or her custody.

Possession of Firearms by Persons Convicted of a Misdemeanor Crime of Domestic Violence

A person convicted of a "misdemeanor crime of domestic violence" within the meaning of 18 U.S.C. Section 921(a)(33) is federally prohibited from possessing firearms under 18 U.S.C. Section 922(g)(9). Under New Mexico law, a conviction for battery against a household member (NMSA 1978 Section 30-3-15) also disqualifies a person from possessing a firearm under NMSA 1978 Section 30-7-16, and is a separate ground for denial of a concealed handgun license under NMSA 1978 Section 29-19-4(B)(4). The federal prohibition is generally lifetime unless the conviction is expunged, set aside, or pardoned.

Firearms on Aircraft - 49 U.S.C. Section 46505

A New Mexico CHL does not authorize carrying a firearm onto a commercial aircraft. Under 49 U.S.C. Section 46505, it is a federal crime, punishable by a fine and up to 10 years imprisonment, to have a concealed dangerous weapon accessible in flight when on or attempting to board an aircraft, or to place a loaded firearm in property not accessible to passengers without complying with federal rules. Willful violations with disregard for human life carry up to 20 years, and up to life if death results. The prohibition on accessible concealed weapons does not apply to law enforcement officers authorized to carry in an official capacity or to other individuals authorized by FAA or TSA regulation. Unloaded firearms may be transported in checked baggage if declared and packaged according to TSA and airline rules.

Tribal Land Firearms Regulation

New Mexico is home to numerous sovereign nations, including 19 pueblos, the Navajo Nation, the Mescalero Apache Tribe, and the Jicarilla Apache Nation. Each nation has its own firearms regulations, which may be more restrictive than state law. State carry authority, including a New Mexico CHL, does not automatically apply on tribal land.

Travelers crossing into tribal land should:

• consult the specific tribal code before bringing firearms onto the reservation;
• be aware that trespass with a firearm on tribal land may be a tribal-court offense; and
• recognize that federal law governs jurisdiction over many crimes on tribal land, including some firearm offenses.

Hunting with Firearms

The New Mexico Department of Game and Fish regulates hunting, including the use of firearms for hunting. Key points:

• a hunting license is required for most game species;
• specific caliber and equipment requirements apply for certain big-game species;
• magazine-capacity limits may apply for migratory bird hunting under the federal Migratory Bird Treaty Act; and
• suppressors are allowed for hunting under New Mexico Game and Fish rules, subject to federal National Firearms Act requirements.

Always confirm current rules in the New Mexico hunting proclamation for the season and species you intend to hunt.

Sentencing Enhancements

New Mexico law increases penalties when a firearm is used in connection with a crime. The figures below come directly from the statutes.

• Firearm enhancement under NMSA 1978 Section 31-18-16. The basic sentence for a noncapital felony is increased by one year when a firearm is used in relation to a drug transaction or during the commission of aggravated burglary or a serious violent offense; by three years when a firearm is brandished in the commission of a noncapital felony; and by five years when a firearm is discharged in the commission of a noncapital felony. For a second or subsequent offense, the increase is five years. The statute defines "brandished" as displaying or making a firearm known to another person, while the firearm is present on the offender, with intent to intimidate or injure. The enhancement requires a separate finding of fact by the court or jury and does not apply to a capital felony.
• Habitual offender provisions under NMSA 1978 Section 31-18-17. A noncapital-felony sentence is increased by one year for one prior felony conviction, four years for two prior felony convictions, and eight years for three or more prior felony convictions, where the priors arose from separate transactions or occurrences. These enhancements generally may not be suspended or deferred.

Restoration of Firearm Rights

Possible pathways to restore firearm rights include:

• A gubernatorial pardon for a state conviction. A New Mexico Attorney General opinion concluded that a pardoned felony conviction is not, by itself, sufficient grounds to deny a concealed handgun license to an otherwise qualified applicant.
• Expungement under the Criminal Record Expungement Act (NMSA 1978 Section 29-3A-1 et seq.) for certain qualifying offenses.
• Federal relief under 18 U.S.C. Section 925(c). This provision exists, but Congress has for many years declined to fund the program through which the Bureau of Alcohol, Tobacco, Firearms and Explosives would process applications, so it is generally unavailable in practice.
• Setting aside a conviction in certain circumstances, depending on the underlying offense.

Restoration of state rights does not automatically restore federal rights. A person whose state rights are restored should independently verify federal status before possessing a firearm. Note that under New Mexico law, a "conviction" for licensing purposes generally remains even after a deferred sentence is completed and the charge is dismissed.

Civil Liability

A person who uses a firearm in self-defense may face civil liability even if criminal charges are not filed or do not result in a conviction. New Mexico does not have a broad statutory civil-immunity provision for justified self-defense. Common civil claims include:

• wrongful death brought by the deceased person's estate;
• battery brought by an injured party; and
• negligent or intentional infliction of emotional distress brought by witnesses or family.

A criminal acquittal or a decision not to prosecute is generally not preclusive in a later civil case. Anyone who may rely on a firearm for self-defense should consult counsel both before and immediately after any use of force.

Insurance

Several national organizations offer concealed-carry legal-protection memberships that can cover legal defense costs and civil liability arising from a use-of-force incident, such as the USCCA, U.S. LawShield, and the Armed Citizens' Legal Defense Network. These are private products. Coverage terms vary widely, so review the membership or policy language carefully before relying on it.

Continuing Education

The refresher training required to renew a New Mexico CHL is a minimum, not a ceiling. Many active CHL holders pursue additional training, including:

• intermediate and advanced defensive handgun skills;
• force-on-force training with marking ammunition;
• vehicle-based defensive tactics;
• low-light and reduced-visibility shooting; and
• medical and trauma response such as Stop the Bleed.

Quality training well beyond the statutory minimum is valuable for anyone who may rely on a firearm in a defensive situation.

New Mexico Concealed Carry Laws: Overview

New Mexico is a shall-issue state for concealed handgun licenses. The legal framework is set out in the Concealed Handgun Carry Act, codified at NMSA 1978 Sections 29-19-1 through 29-19-15. The New Mexico Department of Public Safety is the issuing authority. A license is required to carry a concealed loaded handgun in public. New Mexico is not a permitless (constitutional) concealed-carry state.

Key Statutory Framework

• Concealed Handgun Carry Act - NMSA 1978 Section 29-19-1 et seq. Chapter 29, Article 19 may be cited as the "Concealed Handgun Carry Act" (Section 29-19-1). It establishes the license system, applicant qualifications, training requirements, the application and renewal process, license terms, limits on the license, and reciprocity.
• NMSA 1978 Section 30-7-2 - Unlawful carrying of a deadly weapon. This is the general criminal statute that prohibits carrying a concealed loaded firearm. It lists the exceptions that make concealed carry lawful, including a person in possession of a valid concealed handgun license issued under the Concealed Handgun Carry Act. A violation is a petty misdemeanor.
• NMSA 1978 Section 30-7-2.1 - Unlawful carrying of a deadly weapon on school premises. A fourth degree felony, with limited exceptions.
• NMSA 1978 Section 30-7-2.4 - Unlawful carrying of a firearm on university premises. A petty misdemeanor, with limited exceptions. Universities must post notice.
• NMSA 1978 Section 30-7-3 - Unlawful carrying of a firearm in a licensed liquor establishment. A fourth degree felony, with several statutory exceptions, including certain on-premises situations for a concealed handgun license holder.
• NMSA 1978 Section 30-7-16 - Receipt, transportation, or possession of a firearm or destructive device by certain persons (for example, a felon, or a person subject to a qualifying order of protection). Possession of a firearm by a felon is a third degree felony.
• NMSA 1978 Section 30-2-7 - Justifiable homicide by citizen. This is the codified statute on when a homicide committed by a private person in self-defense or defense of others is justifiable.
• New Mexico Constitution, Article II, Section 6 - The right to keep and bear arms, with an express provision that nothing in it permits the carrying of concealed weapons, and an express bar on municipal and county regulation of any incident of that right.

What the License Covers

The license authorizes a licensee to carry a concealed handgun of the category (semiautomatic or not semiautomatic) and up to the largest caliber for which the applicant qualified on the approved firearms training course. A licensee is licensed to carry smaller caliber handguns of that category but, by statute, may carry only one concealed handgun at any given time, and the license itself states the category and the largest caliber the licensee is authorized to carry. See Section 29-19-4(A)(10) and Section 29-19-6(C)(4).

Under the statutory definitions in Section 29-19-2, a "concealed handgun" is a loaded handgun that is not visible to the ordinary observation of a reasonable person, "category" means whether a handgun is semiautomatic or not, "caliber" means the diameter of the bore, and a "handgun" is a firearm with a barrel length that does not exceed twelve inches.

Who Can Get a License

Section 29-19-4 sets the qualifications. In general, the Department shall issue a license to an applicant who is a United States citizen; is a New Mexico resident, or a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member; is twenty-one years of age or older; is not a fugitive from justice; has not been convicted of a felony; is not currently under indictment for a felony; is not otherwise prohibited by federal law or the law of another jurisdiction from purchasing or possessing a firearm; has not been adjudicated mentally incompetent or committed to a mental institution; is not addicted to alcohol or controlled substances; and has satisfactorily completed an approved firearms training course for the category and the largest caliber the applicant wants to carry. Section 29-19-4(B) lists additional mandatory denials, including certain recent misdemeanor convictions involving a crime of violence, DWI, controlled substances, or assault, battery, or battery against a household member.

Training, Fees, and Renewal

The training course must be approved by the Department, must be not less than fifteen hours in length, and must include classroom and range instruction. An applicant must demonstrate, at a minimum, the ability to use a handgun of .32 caliber. See Section 29-19-7.

The application fee may not exceed one hundred dollars ($100), and the application requires items such as a completed form, two full sets of fingerprints, two photographs, proof of New Mexico residency, and a certified copy of the training certificate. See Section 29-19-5. A license is valid for four years from the date of issuance, unless suspended or revoked. See Section 29-19-3.

To renew, a licensee submits a renewal form, a seventy-five-dollar ($75.00) renewal fee, and a certificate of completion of a four-hour refresher firearms training course approved by the Department. A license may not be renewed more than sixty days after it has expired. Separately, a licensee must complete a two-hour refresher course twenty-two to twenty-six months after the issuance of an original or renewed license. See Section 29-19-6.

Open Carry vs. Concealed Carry

Open carry of a handgun in New Mexico is generally lawful, without a license, for a person who is not otherwise prohibited from possessing a firearm. Section 30-7-2 expressly states that nothing in it prevents the carrying of an unloaded firearm, and the New Mexico Constitution protects the right to bear nonconcealed arms (Article II, Section 6).

Concealed carry of a loaded handgun in public generally requires a concealed handgun license, because Section 30-7-2 makes carrying a concealed loaded firearm unlawful except in the listed cases, which include the residence or real property of the carrier, a private automobile or other private conveyance for lawful protection, peace officers, and a person with a valid concealed handgun license. A licensee must carry the license at all times while carrying a concealed handgun. See Section 30-7-2 and Section 29-19-9.

Where the License Does Not Apply

The license does not authorize carry where doing so would violate state or federal law, and it does not authorize carry on school premises or on the premises of a preschool (Section 29-19-8). A license is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo (Section 29-19-10), and it is not valid in a courthouse or court facility unless authorized by the presiding judicial officer for that courthouse or court facility (Section 29-19-11). Federal law separately restricts firearms in federal facilities and federal court facilities (18 U.S.C. 930).

Reciprocity

New Mexico recognizes out-of-state concealed handgun licenses on a discretionary basis. Section 29-19-12 directs the Department to adopt rules for the recognition or reciprocity of a license issued by another state, but only where the other state's requirements are at least as stringent as, or substantially similar to, the Concealed Handgun Carry Act, the license has a printed expiration date, license status can be verified for law enforcement within three business days, and the issuing authority has comparable disqualification, suspension, and revocation requirements and a national background check and qualifying safety program. The Department of Public Safety publishes the current list of recognized states.

Recent Legislative Activity

• Waiting period. Section 30-7-7.3 requires a seven-calendar-day waiting period for the sale and transfer of a firearm. This statute took effect May 15, 2024. The waiting period does not apply to a buyer who holds a valid New Mexico concealed handgun license, a buyer who holds a valid federal firearms license, sales to a law enforcement agency, certain transfers between law enforcement officers, or sales between immediate family members.
• Background checks on sales. Section 30-7-7.1 makes it unlawful to sell a firearm without a federal instant background check, subject to statutory exemptions (for example, sales between immediate family members or sales by or to a federal firearms licensee). A federal instant background check under that section is one that does not indicate the sale would violate 18 U.S.C. 922(g) or 18 U.S.C. 922(n) or state law. A violation is a misdemeanor.
• Extreme Risk Firearm Protection Order Act. NMSA 1978 Chapter 40, Article 17 (Sections 40-17-1 through 40-17-13) is New Mexico's extreme-risk, or "red flag," law.

Where to Get Authoritative Information

• The New Mexico Department of Public Safety issues concealed handgun licenses, maintains the approved trainer list and minimum training standards, and publishes the reciprocity rules required by Section 29-19-12.
• The New Mexico Office of the Attorney General issues advisory opinions. Those opinions are not binding on courts but are commonly relied on by law enforcement.
• The New Mexico Statutes Annotated (NMSA 1978) are the official codified statutes. Statute text is available from the New Mexico Compilation Commission and through mirrors such as Justia.

Legal Guidance Disclaimer

This overview summarizes statutory text and is not legal advice. Specific situations, particularly use-of-force questions, premises questions for posted signage, and interstate travel, turn on facts beyond the scope of the statute. A person with questions about how New Mexico firearms law applies to their circumstances should consult a licensed New Mexico attorney.

New Mexico Concealed Handgun License: The Basics

New Mexico requires a license to carry a handgun concealed. The governing law is the Concealed Handgun Carry Act, NMSA 1978 Chapter 29, Article 19 (Sections 29-19-1 through 29-19-15). New Mexico is not a permitless (constitutional) concealed-carry state for handguns. Open carry of a loaded firearm and the carrying of an unloaded firearm are handled differently and are generally lawful for people who may legally possess a firearm. See the "What the License Does and Does Not Cover" section below.

Issuing Authority

The New Mexico Department of Public Safety (DPS) issues the New Mexico Concealed Handgun License (CHL). The statute refers to DPS simply as "the department." DPS is authorized to issue licenses to qualified applicants and to promulgate the rules that implement the Act. See NMSA 1978 Section 29-19-3 (authorization to issue) and Section 29-19-12 (rulemaking authority).

DPS also publishes minimum standards for approved firearms training courses, and every instructor of an approved course must file a copy of the course description and proof of certification with the department each year. See Section 29-19-7(A) and (B).

Shall-Issue Status

New Mexico is a shall-issue state. Under NMSA 1978 Section 29-19-4(A), the department shall issue a concealed handgun license to an applicant who meets the listed qualifications, including completion of an approved firearms training course under Section 29-19-7. There is no good-cause requirement, no demonstration of need, and no discretionary suitability review beyond the statutory qualifications and disqualifiers.

After receiving a completed application and the results of a national criminal background check, the department has thirty days to either issue the license or deny the application on the ground that the applicant failed to qualify. See Section 29-19-6(A).

License Term

An original or renewed New Mexico concealed handgun license is valid for four years from the date of issuance, unless it is suspended or revoked. See NMSA 1978 Section 29-19-3.

Two special categories carry a longer term. A retired law enforcement officer's license is printed "retired police officer" and is valid for five years (Section 29-19-14(F)). A qualifying military service person's license is printed "military service person" and is valid for five years (Section 29-19-15(C)).

Minimum Age

The minimum age to apply is 21 years. See Section 29-19-4(A)(3). New Mexico does not issue concealed handgun licenses to applicants under 21.

Citizenship and Residency

To qualify, an applicant must be a citizen of the United States (Section 29-19-4(A)(1)) and must be a resident of New Mexico, a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member (Section 29-19-4(A)(2)). The application requires proof of New Mexico residency and, for applicants not born in the United States, a certified birth certificate or proof of United States citizenship. See Section 29-19-5(B)(6) and (7).

What the License Authorizes

A New Mexico CHL authorizes the licensee to carry a concealed handgun of the category and up to the largest caliber the licensee qualified on during the approved training course. Under the Act, "category" means whether a handgun is semiautomatic or not semiautomatic, and "caliber" means the diameter of the bore. See Section 29-19-2(C) and (B).

The license itself states the category and the largest caliber the licensee is allowed to carry, along with a statement that the licensee may also carry smaller-caliber handguns but shall carry only one concealed handgun at any given time. See Section 29-19-6(C)(4). An applicant who wants to be licensed for a larger caliber or a different category must complete the approved training for that category and largest caliber. See Section 29-19-4(A)(10).

A "handgun" under the Act is a firearm with a barrel length that does not exceed twelve inches. See Section 29-19-2(F).

License Categories

There is a single general class of CHL in New Mexico. There is no separate "standard" versus "enhanced" license, and there is no separate non-resident license category, because residency in New Mexico (or qualifying military status) is itself a condition of eligibility. The retired-law-enforcement and military-service-person licenses described above are not different privilege levels; they are the same carry authority with statutory fee, training, and term differences.

What the License Does and Does Not Cover

A CHL is a license to carry concealed. It is not a blanket exemption from other firearm laws. The license does not authorize:

• Carrying in statutorily off-limits places. A CHL is not valid on school premises or on the premises of a preschool (Section 29-19-8(B) and (C); see also Section 30-7-2.1). It is not valid in a courthouse or court facility unless authorized by the presiding judicial officer (Section 29-19-11). It is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo (Section 29-19-10). Carrying a firearm on university premises is a separate offense (Section 30-7-2.4).
• Carrying in most establishments licensed to dispense alcohol. Carrying a loaded or unloaded firearm on premises licensed for the dispensing of alcoholic beverages is generally unlawful. A CHL holder is excepted only in narrow situations, such as a licensed establishment that does not sell alcohol for on-premises consumption, or a qualifying beer-and-wine restaurant that derives at least sixty percent of its gross receipts from food and has not posted a no-firearms sign or given verbal notice. See Section 30-7-3(A)(4).
• Carrying while under the influence. Carrying a firearm while under the influence of an intoxicant or narcotic is "negligent use of a deadly weapon." See Section 30-7-4(A)(2).
• Carrying a handgun outside the licensed category or caliber. See Section 29-19-4(A)(10) and Section 29-19-6(C)(4).
• Possession by a person prohibited under state or federal law. See the eligibility discussion below.

A CHL holder must keep the license in possession at all times while carrying a concealed handgun. See Section 29-19-9.

For context on carry without a license: carrying a concealed loaded firearm is unlawful except in limited cases, including by a valid CHL holder, in the person's own residence or on real property the person owns or lawfully occupies, or in a private automobile or other private conveyance for lawful protection. Carrying an unloaded firearm is not prohibited by that statute. See Section 30-7-2(A) and (B). The basic offense of unlawful carrying of a deadly weapon is a petty misdemeanor (Section 30-7-2(C)).

Who Cannot Obtain a License

Under NMSA 1978 Section 29-19-4(A), the department issues a license only to an applicant who, among the other qualifications already listed, is not a fugitive from justice, has not been convicted of a felony in any jurisdiction, is not currently under indictment for a felony, is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm, has not been adjudicated mentally incompetent or committed to a mental institution, and is not addicted to alcohol or controlled substances. See Section 29-19-4(A)(4) through (A)(9).

Separately, Section 29-19-4(B) directs the department to deny a license to an applicant who:

• received a conditional discharge, diversion, or deferment, or was convicted of, pled guilty to, or entered a plea of nolo contendere to a misdemeanor crime of violence within the ten years immediately preceding the application;
• was convicted of a misdemeanor DWI offense within the five years immediately preceding the application;
• was convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within the ten years immediately preceding the application; or
• was convicted of a misdemeanor offense involving assault, battery, or battery against a household member.

A pardoned felony conviction is not, by itself, sufficient grounds to deny a license to an otherwise qualified applicant. See 2014 Op. Att'y Gen. No. 14-02 (cited in the annotations to Section 29-19-4). New Mexico courts have held that a deferred sentence does not erase the underlying conviction for purposes of the Act. See Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050.

Independent of the licensing rules, New Mexico law makes it unlawful for certain people to receive, transport, or possess a firearm at all, including a felon (as defined in the statute), a person subject to an order of protection under Section 40-13-5 or 40-13A-5, and a person convicted of certain household-member or stalking offenses. A felon found in possession of a firearm is guilty of a third degree felony. See Section 30-7-16. Federal law separately bars possession by the categories listed in 18 U.S.C. Section 922(g) (for example, felons, fugitives, unlawful drug users, and persons adjudicated mentally defective or committed to a mental institution). A federal prohibition on a person under indictment is found in 18 U.S.C. Section 922(n), not Section 922(g).

Background Check and Waiting Period When Buying a Firearm

A New Mexico CHL has two practical effects at the point of a firearm purchase:

• Background check at purchase. New Mexico requires a federal instant background check on most firearm sales, arranged through a federal firearms licensee, who may charge a fee not to exceed thirty-five dollars ($35.00). Holding a CHL does not replace this background check. See Section 30-7-7.1.
• Waiting-period exemption. New Mexico imposes a seven-calendar-day waiting period on firearm sales under Section 30-7-7.3. A buyer who holds a valid New Mexico concealed handgun license is exempt from the waiting period. See Section 30-7-7.3(H)(2). The sale must still clear the required federal instant background check.

License Card and Notification Duties

The license is issued as a card that includes the licensee's photograph, name, address, and date of birth; the expiration date; and the category and largest caliber the licensee may carry. See Section 29-19-6(C). A licensee must notify the department within thirty days of a change of name or permanent address and within ten days if the license is lost, stolen, or destroyed. A lost, stolen, or destroyed license is invalid, and the licensee may obtain a duplicate by submitting a notarized statement and paying a reasonable fee (and, if lost or stolen, filing a police report). See Section 29-19-6(D) and (E).

Suspension and Revocation

The department shall suspend or revoke a license if the licensee provided false information on the application or renewal form, did not satisfy the criteria for issuance at the time the license was issued, or violated a provision of the Concealed Handgun Carry Act after receiving the license. See Section 29-19-6(I).

New Mexico Concealed Carry Laws

Legal Basis for Concealed Carry

New Mexico is a licensed concealed-carry state. It is not a permitless or constitutional concealed-carry state. To carry a loaded handgun concealed on or about the person, a private citizen must hold a New Mexico Concealed Handgun License (CHL) or a permit from a state that New Mexico recognizes through reciprocity. This is rooted in the state constitution itself. NM Const. art. II, Section 6 protects the right to keep and bear arms but states that "nothing herein shall be held to permit the carrying of concealed weapons," and it also bars municipalities and counties from regulating any incident of the right to keep and bear arms.

The carry framework rests on two parts of the code:

• NMSA 1978 Section 30-7-2 is the criminal statute on unlawful carrying of a deadly weapon. Carrying a concealed loaded firearm (or any other deadly weapon) is a petty misdemeanor unless a listed exception applies. Section 30-7-2(A)(5) is the exception for a person who holds a valid concealed handgun license issued by the Department of Public Safety under the Concealed Handgun Carry Act.
• NMSA 1978 Sections 29-19-1 through 29-19-15 are the Concealed Handgun Carry Act (CHCA). Section 29-19-1 names the act; the remaining sections create the license system, eligibility rules, training, fees, renewal, and location limits.

The New Mexico Supreme Court has described the CHCA as adding "another exception to the general prohibition against carrying concealed weapons," meaning the license is the mechanism that makes otherwise-unlawful concealed carry legal. See State ex rel. New Mexico Voices for Children, Inc. v. Denko, 2004-NMSC-011.

Open Carry vs. Concealed Carry

Section 30-7-2 only reaches concealed carrying. Open carry of a loaded handgun is generally lawful in New Mexico without a license for a person who may legally possess a firearm, and Section 30-7-2(B) states that nothing in the statute prevents the carrying of any unloaded firearm. The license requirement applies specifically to carrying a loaded handgun in a concealed manner. This matters because the CHCA defines a "concealed handgun" in Section 29-19-2 as "a loaded handgun that is not visible to the ordinary observations of a reasonable person."

Who Needs a License

Any private citizen who wants to carry a loaded handgun concealed on or about the person in New Mexico must hold:

• a valid New Mexico Concealed Handgun License issued under the CHCA, or
• a concealed-carry license or permit issued by a state that New Mexico recognizes through reciprocity under Section 29-19-12.

A non-resident who does not hold a New Mexico CHL and whose home-state permit is not recognized by New Mexico cannot lawfully carry a loaded handgun concealed in New Mexico.

What "Concealed" Means

The CHCA's statutory definition controls. Under Section 29-19-2, a "concealed handgun" is a loaded handgun that is not visible to the ordinary observations of a reasonable person. A handgun fully covered by an outer garment is concealed. A handgun in an exposed belt holster is openly carried. There is no separate bright-line rule in Section 30-7-2 for partial concealment, so a person carrying openly who occasionally covers the firearm should understand that whether the firearm was visible to ordinary observation is the operative question. Holding a CHL removes that uncertainty for a loaded handgun.

License Eligibility

Section 29-19-4 sets the qualifications. The Department of Public Safety must issue a CHL to an applicant who:

1. is a United States citizen;
2. is a New Mexico resident, or is a member of the armed forces whose permanent duty station is in New Mexico, or is a dependent of such a member;
3. is twenty-one years of age or older;
4. is not a fugitive from justice;
5. has not been convicted of a felony in any jurisdiction;
6. is not currently under indictment for a felony;
7. is not otherwise prohibited by federal law or the law of another jurisdiction from purchasing or possessing a firearm;
8. has not been adjudicated mentally incompetent or committed to a mental institution;
9. is not addicted to alcohol or controlled substances; and
10. has satisfactorily completed a department-approved firearms training course for the category and the largest caliber of handgun the applicant wants to be licensed to carry.

Section 29-19-4(B) also requires the department to deny a license to an applicant who, within stated lookback periods, received a conditional discharge, diversion, or deferment for, or was convicted of, certain crimes: a misdemeanor crime of violence within the prior ten years, a DWI misdemeanor within the prior five years, a controlled-substance misdemeanor within the prior ten years, or a misdemeanor involving assault, battery, or battery against a household member. Note that under New Mexico case law a deferred sentence does not erase the underlying conviction for CHCA purposes. See Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050.

Training Requirement

Section 29-19-7 sets the training standard. An approved firearms training course must:

• be at least fifteen hours in length;
• include both classroom instruction and range instruction;
• require the applicant to demonstrate the ability to safely use a handgun, at a minimum a handgun of .32 caliber; and
• cover the safe handling of revolvers and semiautomatic handguns, safe storage and child safety, shooting fundamentals, live range shooting, skill maintenance, applicable federal and state law, techniques for avoiding and controlling a violent confrontation, and nonviolent dispute resolution.

The course must be certified or sponsored by a qualifying provider (a law enforcement agency, college, firearms training school, or nationally recognized organization) and approved by the department.

Application Process and Fee

Under Section 29-19-5, an applicant submits a completed application (executed under penalty of perjury) along with:

• a nonrefundable application fee not to exceed one hundred dollars ($100);
• two full sets of fingerprints;
• a certified copy of a certificate of completion for a department-approved firearms training course;
• two color photographs;
• proof of United States citizenship if the applicant was not born in the United States; and
• proof of New Mexico residency.

The department runs a records check and forwards fingerprints to the FBI for a national criminal background check. Under Section 29-19-6, the department issues or denies the license within thirty days after receiving a completed application and the background-check results.

License Duration, Category, and Caliber

A CHL is valid for four years from the date of issuance unless suspended or revoked (Section 29-19-3).

The license is tied to a handgun category (semiautomatic or not semiautomatic) and a caliber. Under Section 29-19-6(C)(4), the license states the category and the largest caliber the licensee is qualified to carry, along with a statement that the licensee may carry smaller-caliber handguns but shall carry only one concealed handgun at any given time. To carry a category or a larger caliber the licensee did not qualify on, the licensee must complete additional approved training.

Examples:

• Qualified on a 9mm semiautomatic: may carry a semiautomatic of 9mm or smaller caliber. May not carry a .45 ACP semiautomatic without qualifying on it.
• Qualified on a .38 Special revolver: may carry a revolver of .38 Special or smaller. May not carry a semiautomatic without a semiautomatic qualification.

Number of Handguns

Contrary to a common assumption, New Mexico does limit how many handguns a licensee may carry concealed at one time. Section 29-19-6(C)(4) states that a licensee "shall carry only one concealed handgun at any given time."

Renewal and Refresher Training

Under Section 29-19-6, a licensee renews by submitting a completed renewal form, a seventy-five-dollar ($75.00) renewal fee, and a certificate of completion of a four-hour refresher firearms training course approved by the department. The department runs a national records check at renewal. A license cannot be renewed more than sixty days after it has expired; after that, the person must apply for a new license.

Separately, Section 29-19-6(H) requires a licensee to complete a two-hour refresher firearms training course two years after issuance of an original or renewed license. That refresher must be taken twenty-two to twenty-six months after issuance, with the certificate submitted to the department within thirty days of completion.

A licensee must also notify the department within thirty days of a name or address change, and within ten days if the license is lost, stolen, or destroyed (Section 29-19-6(D)).

Carrying the License

Section 29-19-9 requires a licensee to have the concealed handgun license in possession at all times while carrying a concealed handgun. The CHCA does not impose a separate statutory duty to affirmatively inform an officer that you are armed, and it does not by its terms require carrying a separate government photo ID in addition to the license. The practical takeaway is simple: keep the license on you whenever you carry concealed, and produce it if a peace officer lawfully asks.

Penalty for Carrying Without a License

Carrying a concealed loaded handgun without a CHL (and without another exception in Section 30-7-2) is a petty misdemeanor under Section 30-7-2(C). Carrying a firearm while under the influence of an intoxicant or narcotic is a separate petty misdemeanor as negligent use of a deadly weapon under Section 30-7-4(A)(2).

Exceptions to the License Requirement

Even without a CHL, a person may carry a concealed loaded handgun in these situations listed in Section 30-7-2(A):

1. in the person's own residence or on real property the person owns, leases, rents, or lawfully occupies as owner, lessee, tenant, or licensee;
2. in a private automobile or other private means of conveyance, for the lawful protection of the person's or another's person or property; and
3. by a peace officer carrying in accordance with agency policy and certified under the Law Enforcement Training Act, or a qualifying temporary officer.

Law Enforcement Officers and Retired Officers

Active peace officers certified under the Law Enforcement Training Act and qualifying temporary officers are covered by the Section 30-7-2(A)(3) and (A)(4) exceptions rather than needing a CHL. Section 29-19-14 separately exempts current and retired certified law enforcement officers (and qualifying New Mexico mounted patrol members) from the CHL application fee, renewal fee, and firearms training course, with a retired officer who served at least fifteen years and retired in good standing exempt from the application and renewal fees.

Independently of New Mexico law, the federal Law Enforcement Officers Safety Act lets qualified active law enforcement officers carry concealed nationwide under 18 U.S.C. Section 926B and lets qualified retired law enforcement officers carry concealed nationwide under 18 U.S.C. Section 926C, in each case when the officer carries the required identification. LEOSA reaches qualified officers generally, not just federal officers, and it does not override state laws that let private property owners restrict carry or that restrict carry in government buildings.

Out-of-State Permits and Reciprocity

A non-resident who holds a concealed-carry license or permit from a state that New Mexico recognizes may carry concealed in New Mexico under that permit, subject to all New Mexico location and conduct rules. Section 29-19-12 gives the Department of Public Safety discretionary authority to recognize another state's permit only if the issuing state's program is at least as stringent as or substantially similar to the CHCA, prints an expiration date, can verify status for law enforcement within three business days, has disqualification and revocation rules, and requires a national background check plus an approved firearms safety program. See the Reciprocity section of this guide for the current state-by-state list.

Where a License Does Not Authorize Carry

Holding a CHL does not authorize carry everywhere. Key limits:

• Where prohibited by state or federal law. Section 29-19-8 states that the CHCA does not authorize a licensee to carry where doing so would violate state or federal law.
• School premises. Carrying a deadly weapon on K-12 school premises is unlawful under Section 30-7-2.1 and is a fourth degree felony. Section 29-19-8 confirms a CHL does not authorize carry on school premises or on the premises of a preschool. The school statute has narrow exceptions, including a person older than nineteen in a private vehicle for lawful protection.
• University premises. Carrying a firearm on university premises is unlawful under Section 30-7-2.4 and is a petty misdemeanor. Universities must post notice. The statute has narrow exceptions, including a person older than nineteen in a private vehicle for lawful protection.
• Courthouses and court facilities. A CHL is not valid in a courthouse or court facility unless the presiding judicial officer authorizes it (Section 29-19-11).
• Tribal land. A CHL is not valid on tribal land unless the governing body of the Indian nation, tribe, or pueblo authorizes it (Section 29-19-10).
• Licensed liquor establishments. Carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages is generally unlawful under Section 30-7-3. There are exceptions, including a CHL holder carrying on the premises of an establishment that does not sell alcohol for on-site consumption, and a beer-and-wine restaurant that derives at least sixty percent of its gross receipts from food, unless that restaurant has posted a conspicuous no-firearms sign at each public entrance or the owner or manager verbally tells the person not to carry.
• Buses. It is unlawful to board a bus while in possession of a firearm or other deadly weapon that is readily accessible, without the company's prior approval, under Section 30-7-13. A violation is a misdemeanor.
• Private property. Section 29-19-12 authorizes a private property owner to disallow concealed carry on the owner's property.

Practical Compliance Summary

• Hold a New Mexico CHL or a recognized out-of-state permit at all times while carrying a loaded handgun concealed.
• Keep the license on your person while carrying (Section 29-19-9).
• Carry only handguns within your licensed category and caliber range, and carry only one concealed handgun at a time (Section 29-19-6).
• Renew on time. The four-hour refresher and $75 fee are due at renewal, and a separate two-hour refresher is due 22 to 26 months after issuance (Section 29-19-6).
• Stay out of off-limits locations: K-12 schools (Section 30-7-2.1), universities (Section 30-7-2.4), courthouses (Section 29-19-11), tribal land without authorization (Section 29-19-10), most licensed liquor premises (Section 30-7-3), and buses without approval (Section 30-7-13).
• Do not carry a firearm while under the influence of an intoxicant or narcotic (Section 30-7-4(A)(2)).

New Mexico Open Carry Laws

Open Carry Is Generally Permitted Without a License

New Mexico permits the open carry of a loaded handgun in public without a state-issued license. A person who may lawfully possess a firearm under state and federal law may openly carry a loaded handgun in a holster without any concealed handgun license.

This rests on the structure of NMSA 1978 Section 30-7-2. That statute defines "unlawful carrying of a deadly weapon" as carrying a concealed loaded firearm or other deadly weapon, with listed exceptions. It does not reach the open carry of a firearm by a lawful possessor. Subsection B states that nothing in the section prevents the carrying of any unloaded firearm, and Subsection C grades the offense as a petty misdemeanor. The New Mexico Constitution, Article II, Section 6, secures the right to keep and bear arms but provides that "nothing herein shall be held to permit the carrying of concealed weapons." The plain effect is that open carry is lawful while concealed carry requires a license.

The Concealed Handgun Carry Act is codified at NMSA 1978 Chapter 29, Article 19 (see NMSA 1978 Section 29-19-1, naming the act). A concealed handgun license issued under that act is the statutory mechanism that lets a person carry concealed. It is not required for open carry.

Minimum Age for Open Carry

New Mexico does not set a single open-carry age in one statute. Two rules control:

• NMSA 1978 Section 30-7-2.2 makes it unlawful for a "person," defined as an individual less than nineteen years old, to knowingly possess or transport a handgun, subject to listed exceptions (shooting ranges, organized competition, hunting, supervision by a parent or guardian on their property, and others). A violation is a misdemeanor. In practical terms, this restricts handgun carry, open or concealed, by anyone under nineteen.
• The federal Gun Control Act, 18 U.S.C. Section 922(b)(1), bars a federally licensed dealer from selling a handgun to a buyer under twenty-one and a long gun to a buyer under eighteen. 18 U.S.C. Section 922(x) separately restricts the transfer and possession of a handgun by a juvenile (under eighteen), with exceptions.

A person nineteen or older who is not otherwise prohibited may openly carry a loaded handgun without a state permit. A concealed handgun license, by contrast, requires the applicant to be at least twenty-one years old under NMSA 1978 Section 29-19-4.

Open Carry of Long Guns

No New Mexico statute prohibits the open carry of long guns (rifles and shotguns) by a person who may lawfully possess one. Long-gun open carry is permitted in most public settings, subject to the same location-based restrictions (schools, universities, licensed liquor establishments, posted private property, and others) that apply to handguns.

Where Open Carry Is Prohibited

Open carry is barred wherever carrying a firearm is barred, regardless of how the firearm is carried. The principal off-limits places are:

• School premises. NMSA 1978 Section 30-7-2.1 makes it unlawful to carry a deadly weapon on school premises, with exceptions for peace officers, school security personnel, certain ROTC or hunter-safety activities, school-approved programs, and a person over nineteen keeping a weapon in a private vehicle for lawful protection. The offense is a fourth degree felony.
• University premises. NMSA 1978 Section 30-7-2.4 makes it unlawful to carry a firearm on university premises, with similar exceptions, and requires universities to post notice. This statute covers colleges, community colleges, technical-vocational institutes, and area vocational schools. The offense is a petty misdemeanor.
• Licensed liquor establishments. NMSA 1978 Section 30-7-3 makes it unlawful to carry a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages. There are exceptions, including for certain concealed handgun license holders at establishments that do not sell alcohol for on-site consumption and at qualifying beer-and-wine restaurants that have not posted against carry. The offense is a fourth degree felony. This prohibition applies to open and concealed carry alike.
• Posted or off-limits private property. Under NMSA 1978 Section 30-14-1, an owner or person in control of property may deny entry. Knowingly entering or remaining on posted private property without written permission, or on land where consent has been denied or withdrawn, is criminal trespass, a misdemeanor.
• Federal facilities. 18 U.S.C. Section 930 prohibits knowingly possessing a firearm or other dangerous weapon in a federal facility (a separate, lower-level offense applies to general federal facilities, and federal court facilities are addressed within the same statute). This is a federal restriction independent of New Mexico law.

New Mexico does not have a Chapter 30 statute that specifically bans firearms in state court facilities. Carry inside state courthouses is instead controlled by orders of the New Mexico Supreme Court and by local court security rules. Treat every courthouse as off-limits and follow the posted screening procedures. Carrying in a federal court facility is governed by 18 U.S.C. Section 930.

Open vs. Concealed: The Practical Difference

The category-and-caliber qualification in the Concealed Handgun Carry Act applies only to concealed carry under a license. Under NMSA 1978 Section 29-19-4, an applicant must complete a department-approved firearms training course for the category and largest caliber of handgun the applicant wants to carry concealed. Under NMSA 1978 Section 29-19-7, that course must run at least fifteen hours, include classroom and live-range instruction, and require the applicant to demonstrate the safe use of at least a .32 caliber handgun.

None of that limits open carry by a lawful possessor. A person who openly carries does not need a license and does not need to have qualified on a particular handgun category or caliber.

Drawing or Pointing a Firearm

Openly carrying a holstered handgun is not, by itself, an unlawful display. Drawing or pointing a firearm at another person without legal justification is a separate crime. Assaulting or striking at another with a deadly weapon is aggravated assault under NMSA 1978 Section 30-3-2, a fourth degree felony. An open carrier should keep the firearm holstered unless the use of force is legally justified. NMSA 1978 Section 30-2-7 sets out when a homicide is justifiable in defense of self, family, or others, and against an imminent felony or great personal injury.

Negligent Use of a Deadly Weapon

NMSA 1978 Section 30-7-4 makes "negligent use of a deadly weapon" a petty misdemeanor. It reaches discharging a firearm into a building or vehicle or so as to endanger a person or property, carrying a firearm while under the influence of an intoxicant or narcotic, handling a firearm negligently so as to endanger another, and discharging a firearm within one hundred fifty yards of a dwelling or building without the owner's permission. An open carrier is fully subject to this statute. Do not carry while impaired.

Local Regulation Is Limited by the Constitution

The New Mexico Constitution, Article II, Section 6, provides that "no municipality or county shall regulate, in any way, an incident of the right to keep and bear arms." This constitutional language limits the ability of cities and counties to add their own open-carry restrictions. Some local ordinances still address firearms in specific public buildings or parks, and their enforceability against open carriers can be disputed under this clause.

Practical Compliance Summary

• Open carry of a holstered loaded handgun by a person nineteen or older who is not otherwise prohibited is generally lawful without a state permit.
• Stay out of off-limits places: schools, universities, licensed liquor establishments, and posted private property. Treat courthouses as off-limits and follow screening rules.
• Do not consume alcohol or controlled substances while carrying.
• Do not draw or point a firearm except when the use of force is legally justified.
• A seven-day waiting period on firearm sales applies to most purchases under NMSA 1978 Section 30-7-7.3. That section exempts certain buyers, including holders of a valid New Mexico concealed handgun license, federal firearms licensees, law enforcement agencies and officers, and immediate family members.

New Mexico Constitutional Carry Status

New Mexico is NOT a constitutional-carry (permitless concealed carry) state. To carry a concealed loaded handgun in public, a private citizen generally needs a New Mexico concealed handgun license (CHL) or a license from a state New Mexico recognizes by reciprocity. Open carry of a loaded handgun, on the other hand, is generally legal without any license for a person who may lawfully possess a firearm.

What the State Constitution Says

The New Mexico Constitution, Article II, Section 6 secures the right to keep and bear arms but expressly excludes concealed carry from that protection:

"No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

The constitution itself carves concealed carry out of the right to bear arms and leaves it to statutory regulation. That regulation is the Concealed Handgun Carry Act, NMSA 1978 Sections 29-19-1 through 29-19-15. The New Mexico Supreme Court has confirmed this reading: the Concealed Handgun Carry Act does not violate Article II, Section 6, and it does no more than add another exception to the general prohibition on carrying concealed weapons. See State ex rel. New Mexico Voices for Children, Inc. v. Denko, 2004-NMSC-011.

What This Means in Practice

• Open carry of a handgun (for example, in a visible belt holster) by a person who may lawfully possess a firearm is generally permitted without a license. This is the practical setting in which a person carries "without a permit" in New Mexico.
• Concealed carry of a loaded handgun by a private citizen, in public, generally requires a New Mexico concealed handgun license issued by the Department of Public Safety, or a recognized out-of-state license under the reciprocity rules in NMSA 1978 Section 29-19-12.

The controlling criminal statute is NMSA 1978 Section 30-7-2, titled "Unlawful carrying of a deadly weapon." Under Section 30-7-2(A), it is unlawful to carry "a concealed loaded firearm or any other type of deadly weapon anywhere," except in the cases the statute lists. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor. See Section 30-7-2(C). The statute also expressly provides, in Section 30-7-2(B), that nothing in it prevents the carrying of an unloaded firearm.

The exceptions listed in Section 30-7-2(A) are the only ways to carry a concealed loaded firearm lawfully in New Mexico. For a private citizen in a public place, the relevant exception is a valid concealed handgun license under the Concealed Handgun Carry Act. See Section 30-7-2(A)(5).

In a Private Residence or on Your Own Real Property

NMSA 1978 Section 30-7-2(A)(1) provides that the prohibition on carrying a concealed loaded firearm does not apply when a person is "in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee." A person does not need a concealed handgun license to carry concealed in his or her own home or on his or her own real property.

In a Private Vehicle

NMSA 1978 Section 30-7-2(A)(2) provides a vehicle exception: the prohibition does not apply to carrying "in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property." A person may keep a loaded firearm, concealed, in a private vehicle for lawful self-protection without a concealed handgun license. See the Vehicle Carry section of this guide for the detailed analysis.

Who Needs a License, and Who Qualifies

Because permitless concealed carry is not allowed, the license framework matters. Under NMSA 1978 Section 29-19-4(A), the Department of Public Safety issues a concealed handgun license to an applicant who, among other requirements:

• is a United States citizen;
• is a New Mexico resident, or a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member;
• is 21 years of age or older;
• is not a fugitive from justice;
• has not been convicted of a felony;
• is not currently under indictment for a felony;
• is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
• has not been adjudicated mentally incompetent or committed to a mental institution;
• is not addicted to alcohol or controlled substances; and
• has satisfactorily completed a department-approved firearms training course for the category and largest caliber of handgun the applicant wants to be licensed to carry.

Note that being "currently under indictment for a felony" is a disqualifier for the New Mexico concealed handgun license under Section 29-19-4(A)(6). That is a state licensing rule. It is separate from the federal list of persons barred from possessing firearms under 18 U.S.C. 922(g), which does not include "under indictment." (The federal restriction on a person under indictment is a narrower rule, found at 18 U.S.C. 922(n), and it bars shipping, transporting, or receiving a firearm, not simple possession.)

Section 29-19-4(B) lists additional grounds on which the department must deny a license, including certain recent misdemeanor convictions involving a crime of violence, DWI, controlled substances, or assault, battery, or battery against a household member.

License Basics: Term, Fees, Training, and Renewal

These details all come from the Concealed Handgun Carry Act and confirm that New Mexico runs a licensed-carry system, not a permitless one:

• License term. An original or renewed concealed handgun license is valid for four years from the date of issuance, unless suspended or revoked. See NMSA 1978 Section 29-19-3.
• Application fee. The nonrefundable application fee may not exceed $100. The applicant must also submit two full sets of fingerprints, two color photographs, proof of New Mexico residency, and a certified copy of a certificate of completion for a department-approved firearms training course. See NMSA 1978 Section 29-19-5(B).
• Renewal. To renew, a licensee submits a completed renewal form, a $75 renewal fee, and a certificate of completion of a four-hour department-approved refresher firearms training course. See NMSA 1978 Section 29-19-6(F). A license cannot be renewed more than 60 days after it expires; after that, the person must apply for a new license. See Section 29-19-6(G).
• Mid-term refresher. A licensee must also complete a two-hour department-approved refresher firearms training course about two years into the four-year term (taken 22 to 26 months after issuance). See NMSA 1978 Section 29-19-6(H).

Reciprocity With Other States

New Mexico does not recognize every other state's permit automatically. Under NMSA 1978 Section 29-19-12(E), the Department of Public Safety has discretionary authority to recognize or honor a concealed handgun license issued by another state only if that state's issuing authority meets the statute's criteria (for example, standards at least as stringent as or substantially similar to the Concealed Handgun Carry Act, a printed expiration date, license-status verification for law enforcement within three business days, disqualification and revocation requirements, and an applicant who passes a national criminal history record check, is not federally or state prohibited, and completes a qualifying firearms safety program). A visitor relying on an out-of-state license should confirm current recognition with the New Mexico Department of Public Safety before carrying concealed in New Mexico.

Constitutional-Carry Legislation Status

Bills to adopt permitless concealed carry have been introduced in the New Mexico Legislature in recent sessions but have not been enacted. As of the most recent regular session covered by this guide, the Concealed Handgun Carry Act remains in force, and a concealed handgun license is required to carry a concealed loaded handgun in public.

Practical Bottom Line

If you are not in your home or on your own real property, and not in your private vehicle for lawful self-protection, then carrying a concealed loaded handgun in public in New Mexico requires a New Mexico concealed handgun license issued by the Department of Public Safety, or an out-of-state license that New Mexico recognizes under Section 29-19-12. Open carry of a loaded handgun by a person who may lawfully possess a firearm is generally allowed without a license. Carrying a concealed loaded firearm without qualifying for one of the Section 30-7-2(A) exceptions is a petty misdemeanor.

New Mexico Prohibited Places for Concealed Carry

Overview

A New Mexico concealed handgun license does not authorize carry everywhere. Some restrictions come from the general weapons statutes in NMSA 1978 Chapter 30, Article 7, which apply to anyone regardless of license. Other restrictions come from the Concealed Handgun Carry Act itself (NMSA 1978 Chapter 29, Article 19), which states that a license is simply not valid in certain locations. The principal off-limits places below apply to open and concealed carry alike unless a section notes otherwise.

One point to clear up first: there is no single statute that lists every place a concealed handgun licensee may not go. The off-limits rules are scattered across the criminal code and the Concealed Handgun Carry Act. Each location below cites the specific section that controls it.

Public School Premises - NMSA 1978 Section 30-7-2.1

Carrying a deadly weapon on school premises is a fourth degree felony under NMSA 1978 Section 30-7-2.1(A) and (C).

"School premises" is defined in Subsection B as the buildings and grounds, including playgrounds, playing fields, parking areas, and any school bus, of any public elementary, secondary, junior high, or high school in or on which school or school-related activities are being operated under the supervision of a local school board. It also reaches any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.

Note what the statute does and does not cover. By its plain text, Section 30-7-2.1 applies to public schools. It does not list private schools, and it does not list colleges or universities (those are addressed by a separate statute, discussed below).

Statutory exceptions in Subsection A include:

• a peace officer;
• school security personnel;
• a student, instructor, or other school-authorized person engaged in ROTC programs or state-authorized hunter safety training;
• a person conducting or participating in a school-approved program, class, or activity that involves carrying a deadly weapon; and
• a person older than nineteen years of age who is on school premises in a private automobile or other private means of conveyance, for the lawful protection of the person's or another's person or property.

A concealed handgun license does not override Section 30-7-2.1. A licensee may not carry on public K-12 school premises.

University Premises - NMSA 1978 Section 30-7-2.4

Carrying a firearm on university premises is a petty misdemeanor under NMSA 1978 Section 30-7-2.4(A) and (D). This is a separate offense from the school-premises felony above, and it carries a lower penalty.

Subsection C defines "university" to include a baccalaureate degree-granting post-secondary institution, a community college, a branch community college, a technical-vocational institute, and an area vocational school. "University premises" means the buildings and grounds of a university, including playing fields and parking areas, in or on which university activities are conducted, plus other public buildings or grounds used for university-sanctioned activities.

Subsection B requires the university to conspicuously post notices stating that it is unlawful to carry a firearm on university premises.

The exceptions in Subsection A mirror the school statute: a peace officer, university security personnel, ROTC or hunter-safety participants, persons in a university-approved program that involves carrying a firearm, and a person older than nineteen years of age in a private automobile or other private conveyance for lawful protection. A concealed handgun license does not exempt a licensee from this section.

Courthouses and Court Facilities - NMSA 1978 Section 29-19-11

A concealed handgun license is not valid in a courthouse or court facility unless the presiding judicial officer for that courthouse or court facility authorizes it. This rule comes from NMSA 1978 Section 29-19-11. The license simply does not carry into the building, so a licensee who enters armed is in the same position as anyone else carrying without authority, and the court retains contempt and rule-making power over weapons in its building.

Licensed Liquor Establishments - NMSA 1978 Section 30-7-3

Carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages is a fourth degree felony under NMSA 1978 Section 30-7-3(A) and (B).

The statute contains an important carve-out for licensees. Under Subsection A(4), a person carrying a concealed handgun who holds a valid concealed handgun license for that gun may carry on the premises of:

• a licensed establishment that does not sell alcoholic beverages for consumption on the premises (Subparagraph (a)); or
• a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises (Subparagraph (b)), unless the restaurant has posted a sign in a conspicuous location at each public entrance prohibiting the carrying of firearms, or the owner or manager verbally instructs the person that carrying a firearm is not permitted.

In plain terms, a licensee can carry concealed in a grocery store or convenience store with a package liquor license (no on-site drinking) and in a qualifying beer-and-wine restaurant, but cannot carry into a bar or any establishment that serves alcohol for on-premises consumption beyond the beer-and-wine restaurant exception.

Other exceptions in Subsection A cover law enforcement officers, the owner or operator and their agents (including security), guests in hotel or motel sleeping rooms, the parking and vehicular areas of the premises, and temporary firearm displays that are rendered inoperative and under the licensee's control.

Tribal Land - NMSA 1978 Section 29-19-10

A concealed handgun license is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo. This is set out in NMSA 1978 Section 29-19-10. New Mexico has numerous pueblos and tribal jurisdictions, and the rules vary by sovereign. A licensee should confirm the policy of the specific nation, tribe, or pueblo before carrying on its land.

Carrying While Under the Influence - NMSA 1978 Section 30-7-4

Carrying a firearm while under the influence of an intoxicant or narcotic is negligent use of a deadly weapon under NMSA 1978 Section 30-7-4(A)(2), a petty misdemeanor. This is not a location, but it is a frequent companion to the liquor-establishment rules: a licensee who drinks and continues to carry can be charged under this section even where carrying the firearm would otherwise be lawful.

Private Property and Posted Premises - NMSA 1978 Sections 29-19-12 and 30-14-1

A private property owner may disallow the carrying of a concealed handgun on the owner's property. The Concealed Handgun Carry Act recognizes this directly: NMSA 1978 Section 29-19-12(C) directs the department to provide authority for a private property owner to disallow concealed carry on the owner's property.

Enforcement runs through the criminal trespass statute, NMSA 1978 Section 30-14-1. Criminal trespass consists of knowingly entering or remaining upon posted private property without written permission, or knowingly entering or remaining on the unposted land of another knowing that consent to enter or remain has been denied or withdrawn by the owner or occupant. Under Subsection E, criminal trespass is a misdemeanor. New Mexico law does not mandate a specific sign size, color, or wording for excluding firearms from civilian property; clear notice, or a direct instruction from the owner or person in control, is what matters. A person who is told to leave and refuses can be charged under this statute.

Common places that rely on owner posting rather than a dedicated firearms statute include:

• hospitals and medical centers;
• houses of worship that post notice;
• sports arenas and large entertainment venues;
• banks and financial institutions;
• movie theaters and shopping centers.

Federal Facilities - 18 U.S.C. Section 930

Federal law independently prohibits firearms and other dangerous weapons in federal facilities. Under 18 U.S.C. Section 930(a), knowingly possessing a firearm in a federal facility is punishable by a fine, imprisonment of not more than 1 year, or both. A federal facility is a building or part of a building owned or leased by the federal government where federal employees are regularly present to perform official duties, which reaches federal office buildings and similar property.

Two heightened provisions apply. Under Subsection (b), possessing a firearm in a federal facility with intent that it be used in the commission of a crime is punishable by up to 5 years. Under Subsection (e)(1), knowingly possessing a firearm or dangerous weapon in a federal court facility is punishable by a fine, imprisonment of not more than 2 years, or both. Subsection (h) requires conspicuous notice at public entrances, and a person generally cannot be convicted under Subsection (a) or (e) for a facility that is not posted unless the person had actual notice.

A New Mexico concealed handgun license provides no exemption from Section 930. The statute's exceptions are limited to official duties, authorized federal officials and members of the Armed Forces, and lawful carrying incident to hunting or other lawful purposes.

National Parks, Monuments, and Wildlife Refuges

Possession of firearms on most federal park and refuge land is generally governed by the law of the state in which the land sits, so a person who may lawfully carry under New Mexico law may generally possess a firearm in those areas. Federal buildings within parks and refuges, such as visitor centers and ranger stations, remain federal facilities subject to 18 U.S.C. Section 930. Agency-specific rules can add further restrictions, so check the rules for the specific unit.

State Parks

New Mexico state parks generally do not prohibit lawful firearm possession. The state's open-carry and concealed-carry rules apply, including the requirement that concealed carry of a loaded handgun be done only by a person with a valid concealed handgun license.

Government Buildings

State and local government buildings vary. Some, such as the state capitol (the Roundhouse) in Santa Fe and certain executive-branch buildings, restrict firearms by posting or policy. Courthouses are addressed by NMSA 1978 Section 29-19-11 above, which makes a concealed handgun license invalid there absent authorization from the presiding judicial officer. Where a government building is posted or where staff withdraw consent to remain, NMSA 1978 Section 30-14-1 (including Subsection C, which covers state and political-subdivision land) can apply.

Detention and Correctional Facilities

Carry is not permitted at state and federal prisons, jails, and juvenile detention centers. Federally operated facilities fall under 18 U.S.C. Section 930 as federal facilities, and state and county facilities restrict weapons by statute, regulation, and posting; a licensee should treat any detention or correctional facility as off-limits.

A Licensee's Standing Duty

A concealed handgun license is no defense to the location-based prohibitions in NMSA 1978 Sections 30-7-2.1 (public schools), 30-7-2.4 (universities), and 30-7-3 (liquor establishments), and it is simply not valid in a courthouse or court facility (Section 29-19-11) or on tribal land (Section 29-19-10) absent authorization. Practical compliance means:

• knowing the locations on this list;
• reading posted signage at private property and government buildings;
• securing the firearm in a vehicle (in a locked container) before entering an off-limits area; and
• re-arming only after leaving the off-limits area.

Penalty Summary

• Public school premises (Section 30-7-2.1): fourth degree felony.
• University premises (Section 30-7-2.4): petty misdemeanor.
• Licensed liquor establishment (Section 30-7-3): fourth degree felony, subject to the concealed handgun license exceptions in Subsection A(4).
• Carrying while under the influence (Section 30-7-4(A)(2)): petty misdemeanor.
• Criminal trespass past clear notice or a withdrawal of consent (Section 30-14-1): misdemeanor.
• Courthouse or court facility (Section 29-19-11): the concealed handgun license is not valid; carry there absent judicial authorization removes the licensee's authority to carry concealed.
• Tribal land (Section 29-19-10): the concealed handgun license is not valid unless the tribe, nation, or pueblo authorizes it.
• Federal facility (18 U.S.C. Section 930(a)): up to 1 year. With intent to use the firearm in a crime (Subsection (b)): up to 5 years. Federal court facility (Subsection (e)(1)): up to 2 years.

New Mexico's general sentencing ranges set the maximum jail or prison time and fines that attach to each offense grade above. This guide is general information, not legal advice. Confirm the current statute text and any local rules before relying on it.

New Mexico Vehicle Carry Laws

New Mexico law lets most adults keep a loaded handgun in a private vehicle, including concealed, without a license. This page explains the private-vehicle exception, how it interacts with the Concealed Handgun Carry Act, and the places where carrying in or near a vehicle is still restricted. Verify your own situation against the statutes cited below before relying on any general rule.

Private-Vehicle Exception

New Mexico generally makes it a crime to carry a concealed loaded firearm. Under NMSA 1978 Section 30-7-2(A), "unlawful carrying of a deadly weapon" consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in listed situations. One of those listed exceptions, in Section 30-7-2(A)(2), is carrying a firearm in a "private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property."

The practical effect: a person who may lawfully possess a firearm may keep a loaded handgun in a private vehicle in New Mexico, including concealed (for example, in a glove box, console, or under a seat), without holding a concealed handgun license, so long as the firearm is for lawful protection of person or property.

Two related rules in the same statute are worth knowing:

• Section 30-7-2(A)(1) separately allows carrying a concealed loaded firearm in the person's residence or on real property the person owns, leases, or occupies as a tenant or licensee.
• Section 30-7-2(B) states that nothing in the statute prevents the carrying of any unloaded firearm. An unloaded firearm carried openly or concealed is not "unlawful carrying" under this section.

Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor under Section 30-7-2(C). The vehicle exception in Section 30-7-2(A)(2) is one way to stay outside that offense.

Scope of the Vehicle Exception

The Section 30-7-2(A)(2) exception applies to a "private automobile or other private means of conveyance." The statute does not define "private," so the safest reading is a vehicle you own, rent, borrow, or otherwise control for personal use. Some practical lines:

• Public transportation. Buses, trains, and similar public conveyances are not a "private" means of conveyance, so the vehicle exception does not clearly cover them. A licensee carrying concealed would rely on the concealed handgun license exception in Section 30-7-2(A)(5) instead, subject to any operator or facility rules.
• Rented vehicles. A rental car you are driving is generally your "private means of conveyance" while the rental is in effect. The rental agreement may add contractual restrictions that are not part of the criminal statute.
• Commercial or for-hire vehicles. A vehicle being operated commercially is a closer question. If you are unsure whether a vehicle qualifies as "private," the conservative course is to carry concealed only under a valid concealed handgun license.

Vehicle Carry by a License Holder

A New Mexico concealed handgun license is itself an exception to the carry prohibition. Under Section 30-7-2(A)(5), a person with a valid concealed handgun license issued by the Department of Public Safety under the Concealed Handgun Carry Act (Chapter 29, Article 19 NMSA 1978, see Section 29-19-1) may carry a concealed loaded handgun. A licensee carrying in a vehicle therefore does not need to depend on the private-vehicle exception, and the license also authorizes concealed carry on foot when the licensee steps out of the vehicle, subject to the prohibited places covered elsewhere in this guide.

Vehicle Carry by a Non-Resident

Nothing in Section 30-7-2(A)(2) limits the private-vehicle exception to New Mexico residents. A non-resident who may lawfully possess a firearm may rely on the same exception while traveling through New Mexico in a private vehicle. A non-resident who wants to carry concealed on foot would need recognition of an out-of-state license under the reciprocity rules covered elsewhere in this guide, because the private-vehicle exception covers the vehicle, not general concealed carry off the person's property.

Long Guns in a Vehicle

Section 30-7-2 addresses carrying a concealed loaded firearm or other deadly weapon. A rifle or shotgun carried in a vehicle is rarely "concealed" in the sense the statute targets, and Section 30-7-2(B) confirms that carrying an unloaded firearm is not unlawful carrying. A person who may lawfully possess a long gun generally may transport it in a private vehicle, subject to the same limits that apply to any firearm: not in a prohibited place, not in connection with a crime, and not by a prohibited person.

For interstate trips, federal law in 18 U.S.C. Section 926A provides additional protection for transporting a firearm through a state, discussed below.

Vehicle on School Premises

NMSA 1978 Section 30-7-2.1 makes "unlawful carrying of a deadly weapon on school premises" a fourth degree felony under Section 30-7-2.1(C). "School premises" is defined broadly in Section 30-7-2.1(B) and includes school buildings, grounds, playing fields, parking areas, and any school bus.

The statute lists who is exempt. The exemption that matters for vehicle carry is Section 30-7-2.1(A)(5), which covers "a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property." This exception is keyed to age (older than nineteen), not to holding a concealed handgun license. The practical rule:

• A person older than nineteen may drive onto school premises with a firearm in the private vehicle for lawful protection.
• That person may not carry the firearm out of the vehicle and onto school grounds, because the in-vehicle exception in Section 30-7-2.1(A)(5) is limited to the private conveyance. Carrying the weapon on foot on school premises, outside one of the other exceptions in Section 30-7-2.1(A), is the fourth degree felony.

New Mexico courts have read "school premises" to include the parking area and have found a firearm "readily accessible" in a vehicle on campus sufficient to support a charge when no exception applied, so do not treat a campus lot as outside the statute. Universities and other institutions may also impose their own policies on firearms in vehicles on campus; check posted signage and institutional policy.

Vehicle and Licensed Liquor Establishment Parking

NMSA 1978 Section 30-7-3 makes "unlawful carrying of a firearm in licensed liquor establishments" a fourth degree felony under Section 30-7-3(B). It applies to carrying a loaded or unloaded firearm on premises licensed for the dispensing of alcoholic beverages.

For vehicles, Section 30-7-3(A)(6) is the key exception: the prohibition does not apply to "a person on that area of a licensed premises primarily used for vehicular traffic or parking." A firearm in a vehicle in the establishment's parking lot is covered by this parking-area exception. Carrying the firearm into the licensed premises themselves is a different matter, and the limited license-holder exceptions in Section 30-7-3(A)(4) apply only to specific establishments (for example, a place that does not sell alcohol for on-premises consumption, or certain beer-and-wine restaurants that have not posted against firearms). The safe rule is to leave the firearm secured in the vehicle and not carry it into the establishment.

Stopped by Law Enforcement While Carrying in a Vehicle

New Mexico's carry statutes do not impose a general statutory duty for a driver or passenger to volunteer that there is a firearm in the vehicle. A person relying on the private-vehicle exception in Section 30-7-2(A)(2) is not required by Section 30-7-2 to announce the firearm. That said:

• Officers commonly ask whether there are weapons in the vehicle as a matter of routine. Answer truthfully if asked.
• Keep your hands visible, tell the officer before reaching toward any area where a firearm is located, and follow the officer's instructions.
• Concealed handgun license holders should follow the license-holder rules covered in the Duty to Inform section of this guide. Department of Public Safety rules require a licensee to carry the license while carrying a concealed handgun and to show it on a peace officer's request, and Section 29-19-12(B) authorizes an officer to confiscate the license when a licensee violates the Concealed Handgun Carry Act.

Tribal Lands and Boundary Crossings

The private-vehicle exception in Section 30-7-2(A)(2) is a creature of New Mexico state law. It does not automatically apply on tribal land. Under NMSA 1978 Section 29-19-10, a New Mexico concealed handgun license is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo. Many New Mexico pueblos and tribes also have their own firearms regulations that can be more restrictive than state law. A traveler crossing into tribal land should consult the relevant tribal code rather than assume state vehicle-carry rules carry over.

Interstate Travel and FOPA

Travelers passing through New Mexico between two states have a federal protection in 18 U.S.C. Section 926A, the interstate transportation provision of the Firearms Owners' Protection Act. It allows a person who is not otherwise federally prohibited to transport a firearm for any lawful purpose from a place where the person may lawfully possess and carry it to another such place, provided that during transport the firearm is unloaded and neither the firearm nor any ammunition is readily accessible or directly accessible from the passenger compartment. In a vehicle with no separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console. This protection applies notwithstanding contrary state or local law, but it requires that possession be lawful at both the origin and the destination. New Mexico's own vehicle-carry rules are generally more permissive than this federal minimum, so most through-travelers will already satisfy New Mexico law without needing to lock and separate the firearm.

Vehicle Carry Compliance Checklist

• Confirm you may lawfully possess a firearm and are not a prohibited person.
• Carry only for lawful protection of person or property, not in connection with a crime.
• Treat your loaded handgun in a private vehicle as covered by Section 30-7-2(A)(2); an unloaded firearm is allowed under Section 30-7-2(B).
• Do not carry the firearm out of the vehicle into a prohibited place. School premises (Section 30-7-2.1) and the interiors of licensed liquor establishments (Section 30-7-3) are fourth degree felonies without an applicable exception.
• On school premises, the in-vehicle exception (Section 30-7-2.1(A)(5)) applies to a person older than nineteen and does not let you carry the firearm out of the vehicle.
• In a liquor-establishment parking lot, rely on the parking-area exception (Section 30-7-3(A)(6)) and keep the firearm in the vehicle.
• If stopped by law enforcement, keep your hands visible, answer truthfully if asked about weapons, and follow instructions.
• If you hold a concealed handgun license, carry it and follow the Duty to Inform section of this guide.
• For interstate trips, the federal protection in 18 U.S.C. Section 926A requires the firearm to be unloaded and not readily accessible from the passenger compartment, locked away from the glove box and console if there is no separate compartment.

New Mexico Concealed Carry Reciprocity

New Mexico requires a license to carry a concealed handgun. It is not a permitless-concealed-carry state. Under NMSA 1978 Section 30-7-2, carrying a concealed loaded firearm in public is unlawful unless an exception applies, and one of those exceptions is holding a valid concealed handgun license issued under the Concealed Handgun Carry Act (NMSA 1978 Section 30-7-2(A)(5)). Open carry of a loaded firearm by a person who may lawfully possess one is generally legal in New Mexico without a license, and NMSA 1978 Section 30-7-2(B) states that nothing in that section prevents the carrying of an unloaded firearm. Reciprocity matters here in two directions: whether New Mexico recognizes another state's permit, and whether another state recognizes the New Mexico concealed handgun license (CHL).

Statutory Authority

New Mexico's authority to recognize concealed-carry permits from other states comes from NMSA 1978 Section 29-19-12. That statute directs the Department of Public Safety to promulgate the rules that implement the Concealed Handgun Carry Act, and Subsection E gives the department discretionary authority to provide for the transfer, recognition, or reciprocity of a concealed handgun license issued by another state.

Recognition is discretionary, not automatic. Section 29-19-12(E) says the rules may provide for recognition or reciprocity of an out-of-state license "if" the issuing authority for the other state meets the criteria listed below. The Department of Public Safety maintains the operative list of states whose permits New Mexico honors, and that list is the binding source for which permits are currently recognized.

Reciprocity Standard

Under NMSA 1978 Section 29-19-12(E), the department may recognize an out-of-state concealed handgun license if the issuing authority for the other state:

1. Includes provisions at least as stringent as or substantially similar to the Concealed Handgun Carry Act (Section 29-19-12(E)(1));
2. Issues a license or permit with an expiration date printed on the license or permit (Section 29-19-12(E)(2));
3. Is available to verify the license or permit status for law enforcement purposes within three business days of a request (Section 29-19-12(E)(3));
4. Has disqualification, suspension, and revocation requirements for the license or permit (Section 29-19-12(E)(4)); and
5. Requires that an applicant for the license or permit (Section 29-19-12(E)(5)):
   • submit to a national criminal history record check;
   • not be prohibited from possessing firearms under federal or state law; and
   • satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms, and marksmanship.

Note what this statute does not say. Section 29-19-12 does not set a specific minimum-age figure for the other state's permit, and it does not condition New Mexico's recognition on the other state agreeing to recognize the New Mexico CHL. Recognition turns on the discretionary rulemaking authority and the criteria above, as applied by the Department of Public Safety.

Non-Resident Carry in New Mexico

A non-resident may carry a concealed handgun in New Mexico in one of two ways.

1. Carrying under a recognized out-of-state permit. If the visitor holds a concealed-carry permit from a state whose permits New Mexico currently recognizes, the visitor may carry concealed in New Mexico under that permit, subject to every New Mexico location, conduct, and prohibited-person rule.
2. Obtaining a New Mexico CHL. New Mexico does not issue a separate non-resident license category. To hold a New Mexico CHL, an applicant must satisfy the qualifications in NMSA 1978 Section 29-19-4, which require the applicant to be a citizen of the United States and to be a resident of New Mexico, or a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member (Section 29-19-4(A)(1) and (A)(2)). For most non-residents who are not stationed in New Mexico, the first pathway is the only practical one.

A visitor without a recognized permit who does not hold a New Mexico CHL cannot lawfully carry concealed in public in New Mexico. That person may still rely on the private-automobile exception in NMSA 1978 Section 30-7-2(A)(2), which allows carrying a loaded firearm in a private automobile or other private means of conveyance for lawful protection of the person's or another's person or property, and may still open-carry a loaded firearm where permitted.

Rules That Apply to Every Concealed Carrier in New Mexico

A person carrying under a recognized out-of-state permit must follow the same New Mexico rules as a New Mexico CHL holder. The key ones are:

• License in possession. A licensee must have the concealed handgun license in possession at all times while carrying a concealed handgun (NMSA 1978 Section 29-19-9).
• Tribal land. A New Mexico concealed handgun license is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo (NMSA 1978 Section 29-19-10).
• School premises. Carrying a deadly weapon on school premises is unlawful and is a fourth degree felony, with no concealed-license exception. The narrow exceptions are listed in NMSA 1978 Section 30-7-2.1, and they include a person older than nineteen years of age who keeps the weapon in a private automobile for lawful protection (Section 30-7-2.1(A)(5)).
• University premises. Carrying a firearm on university premises is unlawful and is a petty misdemeanor, again with no concealed-license exception. The exceptions, including a person older than nineteen in a private automobile, are in NMSA 1978 Section 30-7-2.4, which also requires universities to post notice.
• Licensed liquor establishments. Carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages is unlawful and is a fourth degree felony under NMSA 1978 Section 30-7-3. A CHL holder may carry only in the limited situations the statute allows, such as a licensed establishment that does not sell alcohol for on-premises consumption, or a restaurant licensed to sell only beer and wine that derives at least sixty percent of its annual gross receipts from food, absent a posted sign or a verbal instruction prohibiting firearms (Section 30-7-3(A)(4)).

A private property owner may also prohibit concealed carry on the owner's property, which the department's rules are directed to allow under NMSA 1978 Section 29-19-12(C).

States Whose Permits New Mexico Recognizes

The Department of Public Safety publishes the operative list of states whose concealed-carry permits New Mexico recognizes. Because Section 29-19-12 makes recognition discretionary and the list changes as other states amend their carry laws, the list below is a snapshot of states New Mexico has recognized in recent years and is not a substitute for the current Department of Public Safety list.

A traveler carrying under any of these permits must comply with every New Mexico carry rule, including the location restrictions in NMSA 1978 Sections 30-7-2.1, 30-7-2.4, and 30-7-3, the license-in-possession rule in Section 29-19-9, the tribal-land limitation in Section 29-19-10, and the prohibited-person rules.

Alaska, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.

Verify the current list directly with the New Mexico Department of Public Safety before relying on it for a specific trip. Reciprocity arrangements are added and rescinded as state laws change.

States Whose Permits New Mexico Does Not Currently Recognize

If a state does not appear on the Department of Public Safety list, a holder of that state's permit cannot lawfully carry concealed in public in New Mexico under the home-state permit. That person must qualify for a New Mexico CHL (which, for a non-resident, generally requires armed-forces stationing in New Mexico under Section 29-19-4) or rely on a different statutory exception, such as the private-automobile exception in NMSA 1978 Section 30-7-2(A)(2).

States that have not been on New Mexico's recognized list in recent years include: Alabama, Arizona, California, Connecticut, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, and Washington. The reason a given state is or is not recognized is set by the Department of Public Safety's application of the Section 29-19-12 criteria, not by any list written into the statute itself, so confirm current status with the department.

Where the New Mexico CHL Is Recognized Out of State

If you hold a New Mexico CHL and travel out of state, whether you may carry there is determined by the destination state's reciprocity rules, not by New Mexico's. Some states recognize the New Mexico CHL by name; others, often called permitless or constitutional-carry states, allow concealed carry by any person who may lawfully possess a firearm, so a permit is not required for carry there in the first place. In either case you remain subject to the destination state's location, conduct, and prohibited-person rules, which may differ sharply from New Mexico's.

Because each destination state controls its own recognition, the only reliable sources are that state's attorney general or state police, not a New Mexico list. Confirm recognition with the destination state before you travel.

Federal Rules That Affect Cross-State Carry

• Interstate transport (safe passage). Under 18 U.S.C. 926A, a person who is not otherwise prohibited from possessing a firearm may transport it from a place where they may lawfully possess and carry it to another such place, provided that during transport the firearm is unloaded and neither the firearm nor any ammunition is readily accessible or directly accessible from the passenger compartment. In a vehicle without a separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console. This is the provision to rely on when a route passes through a state that does not recognize your permit.
• Gun-Free School Zones Act. Federal law at 18 U.S.C. 922(q) generally prohibits possessing a firearm in a school zone, with an exception at 18 U.S.C. 922(q)(2)(B)(ii) for a person licensed to carry by the state in which the school zone is located, where that state requires law-enforcement verification before issuing the license. Because the exception is tied to the state where the school zone sits, a New Mexico CHL satisfies this federal exception only for school zones in New Mexico, not for school zones in another state. New Mexico's own school-premises and university-premises statutes (Sections 30-7-2.1 and 30-7-2.4) still apply and contain no concealed-license exception.
• Airports and aircraft. Carrying a firearm into the secured area of an airport or onto an aircraft is governed by 49 U.S.C. 46505, which makes it a federal offense to have a concealed dangerous weapon accessible in flight or to place a loaded firearm on an aircraft in property accessible to passengers. A concealed-carry permit does not authorize carry past a TSA checkpoint. Firearms for air travel must be unloaded, in a locked hard case, and declared as checked baggage.
• Law enforcement officers. Qualified active law enforcement officers carry concealed under 18 U.S.C. 926B and qualified retired officers under 18 U.S.C. 926C. These are federal authorities that operate independently of New Mexico's reciprocity rules; they are not a New Mexico state exemption.

Practical Cross-State Carry Compliance

• Confirm the current Department of Public Safety recognition list before you carry under an out-of-state permit in New Mexico, and confirm the destination state's recognition before you carry a New Mexico CHL elsewhere.
• Keep your license and a government-issued photo ID on you whenever you carry. New Mexico requires the license in your possession while carrying concealed (Section 29-19-9).
• Know the destination state's prohibited places, capacity limits, and vehicle-storage rules, which can differ from New Mexico's.
• Do not assume permitless carry overrides location restrictions. Even in a permitless-carry state, schools, courthouses, federal buildings, and posted private property are typically off-limits.
• For a route through a non-recognizing state, secure the firearm under 18 U.S.C. 926A (unloaded, in a locked container other than the glove box or console, not accessible from the passenger compartment).

Reciprocity Reference Sources

• NMSA 1978 Section 29-19-12 - Discretionary authority and criteria for recognizing out-of-state permits.
• NMSA 1978 Section 29-19-4 - New Mexico CHL applicant qualifications, including the residency and armed-forces-stationing requirement.
• NMSA 1978 Section 30-7-2 - Unlawful carrying of a deadly weapon; CHL exception and private-automobile exception.
• NMSA 1978 Section 29-19-9 - Requirement to keep the license in possession while carrying.
• NMSA 1978 Section 29-19-10 - License not valid on tribal land without tribal authorization.
• NMSA 1978 Sections 30-7-2.1, 30-7-2.4, and 30-7-3 - School premises, university premises, and licensed liquor establishments, which apply to every carrier regardless of permit.
• 18 U.S.C. 926A - Federal interstate safe-passage transport provision.
• 18 U.S.C. 922(q) - Federal Gun-Free School Zones Act and its licensed-carrier exception.
• 49 U.S.C. 46505 - Federal prohibition on carrying a weapon on an aircraft.
• 18 U.S.C. 926B and 926C - Federal concealed-carry authority for qualified active and retired law enforcement officers.
• New Mexico Department of Public Safety - Publisher of the operative inbound reciprocity list.

New Mexico Use of Force Laws

Overview

The use of force in New Mexico is governed by a combination of (1) codified statutory provisions on justifiable homicide, (2) common-law self-defense and defense-of-others doctrines developed by the New Mexico Supreme Court and Court of Appeals, and (3) the uniform jury instructions (UJIs) used in criminal trials. The central statute is NMSA 1978 Section 30-2-7 (justifiable homicide by citizen). New Mexico has not enacted a separate, comprehensive "stand your ground" statute. Instead, the limits on defensive force come from Section 30-2-7 as interpreted by the courts and applied through the uniform jury instructions.

Justifiable Homicide - NMSA 1978 Section 30-2-7

Section 30-2-7 provides that homicide is justifiable when committed by any person in any of the following cases:

1. When committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family;
2. When committed in the lawful defense of himself or of another and when there is a reasonable ground to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished; or
3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in his presence, or in lawfully suppressing any riot, or in necessarily and lawfully keeping and preserving the peace.

This statute is the statutory anchor for self-defense, defense of another, and defense of habitation in New Mexico homicide cases.

Elements of Self-Defense

Under New Mexico case law and the uniform jury instructions on self-defense, the use of deadly force in defense of a person is justified only if three elements are met. The New Mexico Supreme Court has stated these as: (1) an appearance of immediate danger of death or great bodily harm to the defendant; (2) the defendant was in fact put in such fear by the apparent danger; and (3) a reasonable person in the same circumstances would have reacted in a similar manner. State v. Martinez, 1981-NMSC-016, 95 N.M. 421, 622 P.2d 1041 (cited in the annotations to Section 30-2-7).

All three elements must be satisfied. The second element involves the defendant's actual (subjective) fear. The third element is an objective reasonable-person test. If any element is missing, the defendant is not entitled to a self-defense instruction.

Imminent Danger Requirement

The threatened harm must be imminent, meaning immediate and present, not future or speculative. New Mexico courts have long held that a defender cannot use deadly force against a person who is merely making threats about future conduct or who has retreated and abandoned the confrontation. When the necessity for force ceases, the right to use force ceases with it. See Brown v. Martinez, 1961-NMSC-040, 68 N.M. 271, 361 P.2d 152 (a killing in pursuit of a fleeing would-be felon, after the necessity has ended, is not justified).

Reasonableness Standard

New Mexico applies an objective reasonableness standard, viewed in light of the circumstances known to the defender at the time. The jury evaluates the defendant's conduct from the standpoint of a reasonable person in the same situation, with the same knowledge the defendant had at the moment force was used, and not according to the actual facts as they later developed at trial. The use of excessive force is not reasonable and does not support a self-defense instruction. State v. Sutphin, 2007-NMSC-045, 142 N.M. 191, 164 P.3d 72 (cited in the annotations to Section 30-2-7).

Duty to Retreat and Defense of Habitation

New Mexico has long recognized that a householder whose home is attacked is not obliged to retreat and may use force, including deadly force, when reasonably necessary to repel a felonious attack on the dwelling. State v. Couch, 1946-NMSC-047, 52 N.M. 127, 193 P.2d 405 (cited in the annotations to Section 30-2-7). The danger is judged from the standpoint of the person attacked.

Outside the home, New Mexico's uniform jury instructions on self-defense do not impose a freestanding duty to retreat as a separate element that defeats the claim. A person who is lawfully present where he or she has a right to be, who is not the initial aggressor, and who reasonably perceives an imminent threat of death or great bodily harm, may use proportionate defensive force without a categorical requirement to retreat first. Whether retreat was possible can still bear on the jury's reasonableness and necessity analysis.

Initial Aggressor Disqualification

A person who provokes or initiates the unlawful confrontation generally cannot claim self-defense for the force that results. A defendant who provokes an encounter, as a result of which the defendant finds it necessary to use deadly force in defense, cannot claim he was acting in self-defense. State v. Lucero, 1998-NMSC-044, 126 N.M. 552, 972 P.2d 1143; State v. Chavez, 1983-NMSC-037, 99 N.M. 609, 661 P.2d 887 (both cited in the annotations to Section 30-2-7).

Under the uniform jury instructions and New Mexico case law, an initial aggressor's right of self-defense may be restored in limited circumstances, such as where the aggressor genuinely withdraws from the encounter, or where the other party responds to a non-deadly provocation with deadly force. These are fact questions for the jury.

Defense of a Third Person

Section 30-2-7 expressly authorizes the use of force in the lawful defense "of another." The defender generally steps into the shoes of the person being defended. Defense of another is available even where the underlying charge is involuntary homicide. State v. Gallegos, 2001-NMCA-021, 130 N.M. 221, 22 P.3d 689 (cited in the annotations to Section 30-2-3).

Defense of Property

Section 30-2-7 lists "the necessary defense of ... his property." Under longstanding New Mexico law, the use of deadly force in defense of property alone is generally not justified absent a concurrent threat of imminent personal harm. The use of a deadly weapon in the protection of property is generally held, except in extreme cases, to be the use of more than justifiable force, and can render the user liable both civilly and criminally for the assault. Brown v. Martinez, 1961-NMSC-040, 68 N.M. 271, 361 P.2d 152 (cited in the annotations to Section 30-3-2). Non-deadly force may be permissible to defend property, but deadly force in defense of property alone is not.

Battered Person Syndrome Evidence

New Mexico, like most states, allows evidence relating to a recognized syndrome of abuse (commonly described as battered woman or battered spouse syndrome) to be considered in support of a self-defense claim, where it bears on the defendant's perception of imminent danger. This evidence is admitted through expert testimony and is evaluated under New Mexico's ordinary rules of evidence and self-defense law; it does not create a separate, freestanding defense.

When Defensive Force Is Not Justified: Related Offenses

A person who uses deadly force in circumstances a jury finds objectively unjustified may face homicide or assault charges. The grades below are taken directly from the cited statutes:

• Voluntary manslaughter (a killing upon a sudden quarrel or in the heat of passion) is a third degree felony. NMSA 1978 Section 30-2-3(A).
• Involuntary manslaughter (an unlawful killing in the commission of an unlawful act not amounting to a felony, or a lawful act done in an unlawful manner or without due caution and circumspection) is a fourth degree felony. NMSA 1978 Section 30-2-3(B). New Mexico courts require a showing of criminal negligence for involuntary manslaughter.
• Second degree murder (an unlawful killing, without sufficient provocation, where the person knows the acts create a strong probability of death or great bodily harm) is a second degree felony resulting in the death of a human being. NMSA 1978 Section 30-2-1(B). First degree murder is a capital felony. NMSA 1978 Section 30-2-1(A).
• Aggravated assault with a deadly weapon (for force short of homicide, such as pointing a firearm) is a fourth degree felony. NMSA 1978 Section 30-3-2.

New Mexico case law recognizes that when a self-defense claim fails because the defender used excessive force, the killing may be reduced to voluntary manslaughter rather than murder. State v. Abeyta, 1995-NMSC-052, 120 N.M. 233, 901 P.2d 164 (cited in the annotations to Section 30-2-3).

Civil Liability

A defender who is acquitted of, or never charged with, a crime arising from a use of force may still face civil liability in a wrongful-death or personal-injury action. New Mexico does not provide a broad statutory civil-immunity shield for a justified use of force. As Brown v. Martinez illustrates, an unjustified use of force, especially in defense of property, can expose the actor to both criminal and civil liability.

Practical Use-of-Force Compliance

• Use force only against an imminent threat of death or great bodily harm.
• Use only the amount of force reasonably necessary to stop the threat.
• Stop using force the moment the threat ends.
• Do not chase a fleeing assailant unless it is still necessary to prevent imminent further harm.
• Cooperate with law enforcement after the incident, but exercise the right to counsel before making detailed statements.
• Document the incident with witness contact information and the locations of physical evidence.

Reporting a Defensive Use of Force

New Mexico does not have a specific statute requiring a private citizen to report a discharge in self-defense. As a practical matter, calling 911 immediately and reporting the incident is important to a credible self-defense claim. A defender who flees or who is identified only after the fact will face a steeper credibility burden at trial.

Disclaimer

This page is general legal information, not legal advice. Use-of-force law in New Mexico turns heavily on the specific facts of each incident and on case law and uniform jury instructions that change over time. If you are involved in a self-defense incident, consult a licensed New Mexico attorney.

New Mexico Castle Doctrine and Stand Your Ground

New Mexico has no single statute labeled "castle doctrine" or "stand your ground." Instead, the right to defend yourself in your home rests on a long line of New Mexico court decisions interpreting the justifiable-homicide statute, NMSA 1978 Section 30-2-7, together with the uniform jury instructions the courts apply in self-defense cases. This section explains what the statute actually says, where the case law fills the gaps, and where common assumptions about New Mexico law are wrong.

Castle Doctrine in New Mexico: Common-Law Roots

New Mexico recognizes the castle doctrine as a common-law principle: a person who is unlawfully attacked in his or her own home or "castle" has no duty to retreat before using force, including deadly force when reasonably necessary, to defend against the attack. The New Mexico Supreme Court stated the rule plainly in State v. Couch, 1946-NMSC-047, holding that a householder "was not obliged to retreat" when the home was attacked, and that "an attack upon a dwelling, and especially in the night, the law regards as equivalent to an assault on a man's person, for a man's house is his castle." That decision is cited in the annotations to Section 30-2-7 and remains good law.

The doctrine is therefore a product of New Mexico case law and standard jury instructions, not a separate "castle doctrine statute." There is no NMSA section that codifies a stand-alone castle doctrine the way Florida or other states have done.

Statutory Foundation: NMSA 1978 Section 30-2-7

The codified justifiable-homicide statute is NMSA 1978 Section 30-2-7 (Justifiable homicide by citizen). Read the statute carefully, because its lettering matters:

• Subsection A authorizes homicide "when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family."
• Subsection B authorizes homicide "when committed in the lawful defense of himself or of another and when there is a reasonable ground to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished."
• Subsection C covers killing while lawfully apprehending a felon, suppressing a riot, or keeping the peace.

The statute itself does not impose a duty to retreat as a precondition. The castle-doctrine corollary, that the home is a place of no retreat, comes from the case law and the standard jury instructions, not from the text of Section 30-2-7. Note that the operative paragraphs are lettered A, B, and C. There is no numbered "Section 30-2-7(1)."

Scope of the Castle: The Home

Under New Mexico's castle doctrine, the home is the central protected space. As a practical matter, "home" generally includes:

• A single-family residence, condominium, or apartment occupied by the defender;
• A mobile home or trailer that is the defender's residence;
• A hotel room or other lodging the defender lawfully occupies;
• The curtilage (the immediately surrounding land used as part of the residence, such as porches and attached garages).

New Mexico statutes do not define "home" or "dwelling" for castle-doctrine purposes; the scope is developed case by case under the reasonableness standard the courts apply to Section 30-2-7.

Curtilage and Outbuildings

Outbuildings clearly within the curtilage of the home (attached or close-proximity garages, screened porches) are generally treated as part of the home for castle purposes. Detached outbuildings such as a barn or a workshop separated by significant distance raise factual questions and are not automatically within the castle. New Mexico law treats this as part of the totality-of-the-circumstances reasonableness inquiry rather than a bright-line statutory rule.

Vehicles and the Castle Doctrine

New Mexico has not by statute extended a categorical castle doctrine to vehicles in the broad form some states have adopted. There is no "castle in the car" statute.

What New Mexico law does provide is a carry right, not a use-of-force presumption. NMSA 1978 Section 30-7-2(A)(2) lets a person carry a loaded firearm "in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property" without it being unlawful carrying of a deadly weapon. That is an exception to the concealed-carry prohibition, not a self-defense rule. If you are attacked in your vehicle and use force, your conduct is judged under the same Section 30-2-7 standard that applies anywhere else: whether a reasonable person in the same circumstances would have acted as you did. Your status as the lawful occupant, the threat presented, and the availability of a safe escape are all relevant to that reasonableness analysis.

Workplaces and Businesses

A business owner or employee defending against an attack in the workplace is not automatically within the traditional castle doctrine, but may still use deadly force when reasonably necessary under Section 30-2-7. The reasonableness analysis considers whether retreat was a safe option. In many workplace settings, the defender is treated similarly to a person attacked in any other place where the defender has a right to be.

"Stand Your Ground": The New Mexico Position

New Mexico has not enacted a comprehensive "stand your ground" statute in the form adopted by Florida, Georgia, Texas, and many other states. There is no NMSA section that abolishes any duty to retreat outside the home.

That said, the practical effect of New Mexico case law and jury instructions is closer to "stand your ground" than to a strict duty-to-retreat rule:

• In one's home: no duty to retreat (the castle doctrine recognized in State v. Couch).
• Outside the home, where the defender has a legal right to be and is not the initial aggressor: the defender's reasonableness in using force is evaluated against the totality of the circumstances. The availability of safe retreat is one factor in that analysis, not a separate threshold the defense fails for not meeting.

New Mexico's uniform self-defense instruction requires three things, drawn from cases interpreting Section 30-2-7: (1) an appearance of immediate danger of death or great bodily harm to the defender; (2) the defender was in fact put in fear by that apparent danger; and (3) a reasonable person in the same circumstances would have acted as the defender did. See State v. Martinez, 1981-NMSC-016, cited in the annotations to Section 30-2-7. The instruction does not require the defender to prove an attempted retreat first.

Initial Aggressor Disqualification

The castle doctrine and self-defense generally do not protect an initial aggressor. New Mexico courts hold that "a defendant who provokes an encounter, as a result of which the defendant finds it necessary to use deadly force in defense, cannot claim defendant was acting in self-defense." State v. Lucero, 1998-NMSC-044, cited in the annotations to Section 30-2-7. A defender who started the unlawful confrontation cannot rely on the castle doctrine to justify force in the ensuing encounter, subject to the usual exceptions for withdrawal and for a grossly disproportionate escalation by the other person.

Excessive and Imperfect Self-Defense

New Mexico draws a line at excessive force. The use of excessive force in self-defense is not reasonable and does not entitle a person to a self-defense instruction. State v. Sutphin, 2007-NMSC-045. Where a person uses excessive force while otherwise lawfully defending, New Mexico treats that as "imperfect self-defense," which is not a complete defense; it is addressed through the voluntary-manslaughter instruction rather than acquittal. State v. Herrera, 2014-NMCA-007. Voluntary manslaughter in New Mexico is a third degree felony and involuntary manslaughter is a fourth degree felony under NMSA 1978 Section 30-2-3.

Presumption of Reasonableness in the Home

New Mexico has not adopted by statute the kind of rebuttable presumption of reasonable fear that some other states' castle-doctrine statutes provide, under which a defender is presumed to have acted reasonably when faced with an unlawful entry into the home. In New Mexico the defender must establish the elements of self-defense as in any other case. The home setting is treated as a strong factual circumstance weighing in favor of reasonableness, but it is not a statutory presumption that shifts the analysis automatically.

Defense of Family Members

Subsection A of Section 30-2-7 authorizes the use of force "in the necessary defense of his life, his family or his property," and protects "defending against any unlawful action directed against himself, his wife or family." The defender steps into the family member's shoes: the use of force is justified only if the family member would have been justified in using force in self-defense, judged by the same reasonableness standard. New Mexico jury instructions allow the defender's perception of danger to be viewed from the defender's standpoint at the time. See State v. Maestas, 1957-NMSC-057, cited in the annotations to Section 30-2-7.

Civil Immunity

New Mexico does not provide broad civil immunity for justified uses of force by statute. A defender who is acquitted of criminal charges may still face a civil wrongful-death or personal-injury suit. A criminal acquittal does not, by itself, bar a later civil action, because the civil case applies a lower burden of proof. New Mexico has no statute that grants immunity from civil suit or awards attorney fees to a person who lawfully used defensive force, unlike some other states' castle-doctrine statutes.

How Carry Law Fits the Picture

The castle doctrine governs when you may use force. Separate statutes govern when and how you may carry the firearm in the first place:

• Open carry of a loaded firearm is generally lawful in New Mexico for a person who may lawfully possess a firearm. The unlawful-carrying statute, NMSA 1978 Section 30-7-2, only reaches a "concealed loaded firearm or any other type of deadly weapon," and Subsection B states that "nothing in this section shall be construed to prevent the carrying of any unloaded firearm." The New Mexico Constitution, Article II, Section 6, protects the right to bear arms "but nothing herein shall be held to permit the carrying of concealed weapons."
• Concealed carry of a loaded handgun requires a license. Section 30-7-2(A)(5) makes it lawful to carry concealed only when the person holds "a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act," which is NMSA 1978 Chapter 29, Article 19. New Mexico is not a permitless (constitutional) concealed-carry state.
• Violating Section 30-7-2 (unlawful carrying of a deadly weapon) is a petty misdemeanor under Subsection C.

Practical Castle Doctrine Compliance

• In the home, you have no duty to retreat before defending against an imminent attack. Outside the home, the absence of a safe retreat option strengthens the defense, but New Mexico does not require you to flee first.
• Use only the force that is reasonably necessary. Excessive force forfeits the defense and can reduce a justified-homicide claim to voluntary manslaughter.
• Never escalate from words to force, and never start the confrontation. An initial aggressor loses the protection of self-defense.
• Stop using force the moment the threat ends.
• Carry legally. A loaded handgun carried concealed without a New Mexico concealed handgun license is itself a petty misdemeanor and undercuts any later self-defense posture.
• Cooperate with law enforcement after the incident, but exercise the right to counsel before giving detailed statements.

This section describes general principles of New Mexico law and is not legal advice. Self-defense outcomes turn on specific facts, the applicable jury instructions, and current case law. Consult a licensed New Mexico attorney about any actual incident.

New Mexico Duty to Inform Law Enforcement

The Short Answer: New Mexico Has No Statutory Duty to Inform

New Mexico does not have a statute that requires a concealed handgun licensee to proactively tell a police officer that they are carrying a firearm. The Concealed Handgun Carry Act (NMSA 1978 Chapter 29, Article 19) contains no "duty to inform" provision, no "display on demand" provision, and no requirement to announce that you are armed during a traffic stop or other encounter.

The only obligation the Act places on a licensee while carrying is the one in NMSA 1978 Section 29-19-9: a licensee must have the concealed handgun license in their possession at all times while carrying a concealed handgun. That is the entire text of the statute. It is a possession requirement, not a disclosure requirement.

This is different from states that have an explicit duty-to-inform law. New Mexico's law is silent on disclosure, so the practical guidance below is about reducing risk during an encounter, not about complying with a notification statute that does not exist.

What NMSA 1978 Section 29-19-9 Actually Requires

The full statutory text of Section 29-19-9 (titled "Possession of license") reads:

A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun.

Read that carefully, because the practical takeaways are narrow:

1. The duty applies only while you are carrying a concealed handgun. A "concealed handgun" is defined in NMSA 1978 Section 29-19-2(D) as a loaded handgun that is not visible to the ordinary observation of a reasonable person.
2. The duty is to possess (have on your person or otherwise in your immediate possession) the physical license card, not to display it on demand and not to carry separate photo identification under this section.
3. The statute does not direct you to say anything to anyone. It does not mention peace officers at all.

New Mexico requires a license to carry concealed. It is not a permitless or constitutional concealed-carry state. Carrying a concealed loaded firearm without a valid license, and without fitting another exception, is unlawful carrying of a deadly weapon under NMSA 1978 Section 30-7-2, a petty misdemeanor under Section 30-7-2(C).

No Statutory "Display on Demand" Either

Some guides describe a New Mexico "display on demand" duty, where a licensee must hand the license to an officer when asked. The statute does not say this. Section 29-19-9 requires possession only. There is no provision in the Concealed Handgun Carry Act that compels a licensee to produce the license to a peace officer on request.

Separately, NMSA 1978 Section 29-19-12(B) directs the Department of Public Safety to adopt a rule giving a law enforcement officer authority to confiscate a concealed handgun license when a licensee violates the Act. That is a rule about confiscation after a violation, not a statutory command that you display the license to any officer who asks.

In practice, when an officer is conducting a lawful stop and asks to see your license, cooperating is the prudent course. Just understand that the obligation comes from the practical dynamics of the encounter and from any lawful order the officer gives, not from a New Mexico disclosure statute.

Practical Compliance: Why Volunteering Is Still Smart

Because New Mexico imposes no notification duty, what follows is risk management, not a legal requirement.

Many experienced licensees choose to tell an officer, calmly and early, that they hold a New Mexico concealed handgun license and are carrying. The reasons are practical:

• It reduces the chance an officer is surprised by the firearm during the encounter.
• It avoids the risk that a reach toward a wallet, glovebox, or pocket is misread as a movement toward a weapon.
• It generally improves the tone of the interaction.

None of this is mandated by statute. You are free to decide how much to volunteer, subject to the rule that you may not lie to an officer or actively obstruct one (see the section on obstruction below).

A Sensible Traffic-Stop Sequence

This sequence is not prescribed by any New Mexico statute. It reflects common safety practice.

1. Pull over promptly and safely, ideally to a well-lit area.
2. At night, turn on your interior dome light.
3. Lower the driver's window.
4. Place both hands on the steering wheel where the officer can see them.
5. When the officer makes contact, if you choose to disclose, say plainly: "Officer, I have a New Mexico concealed handgun license and I am carrying. The firearm is [location]."
6. Do not reach for the firearm, your license, or anything else until the officer tells you to, and tell the officer where you are reaching before you move.

Who Counts as a Peace Officer

The Concealed Handgun Carry Act does not define "peace officer," so there is no special CHL-specific definition to rely on. In ordinary terms, the practical guidance above applies to any sworn law enforcement officer acting in the lawful discharge of duty, including New Mexico State Police, county sheriff's deputies, and municipal police officers. When an officer is in plain clothes, it is reasonable to ask to see credentials before treating the person as an officer.

Consequences of a Violation

There is no separate criminal penalty in the Concealed Handgun Carry Act for failing to have your license in your possession. The Act does not create a petty misdemeanor for a Section 29-19-9 violation. Instead, the consequences are administrative and indirect:

• Suspension or revocation of the license. Under NMSA 1978 Section 29-19-6(I), the Department of Public Safety must suspend or revoke a concealed handgun license if, after the license is issued, the licensee violates a provision of the Concealed Handgun Carry Act. Failing to keep the license in your possession while carrying is such a violation.
• Possible license confiscation by an officer. As noted above, Section 29-19-12(B) authorizes a Department rule allowing an officer to confiscate the license when a licensee violates the Act.
• Unlicensed concealed carry exposure. If you cannot show that you actually hold a valid license, you risk being treated as carrying a concealed loaded firearm without a license, which is unlawful carrying of a deadly weapon under NMSA 1978 Section 30-7-2, a petty misdemeanor under Section 30-7-2(C).

Note that NMSA 1978 Section 29-19-13 is titled "Fund created" and concerns the concealed handgun carry fund in the state treasury. It does not govern suspension, revocation, or any duty to inform. Suspension and revocation live in Section 29-19-6.

Do Not Obstruct, and Do Not Lie

While New Mexico has no duty to inform, it does have a separate offense for interfering with officers. NMSA 1978 Section 30-22-1 makes resisting, evading, or obstructing an officer a misdemeanor. This includes intentionally fleeing from an officer who is trying to detain or arrest you, refusing to stop a vehicle for a uniformed officer in a marked police vehicle, and resisting or abusing a peace officer in the lawful discharge of duty.

The practical point: you are not required to announce that you are armed, but you also cannot give an officer false information or physically obstruct a lawful stop. If an officer asks a direct question, answer truthfully or decline to answer; do not lie.

Officer Discretion to Secure the Firearm

If an officer learns during a lawful encounter that you are armed, the officer may, depending on the circumstances and consistent with their agency policy and the Fourth Amendment, temporarily secure the firearm for safety during the encounter or direct you to keep your hands visible and the firearm holstered. Follow lawful instructions at the scene. If you believe the officer overstepped, the place to raise it is a later complaint or civil action, not on-scene argument or resistance.

Non-Licensees Carrying in a Private Vehicle

A person who does not hold a CHL may still lawfully carry a loaded firearm, even concealed, in a private automobile or other private means of conveyance for the lawful protection of themselves, another person, or property. This is the vehicle exception in NMSA 1978 Section 30-7-2(A)(2), and a valid CHL is its own separate exception under Section 30-7-2(A)(5).

A non-licensee relying on the vehicle exception has no Section 29-19-9 possession duty, because that statute applies only to licensees. The same practical advice applies: do not lie if asked about weapons, and disclosure tends to lower the temperature of an encounter.

Out-of-State Permit Holders

New Mexico recognizes some out-of-state concealed handgun licenses through the reciprocity framework. The authority for recognition and reciprocity comes from NMSA 1978 Section 29-19-12(E), which directs the Department of Public Safety to adopt rules for the discretionary recognition or reciprocity of a license issued by another state, subject to listed criteria. The Department maintains the current list of recognized states; confirm your specific permit is honored before you carry.

A non-resident carrying under a recognized out-of-state permit is not subject to Section 29-19-9, which by its terms applies to a New Mexico "licensee," meaning a person holding a license issued by the New Mexico Department of Public Safety (NMSA 1978 Section 29-19-2(G)). The practical guidance is the same: carry your out-of-state permit, do not lie to officers, and consider volunteering the information early in any encounter.

Off-Duty and Retired Law Enforcement (LEOSA)

Qualified active and retired law enforcement officers may carry concealed under federal law, the Law Enforcement Officers Safety Act, codified at 18 U.S.C. 926B (active) and 18 U.S.C. 926C (retired), rather than under a New Mexico exemption. An officer carrying under LEOSA who encounters on-duty law enforcement will generally identify their LEOSA-qualifying status and present the required credentials, but that is professional practice, not a New Mexico statutory duty to inform.

Locations Where Your License Is Not Valid

Knowing where you may not carry matters as much as knowing the disclosure rules, because carrying in a prohibited place can itself trigger a violation and the suspension or revocation consequences above. A New Mexico concealed handgun license is not valid:

• In a courthouse or court facility, unless the presiding judicial officer authorizes it (NMSA 1978 Section 29-19-11).
• On tribal land, unless the governing body of the Indian nation, tribe, or pueblo authorizes it (NMSA 1978 Section 29-19-10).
• On school premises and on the premises of a preschool, and anywhere carrying would violate other state or federal law (NMSA 1978 Section 29-19-8, which cross-references the school-premises offense in NMSA 1978 Section 30-7-2.1).

Compliance Summary

• New Mexico has no duty-to-inform statute and no "display on demand" statute.
• The only carry-time obligation is to have your concealed handgun license in your possession while carrying concealed (NMSA 1978 Section 29-19-9).
• Failing that duty is not a standalone crime, but it can lead to suspension or revocation of the license (NMSA 1978 Section 29-19-6(I)) and to being treated as an unlicensed concealed carrier under NMSA 1978 Section 30-7-2.
• You may not lie to or obstruct an officer (NMSA 1978 Section 30-22-1).
• Volunteering that you are armed is risk management, not a legal requirement. Keep your hands visible and follow lawful instructions.

This page is general legal information, not legal advice. Statutes and Department of Public Safety rules change. Confirm the current text of the cited sections and the current reciprocity list before relying on this summary.

New Mexico Concealed Carry Training Requirements

New Mexico requires a license to carry a handgun concealed. The license is issued under the Concealed Handgun Carry Act, NMSA 1978 Sections 29-19-1 through 29-19-15. New Mexico is not a permitless concealed-carry state for handguns. Open carry of a loaded firearm is generally lawful without a license for a person who is legally allowed to possess a firearm, but carrying a handgun concealed in public requires a concealed handgun license, and a license requires completion of an approved firearms training course.

Statutory Basis

The training requirement is set by NMSA 1978 Section 29-19-7, titled "Demonstration of ability and knowledge; course requirement." That section directs the Department of Public Safety to publish minimum standards for approved firearms training courses and sets the course length, the minimum caliber demonstration, and the required subjects.

Two related sections govern who must take the course and how the completion is documented. Under NMSA 1978 Section 29-19-4(A)(10), an applicant must have "satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry." Under NMSA 1978 Section 29-19-5(B)(4), the application must include a certified copy of a certificate of completion for a department-approved firearms training course.

The Department of Public Safety promulgates the rules that implement these requirements under NMSA 1978 Section 29-19-12.

Who Provides Approved Training

Under Section 29-19-7(A), an approved firearms training course must be a course that is certified or sponsored by one of the following and approved by the Department of Public Safety:

• a federal or state law enforcement agency,
• a college,
• a firearms training school, or
• a nationally recognized organization that customarily offers firearms training.

The statute does not name any particular organization, and it does not require a specific national instructor certification by name. What matters is that the course is approved by the department. Under Section 29-19-7(B), every instructor of an approved course must annually file a copy of the course description and proof of certification with the department. A course taught by someone who has not met these requirements does not satisfy the Concealed Handgun Carry Act, even if the content matches.

There is no separate statutory "approved instructor list" provision in the Concealed Handgun Carry Act. Applicants should confirm that a course and instructor are approved by the Department of Public Safety before enrolling.

Minimum Course Length

Under Section 29-19-7(A), the firearms training course "shall be not less than fifteen hours in length." Fifteen hours is the statutory floor for initial licensure.

Minimum Caliber for the Demonstration

Section 29-19-7(A) requires an actual demonstration by the applicant of the ability to safely use a handgun. The statute states that "an applicant shall not be licensed unless he demonstrates, at a minimum, his ability to use a handgun of .32 caliber." The applicant qualifies on the category and the largest caliber of handgun for which licensure is sought, as required by Section 29-19-4(A)(10).

Required Curriculum Content

Section 29-19-7(A) lists eight subjects the course must cover. The exact statutory topics are:

1. knowledge of and safe handling of single- and double-action revolvers and semiautomatic handguns;
2. safe storage of handguns and child safety;
3. safe handgun shooting fundamentals;
4. live shooting of a handgun on a firing range;
5. identification of ways to develop and maintain handgun shooting skills;
6. federal, state and local criminal and civil laws pertaining to the purchase, ownership, transportation, use and possession of handguns;
7. techniques for avoiding a criminal attack and how to control a violent confrontation; and
8. techniques for nonviolent dispute resolution.

The course must include classroom instruction, range instruction, and an actual demonstration by the applicant of the ability to safely use a handgun. Item (6) covers the legal subjects, including New Mexico's homicide and self-defense law. New Mexico's justifiable-homicide statute is NMSA 1978 Section 30-2-7, but the Concealed Handgun Carry Act itself does not prescribe how a course must teach use-of-force law beyond the general subject in item (6).

Category and Caliber Limits on the License

New Mexico ties the license to the type of handgun the applicant qualified on. Under NMSA 1978 Section 29-19-2, "category" means whether a handgun is semiautomatic or not semiautomatic, and "caliber" means the diameter of the bore of a handgun. A "handgun" is a firearm with a barrel length that does not exceed twelve inches.

The license issued by the department shows "the category and the largest caliber of handgun that the licensee is licensed to carry, with a statement that the licensee is licensed to carry smaller caliber handguns but shall carry only one concealed handgun at any given time." This is set by NMSA 1978 Section 29-19-6(C)(4). In practical terms:

• The license is limited to the category on which the applicant qualified. A qualification on a non-semiautomatic handgun does not by itself authorize semiautomatic carry, and the reverse is also true.
• The license authorizes the qualified caliber and any smaller caliber, up to the largest caliber demonstrated.
• The licensee may carry only one concealed handgun at a time.

An applicant who wants to be licensed for both a semiautomatic and a non-semiautomatic handgun, or for a larger caliber, completes the qualification for the additional category or caliber with an approved course.

License Term and Refresher Training for Renewal

Under NMSA 1978 Section 29-19-3, an original or renewed concealed handgun license is valid for four years from the date of issuance unless suspended or revoked.

New Mexico requires refresher training at two points in the license cycle:

• Mid-cycle refresher. Under NMSA 1978 Section 29-19-6(H), a licensee must complete a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The refresher course must be approved by the department and must be taken twenty-two to twenty-six months after issuance, with a certificate of completion submitted to the department no later than thirty days after the course.
• Renewal refresher. Under NMSA 1978 Section 29-19-6(F), a renewal requires a completed renewal form, a seventy-five-dollar ($75.00) renewal fee, and a certificate of completion of a four-hour refresher firearms training course approved by the department.

Under Section 29-19-6(G), a license may not be renewed more than sixty days after it has expired. A licensee who misses that window must apply for a new license.

Fees Connected to Training and Application

The nonrefundable application fee may not exceed one hundred dollars ($100) under NMSA 1978 Section 29-19-5(B)(2). The renewal fee is seventy-five dollars ($75.00) under Section 29-19-6(F)(2). These are department fees and are separate from any tuition charged by a private training provider.

Exemptions From the Training Course

Several groups are wholly or partly excused from the firearms training course:

• Approved instructors. Under NMSA 1978 Section 29-19-4(C), firearms training course instructors who are approved by the department are not required to complete a firearms training course in order to be licensed.
• Current and retired law enforcement officers and mounted patrol. Under NMSA 1978 Section 29-19-14, a current or retired certified law enforcement officer and a qualifying member of the New Mexico mounted patrol are not required to pay the application or renewal fee or to complete a firearms training course. A retired officer who has been retired ten years or less is not required to complete a course; a retired officer who has been retired for more than ten years must complete a course and may attend a local law enforcement agency's firearms qualification course under the conditions in Section 29-19-14(E).
• Military service persons. Under NMSA 1978 Section 29-19-15, a military service person, as defined in that section, is not required to pay an application or renewal fee. A military service person discharged from military service within twenty years of the application or renewal is not required to complete a firearms training course or a refresher course.

Documentation

The applicant files a certified copy of the certificate of completion for the approved course with the concealed handgun license application, as required by NMSA 1978 Section 29-19-5(B)(4). Keep the certificate, because the application and later renewals depend on documentation of the approved training and the category and caliber on which the applicant qualified.

Practical Notes for Applicants

• Confirm the course and instructor are approved by the Department of Public Safety before paying for a course. A course that is not approved does not satisfy the statute.
• Qualify on the largest practical caliber you intend to carry. Because the license is capped at the demonstrated caliber under Section 29-19-6(C)(4), applicants who want flexibility frequently qualify on a higher-caliber handgun. The statutory minimum demonstration caliber is .32 under Section 29-19-7(A).
• Track the refresher deadlines. The two-hour mid-cycle refresher is due twenty-two to twenty-six months after issuance under Section 29-19-6(H), and the four-hour refresher is required at renewal under Section 29-19-6(F).

New Mexico Concealed Handgun License Application Process

New Mexico is not a permitless concealed carry state. To carry a concealed loaded handgun in public, a person must hold a New Mexico Concealed Handgun License (CHL) issued under the Concealed Handgun Carry Act, NMSA 1978 Sections 29-19-1 through 29-19-15. Open carry of a loaded handgun is generally lawful without a license for a person who may lawfully possess a firearm, but concealed carry requires the license.

Issuing Authority

Applications for a New Mexico CHL are processed by the New Mexico Department of Public Safety (DPS). The Concealed Handgun Carry Act assigns every licensing function to "the department," which the Act defines as the Department of Public Safety (NMSA 1978 Section 29-19-2(E)). DPS receives the application, conducts the records check, forwards fingerprints to the FBI, and issues or denies the license (NMSA 1978 Sections 29-19-5 and 29-19-6).

Period of Licensure

An original or renewed New Mexico CHL is valid for four years from the date of issuance, unless it is suspended or revoked (NMSA 1978 Section 29-19-3).

Eligibility (Section 29-19-4)

Under NMSA 1978 Section 29-19-4(A), DPS must issue a license to an applicant who:

1. is a citizen of the United States;
2. is a resident of New Mexico, or is a member of the armed forces whose permanent duty station is in New Mexico, or is a dependent of such a member;
3. is twenty-one years of age or older;
4. is not a fugitive from justice;
5. has not been convicted of a felony in New Mexico or any other state, or under the laws of the United States or any other jurisdiction;
6. is not currently under indictment for a felony offense in any jurisdiction;
7. is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
8. has not been adjudicated mentally incompetent or committed to a mental institution;
9. is not addicted to alcohol or controlled substances; and
10. has satisfactorily completed a department-approved firearms training course for the category and the largest caliber of handgun the applicant wants to be licensed to carry.

Item 7 incorporates the federal prohibited-person categories. The federal list of persons barred from possessing firearms is found at 18 U.S.C. Section 922(g) (for example, persons convicted of a crime punishable by more than one year, fugitives, unlawful drug users, persons adjudicated as mentally defective, and persons subject to certain domestic-violence orders or convictions). Being "under indictment" is a separate federal receipt bar under 18 U.S.C. Section 922(n); in New Mexico it is also an independent state disqualifier under Section 29-19-4(A)(6) above.

Mandatory Denials (Section 29-19-4(B))

Separately, NMSA 1978 Section 29-19-4(B) requires DPS to deny a license to an applicant who has:

1. received a conditional discharge, diversion, or deferment, or has been convicted of, pled guilty to, or entered a plea of nolo contendere to a misdemeanor crime of violence within the ten years immediately preceding the application;
2. been convicted of a misdemeanor for driving while under the influence of intoxicating liquor or drugs within the five years immediately preceding the application;
3. been convicted of a misdemeanor involving the possession or abuse of a controlled substance within the ten years immediately preceding the application; or
4. been convicted of a misdemeanor involving assault, battery, or battery against a household member.

A deferred sentence does not erase the underlying conviction for purposes of the Concealed Handgun Carry Act. New Mexico courts have held that the adjudication of guilt remains even after a charge is dismissed at the end of a deferment, so a completed deferred sentence can still disqualify an applicant (Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050). A pardoned felony conviction, by contrast, is not by itself a sufficient ground for denial if the applicant is otherwise qualified (2014 Op. Att'y Gen. No. 14-02).

Approved firearms training course instructors are not required to complete a training course themselves (NMSA 1978 Section 29-19-4(C)).

Application Steps

Step 1: Complete the Required Training

Complete a department-approved concealed-handgun training course. Under NMSA 1978 Section 29-19-7(A), the course must be at least fifteen hours in length, must include classroom and range instruction, and must require the applicant to demonstrate the ability to safely use a handgun of at least .32 caliber. The course covers safe handling and storage, shooting fundamentals, live fire on a range, applicable firearms laws, conflict avoidance, and nonviolent dispute resolution. Obtain a certificate of completion that identifies the category (semiautomatic or not semiautomatic) and the largest caliber for which you trained, because the license is issued only for what you demonstrated.

Step 2: Gather Required Documentation

Under NMSA 1978 Section 29-19-5(B), the application packet submitted to DPS must include:

• a completed application form, executed under penalty of perjury on the form DPS provides (Section 29-19-5(A));
• the nonrefundable application fee (see Fees);
• two full sets of fingerprints;
• a certified copy of the certificate of completion for a department-approved firearms training course;
• two color photographs of the applicant;
• a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and
• proof of residency in New Mexico.

The application form asks for identifying information (name, current address, date of birth, place of birth, social security number, physical description, and driver's license or state ID number) and includes a conspicuous warning that a materially false answer or document may result in denial or revocation and may subject the applicant to prosecution for perjury under NMSA 1978 Section 30-25-1 (Section 29-19-5(A)).

Step 3: Submit the Application

Submit the completed packet to DPS as directed on the application form. A law enforcement agency may take an applicant's fingerprints and may charge a reasonable fee for doing so (NMSA 1978 Section 29-19-5(C)).

Step 4: Records Check and Background Check

Upon receiving the items in Section 29-19-5(B), DPS makes a reasonable effort to determine whether the applicant qualifies. DPS conducts an appropriate check of available records and forwards the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal background check (NMSA 1978 Section 29-19-5(D)). A state or local government agency must comply with a DPS records request within thirty days (NMSA 1978 Section 29-19-5(E)).

Step 5: Issuance or Denial

Within thirty days after receiving a completed application and the results of the national criminal background check, DPS must either issue the license or deny the application on the ground that the applicant failed to qualify under the Concealed Handgun Carry Act (NMSA 1978 Section 29-19-6(A)). The license itself must show a color photograph, the licensee's name, address, and date of birth, the expiration date, and the category and largest caliber the licensee may carry, together with a statement that the licensee may carry smaller-caliber handguns but only one concealed handgun at a time (NMSA 1978 Section 29-19-6(C)).

Processing Time

The statutory window is thirty days, but it runs from the point at which DPS has both a completed application and the results of the national criminal background check (NMSA 1978 Section 29-19-6(A)). Actual timing therefore depends on fingerprint and FBI turnaround. If DPS later receives information that would disqualify the applicant after the thirty-day period has run, it must suspend or revoke the license (NMSA 1978 Section 29-19-5(D)).

Denial, Suspension, and Revocation

DPS must suspend or revoke a concealed handgun license if the licensee provided false information on the application or renewal form, did not actually satisfy the issuance criteria when the license was issued, or violated a provision of the Concealed Handgun Carry Act after receiving the license (NMSA 1978 Section 29-19-6(I)). DPS administers the licensing program and adopts the implementing rules, which include the detailed grounds for suspension and revocation and authority for an officer to confiscate a license on violation (NMSA 1978 Section 29-19-12). An applicant or licensee who disagrees with a denial, suspension, or revocation should follow the review procedure described in the DPS notice and rules; relief in district court is generally pursued under New Mexico's general administrative-review procedures rather than a special appeal provision in the Concealed Handgun Carry Act.

Common Reasons for Denial

• failure to meet the New Mexico residency requirement;
• a disqualifying felony conviction or a current felony indictment;
• a disqualifying misdemeanor under Section 29-19-4(B) (crime of violence within ten years, DWI within five years, controlled-substance offense within ten years, or assault, battery, or battery against a household member);
• a federal firearms prohibition under 18 U.S.C. Section 922(g);
• a mental-incompetency adjudication or commitment;
• addiction to alcohol or controlled substances;
• fugitive-from-justice status; or
• an incomplete application or a missing training certificate.

Lost, Stolen, or Destroyed License

If a license is lost, stolen, or destroyed, it is invalid. The licensee must notify DPS within ten days (NMSA 1978 Section 29-19-6(D)). To obtain a duplicate, the licensee furnishes DPS a notarized statement that the original was lost, stolen, or destroyed and pays a reasonable fee; if the license was lost or stolen, the licensee must also file a police report and include the police case number in the notarized statement (NMSA 1978 Section 29-19-6(E)).

Change of Address or Name

A licensee must notify DPS within thirty days of any change in the licensee's name or permanent address (NMSA 1978 Section 29-19-6(D)).

Effect of a CHL on Firearm Purchases

A New Mexico CHL holder is exempt from the seven-calendar-day waiting period that otherwise applies to firearm sales. New Mexico imposes a seven-calendar-day waiting period on firearm sales under NMSA 1978 Section 30-7-7.3(A), but that requirement does not apply to a sale to a buyer who holds a valid New Mexico concealed handgun license (NMSA 1978 Section 30-7-7.3(H)(2)). The buyer still completes the federally required NICS background check at the dealer; only the state seven-day hold is waived.

Possession of the License While Carrying

A licensee must have the concealed handgun license in his or her possession at all times while carrying a concealed handgun (NMSA 1978 Section 29-19-9).

New Mexico Concealed Handgun License Renewal

New Mexico requires a license to carry a concealed loaded handgun. It is not a permitless concealed-carry state. Under NMSA 1978 Section 30-7-2, carrying a concealed loaded firearm is "unlawful carrying of a deadly weapon," a petty misdemeanor, unless the person holds a valid concealed handgun license issued under the Concealed Handgun Carry Act or fits another exception in that statute. Keeping your license current is what keeps your concealed carry lawful, so the renewal rules below matter.

Statutory Basis

Renewal of a New Mexico concealed handgun license is governed by NMSA 1978 Section 29-19-6, which sets the renewal form, fee, refresher-training requirement, background check, and the deadline for renewing a license after it expires. The four-year term of the license itself comes from NMSA 1978 Section 29-19-3. The Department of Public Safety administers the program and adopts implementing rules under NMSA 1978 Section 29-19-12.

License Term and Renewal Cycle

Under NMSA 1978 Section 29-19-3, both original and renewed concealed handgun licenses are valid for four years from the date of issuance, unless the license is suspended or revoked. (A license issued to a qualifying military service person is valid for five years; see "Military Service Persons" below and NMSA 1978 Section 29-19-15.)

The license must be renewed to keep your concealed-carry authority unbroken. The statute does not require the Department to send a renewal reminder, so track your own expiration date and do not rely on receiving a notice.

Mid-Term Two-Hour Refresher (Required at 22 to 26 Months)

New Mexico has a refresher obligation that falls in the middle of the four-year term, separate from the renewal refresher. Under NMSA 1978 Section 29-19-6(H), a licensee must complete a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The course must be approved by the Department and must be taken twenty-two to twenty-six months after the license was issued. A certificate of completion must be submitted to the Department no later than thirty days after completing the course.

This mid-term two-hour refresher is a condition of keeping the license valid during its term. Do not confuse it with the four-hour refresher required to renew the license at the end of the term.

Renewal Refresher Training Requirement

Under NMSA 1978 Section 29-19-6(F)(3), renewing a concealed handgun license requires a certificate of completion of a four-hour refresher firearms training course approved by the Department. This is shorter than the initial fifteen-hour firearms training course required of first-time applicants under NMSA 1978 Section 29-19-7.

The renewal refresher is a four-hour Department-approved course. The statute does not separately spell out the course outline for the refresher, so the specific topics and any live-fire component are set by the Department-approved curriculum rather than fixed in Section 29-19-6.

A note on handgun category and caliber: the license records the category and the largest caliber of handgun you are licensed to carry, and you may carry smaller-caliber handguns but only one concealed handgun at a time (NMSA 1978 Section 29-19-6(C)(4)). To be licensed for a larger caliber or a different category, the applicant must have satisfactorily completed an approved training course for that category and caliber under NMSA 1978 Section 29-19-4(A)(10).

Renewal Application Packet

Under NMSA 1978 Section 29-19-6(F), a licensee renews by submitting to the Department:

• A completed renewal form, executed under penalty of perjury, designed and provided by the Department;
• A seventy-five-dollar ($75.00) renewal fee; and
• A certificate of completion of the four-hour refresher firearms training course approved by the Department.

Keep your contact information current. Section 29-19-6(D) requires a licensee to notify the Department within thirty days of any change of name or permanent address, and within ten days if the license is lost, stolen, or destroyed.

Renewal Background Check

Under NMSA 1978 Section 29-19-6(G), the Department conducts a national criminal records check of a licensee seeking to renew. This re-screens for any new disqualifying records that would have barred issuance in the first place.

Lapsed License and the Sixty-Day Window

New Mexico does not use an open-ended "grace period" set by Department rule. The statute sets a hard deadline. Under NMSA 1978 Section 29-19-6(G):

• A concealed handgun license shall not be renewed more than sixty days after it has expired; and
• A licensee who fails to renew within sixty days after expiration may apply for a new license under the Concealed Handgun Carry Act, which means starting over with the full application under NMSA 1978 Section 29-19-5 and the full fifteen-hour training course under NMSA 1978 Section 29-19-7.

Carrying matters during a lapse. A concealed handgun license must be valid for the carry exception in NMSA 1978 Section 30-7-2(A)(5) to apply. If your license has expired and you have not renewed, carrying a concealed loaded handgun in public is "unlawful carrying of a deadly weapon," a petty misdemeanor under Section 30-7-2, unless another exception applies (for example, carrying in your own residence or in a private vehicle for lawful protection). Note that Section 30-7-2(B) does not prohibit carrying an unloaded firearm, and open carry of a loaded firearm is generally lawful in New Mexico for those who may possess a firearm, so the license requirement is specifically about carrying a concealed loaded handgun.

Renewal Denial, Suspension, and Revocation

The same qualification criteria that govern issuance also govern renewal. Under NMSA 1978 Section 29-19-4, an applicant must, among other things, be a United States citizen, be a New Mexico resident (or a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member), be twenty-one or older, not be a fugitive from justice, have no felony conviction, not be currently under indictment for a felony, not be otherwise prohibited by federal law or the law of any other jurisdiction from possessing a firearm, not have been adjudicated mentally incompetent or committed to a mental institution, and not be addicted to alcohol or controlled substances. Section 29-19-4(B) adds disqualifiers for certain recent misdemeanors, including a crime of violence within the past ten years, a DWI within the past five years, possession or abuse of a controlled substance within the past ten years, and assault, battery, or battery against a household member.

If a disqualifying event has occurred since the prior issuance, the Department will not renew, and it may suspend or revoke the license. Under NMSA 1978 Section 29-19-6(I), the Department shall suspend or revoke a license if the licensee gave false information on the application or renewal form, did not satisfy the criteria for issuance at the time the license was issued, or violated a provision of the Concealed Handgun Carry Act after receiving the license. The Department's implementing rules under NMSA 1978 Section 29-19-12 set out the detailed grounds and process for suspension and revocation.

Out-of-State Move

A New Mexico concealed handgun license requires New Mexico residency (or qualifying armed-forces status) under NMSA 1978 Section 29-19-4(A)(2). A person who moves out of state and is no longer a New Mexico resident, and who does not qualify under the military-service provisions, no longer meets the residency criterion for the license. A licensee should keep the Department informed of any change of permanent address as required by NMSA 1978 Section 29-19-6(D), and should apply for a license or permit in the new state of residence. New Mexico recognizes certain out-of-state licenses through the reciprocity provisions in NMSA 1978 Section 29-19-12.

Military Service Persons

New Mexico gives substantial relief to military service persons at renewal under NMSA 1978 Section 29-19-15:

• No application or renewal fee is required for a person who submits documentation satisfactory to the Department that the applicant is a "military service person" as defined in that section.
• No firearms training course or refresher course is required for a military service person who was discharged from military service within twenty years of the application for a license or renewal.
• A military service person's license is printed "military service person" and is valid for a period of five years, rather than four.

"Military service person" is defined in Section 29-19-15(E) to include a person accepted into the United States armed forces who is on active duty, on reserve or guard duty, or is a veteran or retiree honorably discharged as shown on a Department of Defense Form 214.

Renewal Checklist

• Track your own expiration date; the statute does not require the Department to remind you.
• Complete the mid-term two-hour refresher 22 to 26 months after issuance and submit the certificate within 30 days (NMSA 1978 Section 29-19-6(H)).
• Before the license expires, complete a Department-approved four-hour refresher firearms training course (NMSA 1978 Section 29-19-6(F)(3)).
• Complete the renewal form under penalty of perjury.
• Pay the $75.00 renewal fee (waived for qualifying military service persons).
• Submit the renewal form, fee, and refresher certificate to the Department.
• Renew on time. A license cannot be renewed more than 60 days after it expires; after that you must apply as a new applicant (NMSA 1978 Section 29-19-6(G)).
• Do not carry a concealed loaded handgun in public on an expired license; that exposes you to a petty misdemeanor under NMSA 1978 Section 30-7-2.

New Mexico Concealed Handgun License: Fees and Costs

New Mexico requires a state-issued license to carry a concealed handgun. It is not a permitless concealed-carry state. The Concealed Handgun Carry Act, NMSA 1978 Sections 29-19-1 through 29-19-15, sets the fees, training, and renewal costs described below. Open carry of a loaded firearm by a person who may lawfully possess one is generally legal without a license, so the costs on this page apply to the concealed-carry license, not to open carry.

Statutory Authority for Fees

The application fee is set by NMSA 1978 Section 29-19-5, and the renewal fee is set by NMSA 1978 Section 29-19-6. The license is issued by the New Mexico Department of Public Safety (DPS). All money the department receives under the Concealed Handgun Carry Act is deposited in the "concealed handgun carry fund" created by NMSA 1978 Section 29-19-13, which the legislature appropriates back to the department to administer the Act.

Because the statute states the application fee as a maximum rather than a fixed amount, confirm the current charge on the DPS application form before submitting payment.

State License Fees

The principal state-level costs payable to the Department of Public Safety are:

A few points on the table:

• The application fee is a statutory cap. Section 29-19-5(B)(2) requires "a nonrefundable application fee in an amount not to exceed one hundred dollars ($100)." The department cannot charge more than $100 for the initial application.
• The renewal fee is fixed at $75. Section 29-19-6(F)(2) requires "a payment of a seventy-five-dollar ($75.00) renewal fee." This figure was raised from $50 to $75 by the 2005 amendment.
• The statute does not set a dollar amount for a replacement license. If a license is lost, stolen, or destroyed, Section 29-19-6(E) lets the licensee obtain a duplicate by furnishing a notarized statement and "paying a reasonable fee." Confirm the current replacement charge with DPS.

Federal and Third-Party Costs

Beyond the state fee, a first-time applicant typically pays several third-party costs. These are not set by the Concealed Handgun Carry Act and vary by provider:

• Fingerprinting. Section 29-19-5(B)(3) requires the applicant to submit two full sets of fingerprints, and Section 29-19-5(C) allows a law enforcement agency to fingerprint an applicant and "charge a reasonable fee." Expect roughly $25 to $60 depending on the agency or commercial provider.
• Live-fire training course. The required course must be at least 15 hours long (see the Renewal and Training note below). Course tuition, range time, and ammunition commonly run from $100 to $250.
• Photographs. Section 29-19-5(B)(5) requires two color photographs of the applicant. Passport-style photos generally cost $10 to $20.
• Federal background check. Section 29-19-5(D) directs the department to forward the applicant's fingerprints to the FBI for a national criminal background check. The FBI does not separately bill the applicant for this check.

Training Cost Drivers

Training is usually the largest single cost. Under Section 29-19-7(A), an approved firearms training course "shall be not less than fifteen hours in length," must include classroom and range instruction, and requires the applicant to demonstrate the ability to safely use a handgun of at least .32 caliber. The course covers the largest caliber and the category (semiautomatic or not semiautomatic) the applicant wants licensed, so a broader endorsement can mean a longer or more expensive course.

Approved firearms-training instructors do not have to complete the training course themselves. Section 29-19-4(C) exempts department-approved instructors from the Subsection A(10) training requirement, which removes that cost for them.

Renewal Cost

A New Mexico concealed handgun license is valid for four years from issuance under Section 29-19-3, and a renewed license is also valid for four years. To renew, Section 29-19-6(F) requires the licensee to submit a completed renewal form, the $75 renewal fee, and a certificate of completion of a four-hour refresher firearms training course approved by the department.

There is also a mid-cycle training cost that is easy to miss. Section 29-19-6(H) requires a separate two-hour refresher course two years after the issuance of an original or renewed license, taken 22 to 26 months after issuance, with the certificate filed within 30 days of completion. Budget for that two-hour refresher in addition to the four-hour renewal course.

A four-hour refresher course commonly costs $50 to $125, and the two-hour mid-cycle refresher less. Typical renewal cost is the $75 fee plus refresher tuition.

Total Out-of-Pocket: Typical Range

For a first-time applicant, the total cost to obtain a New Mexico concealed handgun license is generally in the range of $235 to $440. A typical breakdown:

• State application fee: up to $100
• 15-hour training course: $100 to $250
• Fingerprinting: $25 to $60
• Photographs: $10 to $20

For a standard renewal, the typical cost is $125 to $200:

• State renewal fee: $75
• Four-hour refresher course: $50 to $125

Plan separately for the two-hour mid-cycle refresher required at the two-year mark.

Statutory Fee Exemptions

New Mexico law contains two specific, mandatory fee waivers. These are written into the statute, not left to department discretion.

Military Service Persons (Section 29-19-15)

A "military service person" who submits satisfactory documentation pays no application fee and no renewal fee. Section 29-19-15(A) states that for such an applicant or licensee "an application fee or renewal fee is not required." If the person was discharged from military service within 20 years of the application, no firearms training course or refresher course is required either. The statute defines a military service person to include those on active duty, on reserve or guard duty, and veterans or retirees who received an honorable discharge documented on a DD Form 214. A military service person's license is marked "military service person" and is valid for five years under Section 29-19-15(C).

Law Enforcement Officers and Mounted Patrol (Section 29-19-14)

Section 29-19-14(A) waives the application fee, the renewal fee, and the firearms training course for a current or retired certified law enforcement officer, and for a current New Mexico mounted patrol member who has completed the required basic training. A retired officer qualifies for the fee waiver if the officer served as a certified law enforcement officer for at least 15 years before retiring and retired in good standing, shown by a letter from the agency. A retired officer who has been retired 10 years or less does not have to complete a training course; one retired more than 10 years must complete a course but may use a local agency's qualification course if the officer supplies their own handgun, ammunition, targets, and range equipment.

Apart from these two statutory exemptions, there is no broad "free license" provision. Every other applicant pays the statutory fee.

Fingerprint and Records Costs

Fingerprinting is a required out-of-pocket cost for most applicants. Section 29-19-5(B)(3) requires two full sets of fingerprints, and Section 29-19-5(C) permits a law enforcement agency to charge a reasonable fee to take them. The department uses the fingerprints for the FBI national background check under Section 29-19-5(D). Money collected under the Act, including fees, supports the state's criminal history database through the concealed handgun carry fund described in Section 29-19-13.

Fee Payment

The Concealed Handgun Carry Act does not specify accepted payment methods; those are handled administratively by DPS. Confirm accepted payment methods, exact current charges, and any replacement or change-of-address processing fees on the most recent DPS application form or by contacting the department directly. Section 29-19-6(D) separately requires a licensee to notify the department within 30 days of a name or address change and within 10 days if the license is lost, stolen, or destroyed.

Notes on Fee Accuracy

Statutory fees can be amended by the New Mexico Legislature, and the renewal fee history shows this can happen: the renewal fee was $50 before the 2005 amendment raised it to $75. The application-fee statute states a maximum of $100, so the actual charge may be set at or below that cap on the current DPS form. Before submitting an application, confirm current fees by consulting the DPS application form, contacting the Department of Public Safety, or reading the current published text of NMSA 1978 Sections 29-19-5 and 29-19-6.

New Mexico Firearm and Weapon Restrictions

Overview

New Mexico's principal categorical firearm restrictions are codified in NMSA 1978 Chapter 30, Article 7 (Weapons and Explosives). The persons who may not receive, transport, or possess a firearm are listed in NMSA 1978 Section 30-7-16. The qualifications and disqualifiers for a concealed handgun license are in NMSA 1978 Section 29-19-4, part of the Concealed Handgun Carry Act (NMSA 1978 Chapter 29, Article 19). Federal prohibitions under 18 U.S.C. Section 922(g) apply independently of state law. This section summarizes who may not possess firearms, what weapons are restricted, and what firearm-related conduct is prohibited.

New Mexico requires a license to carry a concealed loaded handgun. It is not a permitless concealed-carry state. Open carry of a loaded firearm is generally lawful without a license for a person who may lawfully possess a firearm, because Section 30-7-2 only criminalizes carrying a concealed loaded firearm and expressly does not prevent the carrying of an unloaded firearm.

Prohibited Persons - NMSA 1978 Section 30-7-16

Section 30-7-16(A) makes it unlawful for the following persons to receive, transport, or possess a firearm or destructive device in New Mexico:

• a felon;
• a person subject to an order of protection issued pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or
• a person convicted of any of the following: battery against a household member (Section 30-3-15 NMSA 1978), criminal damage to the property of a household member (Section 30-3-18 NMSA 1978), a first offense of stalking (Section 30-3A-3 NMSA 1978), or a crime listed in 18 U.S.C. Section 921.

Under Section 30-7-16(E)(3), "felon" means a person convicted of a felony in any federal or state court where: less than ten years have passed since the person completed serving the sentence or period of probation, whichever is later; the person has not been pardoned for the conviction; and the person has not received a deferred sentence. A person whose felony is more than ten years past completion, who has been pardoned, or who received a deferred sentence is not a "felon" for purposes of this state statute, although federal law may still prohibit possession.

Penalties

• A felon found in possession of a firearm is guilty of a third degree felony (Section 30-7-16(B)).
• A serious violent felon found in possession of a firearm is guilty of a third degree felony and, notwithstanding the general sentencing provision in Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six years of imprisonment (Section 30-7-16(C)).
• A person subject to a protection order under Section 40-13-5 or 40-13A-5, or convicted of one of the household-member or stalking crimes listed in Subsection A(3), who receives, transports, or possesses a firearm or destructive device is guilty of a misdemeanor (Section 30-7-16(D)).

Note: the felon-in-possession penalty was increased from a fourth degree felony to a third degree felony by the 2020 amendment, effective July 1, 2020.

Concealed Handgun License Qualifications and Disqualifiers - Section 29-19-4

Eligibility for a New Mexico concealed handgun license is governed by Section 29-19-4, not by a separate list of disqualifiers. The statute has two operative parts.

Section 29-19-4(A) requires the department to issue a license to an applicant who:

1. is a citizen of the United States;
2. is a New Mexico resident, or a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member;
3. is twenty-one years of age or older;
4. is not a fugitive from justice;
5. has not been convicted of a felony in New Mexico, any other state, or under the laws of the United States or any other jurisdiction;
6. is not currently under indictment for a felony in New Mexico, any other state, or under the laws of the United States or any other jurisdiction;
7. is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
8. has not been adjudicated mentally incompetent or committed to a mental institution;
9. is not addicted to alcohol or controlled substances; and
10. has satisfactorily completed a department-approved firearms training course for the category and largest caliber of handgun the applicant wants to be licensed to carry.

Section 29-19-4(B) directs the department to deny a license to an applicant who has:

1. received a conditional discharge, diversion, or deferment, or has been convicted of, pled guilty to, or entered a plea of nolo contendere to, a misdemeanor crime of violence within the ten years immediately preceding the application;
2. been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within the five years immediately preceding the application;
3. been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within the ten years immediately preceding the application; or
4. been convicted of a misdemeanor offense involving assault, battery, or battery against a household member.

A deferred sentence does not erase the underlying conviction for purposes of the Concealed Handgun Carry Act, so a person who completed a deferred sentence may still be treated as "convicted" and denied a license (Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050). A pardoned felony conviction is not, by itself, sufficient grounds to deny a license if the applicant is otherwise qualified (2014 Op. Att'y Gen. No. 14-02).

Federal Prohibited-Person Categories - 18 U.S.C. Section 922(g)

Federal law independently prohibits possession of any firearm or ammunition by a person who:

• has been convicted of a crime punishable by imprisonment for a term exceeding one year;
• is a fugitive from justice;
• is an unlawful user of, or addicted to, any controlled substance;
• has been adjudicated as a mental defective or has been committed to a mental institution;
• is an alien illegally or unlawfully in the United States, or (with limited exceptions) an alien admitted under a nonimmigrant visa;
• has been discharged from the armed forces under dishonorable conditions;
• has renounced United States citizenship;
• is subject to a qualifying domestic-violence court order; or
• has been convicted of a misdemeanor crime of domestic violence.

A separate provision, 18 U.S.C. Section 922(n), makes it unlawful for a person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive a firearm in interstate or foreign commerce. The indictment category is part of Section 922(n), not the Section 922(g) possession prohibition. The federal categories overlap substantially with the New Mexico license disqualifiers but include the broader alien-on-nonimmigrant-visa category and other federal-specific elements.

Weapon-Specific Restrictions

Switchblade Knives - NMSA 1978 Section 30-7-8

Section 30-7-8 prohibits manufacturing, possessing, displaying, offering, selling, lending, giving away, or purchasing any knife with a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle, or any knife with a blade that opens, falls, or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement. Courts have construed this to include butterfly knives (State v. Riddall, 1991-NMCA-033). A violation is a petty misdemeanor.

Explosives - NMSA 1978 Section 30-7-7

Section 30-7-7 covers the unlawful sale, possession, or transportation of explosives. Subsection A makes it unlawful to knowingly sell, possess, or cause to be transported any explosive without the package being plainly marked with its name, explosive character, and date of manufacture, subject to stated exemptions (such as small arms ammunition and limited quantities of commercial black powder). A violation of Subsection A is a petty misdemeanor. Subsection B makes it unlawful to knowingly transport or take any explosive into a common-carrier passenger vehicle, and a violation of Subsection B is a fourth degree felony. The statute defines "explosive" by reference to the New Mexico Explosives Act (Section 30-7-18 NMSA 1978).

National Firearms Act Items - Federal Law

National Firearms Act (NFA) items (machine guns, short-barreled rifles and shotguns, suppressors, destructive devices, and "any other weapons") are regulated under 26 U.S.C. Chapter 53 and 27 CFR Part 479. New Mexico does not impose additional state-law restrictions on lawful NFA possession by an individual who has completed the federal registration and tax-stamp process. Federal law separately bans transfer or possession of a machinegun not lawfully possessed before May 19, 1986 (18 U.S.C. Section 922(o)). Under the tax changes in Pub. L. 119-21, the making and transfer tax is $200 for a machinegun or a destructive device and $0 for all other NFA items, applicable to calendar quarters that begin more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026. See the NFA Items section of this guide.

Conduct-Based and Place-Based Restrictions

Carrying a Concealed Loaded Firearm Without a License - NMSA 1978 Section 30-7-2

Section 30-7-2 makes it unlawful to carry a concealed loaded firearm or any other type of deadly weapon anywhere, except: in the person's residence or on real property the person owns, leases, or occupies as a tenant or licensee; in a private automobile or other private conveyance for lawful protection of person or property; by a certified peace officer acting under agency policy; or by a person holding a valid New Mexico concealed handgun license. The statute expressly does not prevent the carrying of any unloaded firearm. A violation is a petty misdemeanor.

Carrying in a Licensed Liquor Establishment - NMSA 1978 Section 30-7-3

Section 30-7-3 prohibits carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages, with exceptions that include on-duty law enforcement officers, the licensee and its agents and security personnel, and, in limited circumstances, a valid concealed handgun license holder (for example, on premises that do not sell alcohol for on-premises consumption, or in certain food-focused beer-and-wine restaurants that have not posted a no-firearms sign). A violation is a fourth degree felony.

Carrying a Deadly Weapon on School Premises - NMSA 1978 Section 30-7-2.1

Section 30-7-2.1 prohibits carrying a deadly weapon on school premises, except by: a peace officer; school security personnel; a student, instructor, or other authorized person engaged in ROTC or state-authorized hunter safety training; a person conducting or participating in a school-approved program involving a deadly weapon; or a person older than nineteen years of age in a private vehicle on school premises for lawful protection of person or property. A violation is a fourth degree felony.

Carrying a Firearm on University Premises - NMSA 1978 Section 30-7-2.4

Section 30-7-2.4 prohibits carrying a firearm on university premises, subject to exceptions parallel to the school-premises statute (peace officers, university security, ROTC or hunter safety training, university-approved firearm activities, and a person older than nineteen in a private vehicle for lawful protection). A university must conspicuously post notices that carrying a firearm on university premises is unlawful. A violation is a petty misdemeanor.

Concealed Handgun License Not Valid in a Courthouse or Court Facility - NMSA 1978 Section 29-19-11

Under Section 29-19-11, a concealed handgun license is not valid in a courthouse or court facility unless authorized by the presiding judicial officer for that courthouse or facility.

Concealed Handgun License Not Valid on Tribal Land - NMSA 1978 Section 29-19-10

Under Section 29-19-10, a concealed handgun license is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo.

Negligent Use of a Deadly Weapon - NMSA 1978 Section 30-7-4

Section 30-7-4 defines negligent use of a deadly weapon to include: discharging a firearm into a building or vehicle or so as to knowingly endanger a person or property; carrying a firearm while under the influence of an intoxicant or narcotic; endangering another's safety by handling or using a firearm or other deadly weapon negligently; or discharging a firearm within one hundred fifty yards of a dwelling or building without the owner's or lessee's permission (with a limited hunting-season exception). A violation is a petty misdemeanor. The carrying-while-intoxicated prohibition for firearms carriers, including license holders, is found here in Section 30-7-4(A)(2), not in the Concealed Handgun Carry Act itself.

Weapons Prohibited on a Bus - NMSA 1978 Sections 30-7-12 and 30-7-13

These two statutes address public buses, not general concealed carry. Section 30-7-12 makes it unlawful to seize or exercise control of a bus by force or violence or threat of force (a third degree felony), and to intimidate, threaten, or assault a bus driver, attendant, guard, or passenger with intent to seize control of a bus (a fourth degree felony). Section 30-7-13 makes it unlawful to board or attempt to board a bus, without prior company approval, while in possession of a readily accessible firearm or other deadly weapon; a violation is a misdemeanor. Section 30-7-13 does not apply to law enforcement officers or commercial security personnel in the lawful discharge of their duties.

Firearm Sentencing Enhancement - NMSA 1978 Section 31-18-16

New Mexico does not have a standalone "carrying a weapon while committing a felony" offense. Instead, Section 31-18-16 increases the basic sentence for a noncapital felony when a separate finding shows that a firearm was used (one year), brandished (three years), or discharged (five years) in the commission of the offense, with larger increases for second or subsequent offenses involving a drug transaction, aggravated burglary, or a serious violent offense.

Universal Background Check - NMSA 1978 Section 30-7-7.1

Section 30-7-7.1 requires a federal instant background check for most firearm sales. A seller who does not hold a current and valid federal firearms license must arrange for a federal firearms licensee to conduct the check, and that licensee may charge a fee not to exceed thirty-five dollars ($35.00). The requirement does not apply to a sale by or to a federal firearms licensee, a sale to a law enforcement agency, a sale between two certified law enforcement officers, or a sale between immediate family members. A "federal instant background check" is one that meets 18 U.S.C. Section 922(t) and does not indicate that the sale would violate 18 U.S.C. Section 922(g), 18 U.S.C. Section 922(n), or state law. A violation is a misdemeanor, and each firearm sold contrary to the section is a separate offense.

Seven-Day Waiting Period - NMSA 1978 Section 30-7-7.3

Effective May 15, 2024, Section 30-7-7.3 requires a seven-calendar-day waiting period for the sale and transfer of a firearm. The waiting period includes the time needed to conduct the federal instant background check. If the check is not completed within the seven days, the seller may not transfer the firearm until the check is completed; if the check is still not completed within twenty days, the seller may transfer the firearm. The firearm must remain in the custody of the seller or the federal firearms licensee performing the check during the entire waiting period. The waiting period does not apply to a sale to a buyer holding a valid federal firearms license, a buyer holding a valid New Mexico concealed handgun license, a law enforcement agency, a transfer between two certified law enforcement officers, or a transfer between immediate family members. A violation is a misdemeanor.

Straw Purchases - NMSA 1978 Section 30-7-7.2

Section 30-7-7.2 makes it unlawful to knowingly purchase, transfer, or conspire to purchase or transfer a firearm for, on behalf of, or at the request of another person, knowing that the other person is a felon, or intends to use, carry, possess, sell, or otherwise transfer the firearm in furtherance of any felony or misdemeanor involving a firearm. A violation is a fourth degree felony, sentenced under the Criminal Sentencing Act (Chapter 31, Article 18 NMSA 1978). The statute uses the same ten-year definition of "felon" found in Section 30-7-16.

Law Enforcement Officers (LEOSA) - 18 U.S.C. Sections 926B and 926C

Qualified active law enforcement officers (18 U.S.C. Section 926B) and qualified retired law enforcement officers (18 U.S.C. Section 926C) may carry a concealed firearm under federal law, notwithstanding most state and local restrictions, when carrying the required identification. This is a federal authority, not a New Mexico exemption, and it does not override state laws permitting private property owners to restrict firearms or laws restricting firearms on certain government property.

Mailing and Aircraft Restrictions - Federal Law

Under 18 U.S.C. Section 1715, pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable through the U.S. mail, with narrow exceptions for specified officials and licensed manufacturers and dealers. This restriction applies to concealable handguns, not to ordinary long guns. A knowing violation is punishable by a fine or imprisonment of not more than two years.

Under 49 U.S.C. Section 46505, it is a federal crime to have a concealed dangerous weapon accessible to the individual in flight when boarding or attempting to board an aircraft, or to place a loaded firearm on an aircraft in baggage accessible to passengers in flight. The general penalty is a fine or imprisonment of not more than ten years, with higher penalties for reckless conduct that endangers human life.

Restoration of Firearm Rights

A person whose firearm rights have been lost under New Mexico law may seek restoration through several pathways:

• A pardon by the Governor for a state conviction. A pardoned felony conviction is not, by itself, grounds to deny a concealed handgun license to an otherwise qualified applicant (2014 Op. Att'y Gen. No. 14-02).
• Successful completion of a deferred sentence. Under Section 30-7-16, a person who received a deferred sentence is not a "felon" for purposes of that statute, and the Attorney General has opined that firearm privileges are automatically restored on successful completion of a deferred sentence (1988 Op. Att'y Gen. No. 88-03). A deferred sentence does not, however, eliminate the underlying conviction for purposes of the Concealed Handgun Carry Act (Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050).
• The passage of time. Section 30-7-16 stops treating a person as a "felon" once more than ten years have passed since completion of the sentence or probation, but federal law may continue to prohibit possession.
• Federal relief under 18 U.S.C. Section 925(c), which allows application to the Attorney General for relief from federal firearm disabilities. This relief process has been unfunded for decades and is, as a practical matter, unavailable.

Restoration of state rights does not automatically restore federal rights. The federal felon-in-possession prohibition under 18 U.S.C. Section 922(g) continues to apply unless the disability is removed under federal standards, so a person whose state rights are restored should verify federal status before possessing a firearm.

Penalty Summary

• Felon or prohibited person in possession (Section 30-7-16(B)): third degree felony; serious violent felon (Section 30-7-16(C)): third degree felony with a six-year basic sentence; protection-order or household-member-crime category (Section 30-7-16(D)): misdemeanor.
• Carrying a concealed loaded firearm or deadly weapon without a license (Section 30-7-2): petty misdemeanor.
• Carrying a firearm in a licensed liquor establishment (Section 30-7-3): fourth degree felony.
• Carrying a deadly weapon on school premises (Section 30-7-2.1): fourth degree felony.
• Carrying a firearm on university premises (Section 30-7-2.4): petty misdemeanor.
• Negligent use of a deadly weapon, including carrying while intoxicated (Section 30-7-4): petty misdemeanor.
• Unlawful possession of a switchblade (Section 30-7-8): petty misdemeanor.
• Unlawful sale, possession, or transportation of explosives (Section 30-7-7): petty misdemeanor (Subsection A) or fourth degree felony for transport on a common carrier (Subsection B).
• Seizing control of a bus by force (Section 30-7-12(A)): third degree felony; threatening a bus operator to seize control (Section 30-7-12(B)): fourth degree felony.
• Boarding a bus with a readily accessible weapon without approval (Section 30-7-13): misdemeanor.
• Sale without a background check (Section 30-7-7.1): misdemeanor.
• Sale before the waiting period ends (Section 30-7-7.3): misdemeanor.
• Straw purchase (Section 30-7-7.2): fourth degree felony.

New Mexico Carrying Under the Influence

Statutory Basis

New Mexico does not have a separate "carrying under the influence" statute inside the Concealed Handgun Carry Act. The controlling criminal prohibition is the general negligent-use statute. NMSA 1978 Section 30-7-4 ("Negligent use of a deadly weapon") makes it a crime to carry "a firearm while under the influence of an intoxicant or narcotic." This applies to any person, whether they carry openly or concealed and whether or not they hold a concealed handgun license (CHL).

For CHL holders, a second statute connects this prohibition to the license. NMSA 1978 Section 29-19-8 provides that nothing in the Concealed Handgun Carry Act allows a licensee to carry a concealed handgun where doing so "would be in violation of state or federal law." Carrying while under the influence violates Section 30-7-4, so a CHL holder who carries while under the influence is both committing the Section 30-7-4 offense and acting outside the protection of the license.

There is no New Mexico statute that bars a CHL holder from merely consuming a single drink while carrying. The offense under Section 30-7-4 turns on being "under the influence," not on the act of consumption by itself. Any claim that one sip while carrying is automatically a crime overstates the statute.

The Negligent Use Statute: Section 30-7-4

Section 30-7-4(A) defines "negligent use of a deadly weapon" to include four separate acts. The one that matters here is subsection A(2): "carrying a firearm while under the influence of an intoxicant or narcotic."

Key points confirmed in the statute and the case law annotations:

• The prohibition does not require that the intoxicated person actually use, point, or intend to use the firearm. In State v. Rivera, 1993-NMCA-011, the New Mexico Court of Appeals held that A(2) is not unconstitutionally vague and that it reaches a person who has a firearm "nearby, readily capable of being put into action or service, while under the influence of alcohol."
• The peace-officer exemption in Section 30-7-4(B) applies only to paragraphs A(1), A(3), and A(4). It does not extend to the carrying-under-the-influence offense in A(2). Even on-duty officers are not statutorily exempted from A(2).
• Section 30-7-4(A)(2) contains no exception for a person's own home or private vehicle. The carrying-in-residence and private-automobile carve-outs that appear in Section 30-7-2 are exceptions to the unlawful-concealed-carry offense, not to the under-the-influence offense. A person who is under the influence and has a firearm readily available, even at home, is within the literal scope of A(2).

Who Section 30-7-4 Reaches

Because Section 30-7-4 applies to "carrying a firearm" by any person, it covers:

• An open carrier on public property who is under the influence;
• A CHL holder carrying concealed in public who is under the influence;
• A person carrying in a private vehicle who is under the influence;
• A person who has a firearm readily available in the home while under the influence.

This is broader than the CHL rules, which only govern licensed concealed carry. Open carry of a loaded firearm is generally legal in New Mexico for a person who may lawfully possess a firearm, but that does not authorize carrying while under the influence. Section 30-7-4 still applies.

"Under the Influence" Standard

New Mexico has not codified a specific blood-alcohol concentration (BAC) threshold for the purpose of carrying a firearm under the influence. Section 30-7-4 uses the phrase "under the influence of an intoxicant or narcotic" without a numeric cutoff. In practice, this is the general impairment standard: the alcohol, intoxicant, or narcotic has affected the person to the point that they are under its influence. Whether a person is "under the influence" is a fact question for the jury.

Carrying in Licensed Liquor Establishments: Section 30-7-3

A separate statute, NMSA 1978 Section 30-7-3 ("Unlawful carrying of a firearm in licensed liquor establishments"), prohibits carrying a loaded or unloaded firearm on any premises licensed by the state regulation and licensing department for the dispensing of alcoholic beverages. This is a fourth degree felony under Section 30-7-3(B). It is a serious felony charge, not a misdemeanor.

Section 30-7-3 is a strict-liability offense as to whether the location is a licensed liquor establishment. State v. Torres, 2003-NMCA-101, held that a defendant could not raise a mistake-of-fact defense about the nature of the establishment.

The statute lists several exceptions in Section 30-7-3(A). The exception that matters most for CHL holders is paragraph A(4), which allows a person carrying a concealed handgun who holds a valid CHL for that gun to carry on the premises of:

• (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
• (b) a restaurant licensed to sell only beer and wine that derives at least sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted in a conspicuous location at each public entrance prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that carrying a firearm is not permitted.

So a CHL holder may carry concealed into a qualifying beer-and-wine restaurant that meets the 60 percent food-receipts test, unless it is posted or the person is told otherwise. A CHL holder may not rely on the license to carry into a bar or other establishment that sells liquor for on-premises consumption. The exception in A(4) is limited to the two categories above.

Note that Section 30-7-3 turns on the type of premises, not on whether the carrier has consumed any alcohol. Carrying a firearm into a covered liquor establishment is the felony, even if the person is completely sober. If the person also carries while under the influence, Section 30-7-4 may apply on top of Section 30-7-3.

Off-Premises Liquor Sales

Stores that sell alcohol only for off-premises consumption (for example, a grocery store or convenience store that sells beer and wine to take home) fall within the Section 30-7-3(A)(4)(a) exception for a CHL holder: a "licensed establishment that does not sell alcoholic beverages for consumption on the premises." A CHL holder may carry concealed in such a store. The under-the-influence prohibition in Section 30-7-4 still applies separately.

Marijuana

New Mexico has legalized cannabis for adult recreational use under state law (the Cannabis Regulation Act, effective in 2021). However, marijuana remains a Schedule I controlled substance under federal law (the federal Controlled Substances Act). Two consequences follow for firearms:

• Federal prohibition. A person who is "an unlawful user of or addicted to any controlled substance" is a federally prohibited person under 18 U.S.C. Section 922(g)(3), regardless of whether marijuana is legal under state law. Marijuana is a controlled substance for purposes of that federal statute. This prohibition reaches possession of firearms.
• State negligent-use prohibition. Section 30-7-4(A)(2) prohibits carrying a firearm "while under the influence of an intoxicant or narcotic." A person who is under the influence of marijuana while carrying a firearm is within the scope of that prohibition.

Separately, the Concealed Handgun Carry Act ties eligibility to substance use. NMSA 1978 Section 29-19-4(A)(9) requires that a CHL applicant not be "addicted to alcohol or controlled substances," and Section 29-19-4(A)(7) requires that the applicant not be otherwise prohibited by federal law from possessing a firearm. A person who is an unlawful user of marijuana under federal law can be disqualified on that basis.

CHL applicants and holders who use marijuana, whether recreationally or for a state-authorized medical purpose, face real legal exposure under federal law and under the state under-the-influence rule.

Prescription Medications

A person who is lawfully prescribed a controlled substance is not, by virtue of the prescription alone, a federally prohibited person under 18 U.S.C. Section 922(g)(3). The federal bar applies to an "unlawful user," not to a person taking medication as lawfully prescribed.

The state under-the-influence rule is different. If a lawfully prescribed medication is an intoxicant or narcotic and the person is actually under its influence while carrying a firearm, Section 30-7-4(A)(2) can still apply. The trigger is being under the influence, not the existence or absence of a prescription. A person who is impaired by a sedating prescription should not carry a firearm while it is taking effect.

Eligibility Consequences for CHL Holders

The Concealed Handgun Carry Act sets eligibility and disqualification standards tied to alcohol and drugs:

• Section 29-19-4(A)(9): an applicant must not be addicted to alcohol or controlled substances.
• Section 29-19-4(B)(2): the department must deny a license to an applicant convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application.
• Section 29-19-4(B)(3): the department must deny a license to an applicant convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application.

Grounds for suspension and revocation of a CHL are set by department rule. NMSA 1978 Section 29-19-12(A) directs the department to adopt rules establishing "grounds for the suspension and revocation of concealed handgun licenses." A license is valid for four years "unless the license is suspended or revoked" (Section 29-19-3). A conviction for carrying under the influence, or conduct showing addiction to alcohol or a controlled substance, can support administrative action against the license under those rules.

Penalties

• Section 30-7-4 (carrying a firearm while under the influence, A(2)): a petty misdemeanor. This is the lowest grade of criminal offense in New Mexico, carrying the standard petty-misdemeanor exposure to a short jail term and a fine.
• Section 30-7-3 (unlawful carrying of a firearm in a licensed liquor establishment): a fourth degree felony. A felony conviction carries the felony-level basic sentence and fine under New Mexico's criminal sentencing law, and the collateral consequence of becoming a prohibited person for future firearm possession.

A felony conviction under Section 30-7-3 makes a person a prohibited person under both federal law (18 U.S.C. Section 922(g)(1)) and state law for future firearm possession, and ends CHL eligibility.

Practical Compliance Rules

• Do not carry a firearm while under the influence of alcohol, an intoxicant, or a narcotic. Section 30-7-4(A)(2) does not require that you use or point the firearm, and it does not exempt your own home or private vehicle.
• Disarm before drinking to the point of impairment. Secure the firearm in a locked container in your vehicle, or leave it at home, before you drink enough to be under the influence.
• Do not carry into a bar or other establishment that serves alcohol for on-premises consumption. Under Section 30-7-3 this is a fourth degree felony, even if you are sober. The CHL exception covers only off-premises licensees and qualifying beer-and-wine restaurants that meet the 60 percent food test and are not posted.
• Watch for posted no-firearm signs at beer-and-wine restaurants. Even where the exception would otherwise apply, a posted sign or a verbal instruction from the owner or manager removes the permission.
• Do not carry while under the influence of a controlled substance, including marijuana. Marijuana use also creates federal prohibited-person exposure under 18 U.S.C. Section 922(g)(3).
• Be cautious with impairing prescription medications. If a medication is sedating or intoxicating, do not carry while you are under its influence.

New Mexico Firearm Storage Laws

Overview

New Mexico does not have a single comprehensive statute that mandates how firearms must be stored in the home. There is no parental safe-storage or "child access prevention" law that imposes criminal liability on an adult merely for leaving a firearm where a minor could reach it. Instead, storage-related duties in New Mexico come from a few separate sources:

1. The criminal statute on negligent use of a deadly weapon, NMSA 1978 Section 30-7-4, which can reach grossly careless handling or storage that endangers another person.
2. A state statute that criminalizes a minor's possession of a handgun, NMSA 1978 Section 30-7-2.2, which is how New Mexico addresses youth access to handguns.
3. A federal requirement that a secure gun storage or safety device be provided with every handgun sold at retail, 18 U.S.C. Section 922(z).
4. Ordinary civil negligence law, under which a person who fails to secure a firearm may be liable if that failure causes foreseeable harm.

New Mexico imposes more limited statutory storage duties than some other states. The most important point for a license holder is that the legal standard for most storage situations is reasonable care, not a specific locked-container mandate.

Negligent Use of a Deadly Weapon - NMSA 1978 Section 30-7-4

Section 30-7-4 makes negligent use of a deadly weapon a petty misdemeanor. The statute defines the offense as:

1. Discharging a firearm into any building or vehicle, or so as to knowingly endanger a person or that person's property;
2. Carrying a firearm while under the influence of an intoxicant or narcotic;
3. Endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
4. Discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees.

The third clause is the one most relevant to storage. Leaving a loaded firearm where it is reasonably likely to be picked up by a child or another person who should not have it can amount to negligent handling. The statute does not prescribe any minimum storage method (no locked container, gun safe, or trigger lock is required by this section), so the duty is one of reasonable care under the circumstances. New Mexico courts apply ordinary negligence principles to the term "negligent" in this section.

By its own terms, paragraphs (1), (3), and (4) do not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of employment and who acts while lawfully carrying out official duties. That criminal exemption does not affect civil liability for the same conduct.

Minor Access to Handguns - NMSA 1978 Section 30-7-2.2

New Mexico does not punish an adult for negligent storage as such, but it does criminalize the minor's own possession. Under NMSA 1978 Section 30-7-2.2, it is a misdemeanor for a "person," defined as an individual who is less than nineteen years old, to knowingly possess or transport a handgun. The statute lists exceptions, including a hunter or handgun safety course, target shooting at an authorized range, organized competition, lawful hunting or trapping, traveling unloaded to or from those activities, and being on real property under the control of and supervised by a parent, grandparent, or legal guardian.

"Handgun" for this section means a pistol, revolver, or similar firearm with a barrel length not exceeding twelve inches. The practical effect is that careless storage that lets a minor obtain a handgun can expose the minor to criminal liability and can support a civil claim against the adult who failed to secure it, even though Section 30-7-2.2 itself does not charge the adult.

Federal Secure Gun Storage or Safety Device - 18 U.S.C. Section 922(z)

Federal law requires that a secure gun storage or safety device accompany the retail sale of a handgun. Under 18 U.S.C. Section 922(z), a licensed importer, manufacturer, or dealer may not sell, deliver, or transfer a handgun to a non-licensee unless the buyer is provided with a secure gun storage or safety device, as that term is defined in 18 U.S.C. Section 921(a)(34). This is an obligation on the seller, not a continuing storage mandate on the owner.

Section 922(z) also provides a related civil-liability protection: a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device with it is entitled to immunity from a qualified civil liability action arising from certain unauthorized uses by a third party. This is one reason a locking device or safe is worth using even though New Mexico does not require it.

Concealed Handgun License Holders

A concealed handgun license holder is not subject to a special storage rule simply because of the license. The licensee is held to the same standard of reasonable care under Section 30-7-4 as anyone else. The eligibility standards for the license, found in NMSA 1978 Section 29-19-4, require among other things that the applicant not be otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm, which indirectly ties license eligibility to the federal prohibited-person rules discussed below. Practical compliance for a license holder includes:

• Holstered carry while on the person, using a retention holster appropriate to the carry method;
• Secured storage in a vehicle when the licensee enters a place where carry is not allowed, using a locked container or other inaccessible location;
• Home storage in a locked safe or container when the firearm is not in immediate use, particularly if children, prohibited persons, or unscreened guests are present in the home.

Federal Firearms Licensees

Federally licensed dealers, manufacturers, and importers are subject to recordkeeping and business-conduct requirements administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives under regulations in 27 C.F.R. Part 478. Those rules govern licensed businesses, not the everyday storage choices of an individual gun owner. There is no broad federal statute requiring a private citizen to lock up firearms at home. The federal storage-related mandate that does apply to ordinary buyers is the point-of-sale device requirement in 18 U.S.C. Section 922(z) described above.

Storage in a Vehicle - Theft Concerns

Firearms left in a vehicle are at heightened risk of theft, and a stolen firearm can later be used in a crime. New Mexico law does not impose a specific criminal penalty on a theft victim for leaving a firearm in a vehicle, but a person who leaves a firearm in plain view or unsecured may face civil exposure if it is stolen and misused. Reasonable care includes:

• Concealing the firearm from outside view;
• Using a locked compartment, such as a console with a key, or a dedicated lock box secured to the vehicle frame;
• Removing the firearm when the vehicle will be left unattended for an extended period.

A concealed firearm carried lawfully in a private vehicle is itself permitted in New Mexico without a license, because NMSA 1978 Section 30-7-2(A)(2) allows carrying a concealed loaded firearm in a private automobile or other private conveyance for the lawful protection of the person or another's person or property.

Storage and the 2024 Waiting Period

The seven-calendar-day waiting period statute, NMSA 1978 Section 30-7-7.3, took effect on May 15, 2024. Although its title is "Unlawful sale of a firearm before required waiting period ends," it contains a short-term custody rule. Under subsection B, the firearm must remain in the custody of the seller or of the federal firearms licensee performing the federal instant background check during the entirety of the waiting period. This is a transitional rule that applies to a pending sale, not an ongoing storage duty. The statute lists exceptions, including sales to a buyer who holds a valid federal firearms license, sales to a buyer who holds a valid New Mexico concealed handgun license, sales to a law enforcement agency, certain sales between law enforcement officers, and sales between immediate family members. A violation is a misdemeanor.

Storage in a Residence

A homeowner is not required by statute to store a firearm in any particular way while it is in the home and not accessible to people who should not have it. New Mexico law reflects that home possession is presumptively lawful: NMSA 1978 Section 30-7-2(A)(1) excepts from the concealed-carry prohibition carrying a concealed loaded firearm in the person's residence or on real property the person owns, leases, or otherwise lawfully occupies. The residence exception is paragraph (A)(1); paragraph (A)(2) is the separate private-vehicle exception.

Storage and Domestic Violence Restrictions

A person who is subject to a qualifying domestic-violence protective order, or who has been convicted of a misdemeanor crime of domestic violence, is prohibited from possessing any firearm under 18 U.S.C. Section 922(g)(8) and (g)(9). New Mexico has a parallel state prohibition. Under NMSA 1978 Section 30-7-16, it is unlawful for a felon, a person subject to an order of protection issued pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978, or a person convicted of battery against a household member, criminal damage to the property of a household member, a first offense of stalking, or a crime listed in 18 U.S.C. Section 921 to receive, transport, or possess a firearm in New Mexico. A felon found in possession is guilty of a third degree felony.

A person who falls into any of these categories cannot lawfully store firearms in the household. The lawful course is to arrange a transfer of any firearms in the person's custody, typically to a federally licensed dealer or to a non-prohibited third party, for the duration of the prohibition.

Storage and Extreme Risk Firearm Protection Orders

Under the Extreme Risk Firearm Protection Order Act, NMSA 1978 Sections 40-17-1 to 40-17-13, a person who is the subject of an order must surrender firearms in his or her custody for the duration of the order, generally to a law enforcement agency, a federally licensed dealer, or another lawful recipient. The Act was enacted in 2020. See the Red Flag section of this guide for the procedure, the relinquishment requirements, and how firearms are returned when an order expires.

Practical Storage Recommendations

• Home: Store firearms in a locked safe or container, and store ammunition separately where practical. A quick-access safe is a reasonable option for a designated home-defense firearm. Using a secure storage or safety device can also support the federal civil-immunity protection in 18 U.S.C. Section 922(z).
• Vehicle: Use a locked container, do not leave firearms in plain view, and consider a vehicle-mounted safe.
• Interstate travel: The federal transport protection in 18 U.S.C. Section 926A covers a person not otherwise prohibited who is traveling between two places where the firearm may lawfully be possessed, if the firearm is unloaded and neither it nor the ammunition is readily accessible from the passenger compartment. In a vehicle without a separate trunk, the firearm or ammunition must be in a locked container other than the glove compartment or console.
• Air travel: Follow TSA rules. The firearm must be unloaded, in a hard-sided locked case, declared at check-in, with ammunition packed as TSA requires.
• Workplace: Follow employer policy. New Mexico does not have a statutory "parking lot" law guaranteeing the right to leave a firearm in an employee's locked vehicle on an employer's property.

This section is general information, not legal advice. Storage questions that involve a protective order, a prohibited person in the household, or a possible criminal charge should be reviewed with a New Mexico attorney.

New Mexico Firearm Transportation Laws

Overview

Transportation of firearms in New Mexico is governed by a combination of state and federal law. New Mexico has no single dedicated "transportation" statute. The rules are drawn mainly from the state's deadly-weapon carry law, NMSA 1978 Section 30-7-2 (unlawful carrying of a deadly weapon), the prohibited-persons statute, NMSA 1978 Section 30-7-16, a handful of place-specific restrictions, and federal law, including the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Section 926A.

A key starting point is that New Mexico requires a license only to carry a handgun concealed. Open carry of a loaded firearm is generally lawful without a license for anyone who may legally possess a firearm, and unloaded firearms are not restricted by the carry statute. Under Section 30-7-2(B), nothing in the deadly-weapon statute prevents the carrying of any unloaded firearm.

Transportation in a Private Vehicle

A person who may lawfully possess a firearm may transport a handgun or long gun in a private vehicle in New Mexico without a permit. Section 30-7-2(A)(2) expressly exempts carrying in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. New Mexico courts have read this to allow a loaded firearm to be carried in a private vehicle. See the Vehicle Carry section for the detailed analysis.

The general offense in Section 30-7-2 is unlawful carrying of a concealed loaded firearm or other deadly weapon, which is a petty misdemeanor. The private-vehicle exception, the residence exception, the peace-officer exceptions, and possession of a valid New Mexico concealed handgun license issued under the Concealed Handgun Carry Act (Chapter 29, Article 19 NMSA 1978) are the listed exceptions to that offense.

Long Gun Transport

Long guns (rifles and shotguns) may be transported in a private vehicle, in a residence, or between locations, loaded or unloaded, by any person who may lawfully possess them. New Mexico has no statute requiring that long guns be unloaded or cased while transported within the state. The concealed-carry restriction in Section 30-7-2 applies to a concealed loaded firearm; ordinary transport of a rifle or shotgun is not the kind of concealed personal carry the statute targets.

Transporting a Firearm Between States: FOPA

A traveler passing through New Mexico from a place where the traveler may lawfully possess and carry a firearm to another place where the traveler may lawfully possess and carry is protected by 18 U.S.C. Section 926A. Under that statute, a person who is not otherwise prohibited from transporting, shipping, or receiving a firearm is entitled to transport it for any lawful purpose, provided that during the transport:

1. The firearm is unloaded; and
2. Neither the firearm nor any ammunition being transported is readily accessible or directly accessible from the passenger compartment of the vehicle.

The statute adds that in a vehicle without a separate compartment from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console. Section 926A applies "notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof," so it overrides conflicting state and local transport restrictions for a qualifying through-traveler. New Mexico's own transport rules are generally more permissive than the Section 926A minimum, so most through-travelers are fully covered by New Mexico law as well.

Section 926A protects transport between two places where the person may lawfully possess and carry. It is a defense to a charge that arises during the trip, not a blanket exemption from the laws of the origin or destination state.

Air Travel

Carrying a concealed, accessible dangerous weapon onto an aircraft is a federal crime under 49 U.S.C. Section 46505. Under that statute, an individual is subject to a fine and imprisonment for not more than 10 years if, when on or attempting to board an aircraft, the individual has a concealed dangerous weapon that is or would be accessible in flight, or has placed or attempted to place a loaded firearm on the aircraft in property not accessible to passengers in flight. Reckless or willful violations carry penalties up to 20 years, and longer if death results.

Section 46505(d) does not apply its accessible-weapon prohibition to an individual transporting a weapon (other than a loaded firearm) in baggage not accessible to passengers in flight if the air carrier was informed of the presence of the weapon. That carve-out is the legal basis for the standard checked-firearm process, which is administered through Transportation Security Administration (TSA) and air-carrier rules. The practical requirements are:

• The firearm must be unloaded;
• It must be carried in checked baggage, not carry-on;
• It must be in a locked, hard-sided container;
• The traveler must declare the firearm to the airline at check-in; and
• Ammunition must be packed separately according to TSA and airline rules, typically in original packaging or a sturdy box, and may often be placed in the same locked case as the firearm.

Bringing a firearm to a TSA checkpoint or into the secured area of a New Mexico airport, even unintentionally, can result in federal charges under Section 46505 and substantial TSA civil penalties. Always confirm the current TSA and airline policies before traveling.

Transportation by Common Carrier and Mail

Shipping firearms by common carrier is governed by federal law and each carrier's own policies. Under 18 U.S.C. Section 1715, pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable through the U.S. Postal Service for ordinary individuals; that statute applies to concealable handguns, not to ordinary long guns. Knowingly mailing a nonmailable concealable firearm is punishable by a fine or imprisonment for not more than two years. The statute contains narrow exceptions, including shipments to or between licensed manufacturers and bona fide dealers and certain official-duty shipments.

As a practical matter, individuals may ship long guns through private carriers such as UPS and FedEx subject to those carriers' policies, while handguns generally must move between federally licensed firearms dealers (FFLs). Always consult the current carrier policies before shipping any firearm.

Transporting Firearms onto Tribal Lands

Many New Mexico pueblos and tribal nations have their own firearms laws and exercise jurisdiction over their lands. Transport that is lawful under New Mexico law may be restricted or prohibited under tribal law. A New Mexico concealed handgun license has no effect on tribal land. Travelers should consult the specific tribal code before entering pueblo or tribal jurisdiction.

Buses and Mass Transit

New Mexico has a specific transit restriction. Under NMSA 1978 Section 30-7-13, it is unlawful for any person, without prior approval from the company, to board or attempt to board a bus while in possession of a firearm or other deadly weapon that is readily accessible to the person while on the bus. A violation is a misdemeanor. The restriction does not apply to duly elected or appointed law enforcement officers or to commercial security personnel in the lawful discharge of their duties. A separate statute, NMSA 1978 Section 30-7-12, makes seizing control of a bus by force or threat a felony, but that is a hijacking offense, not a transport rule for ordinary passengers.

Prohibited Persons

NMSA 1978 Section 30-7-16 makes it unlawful for certain persons to receive, transport, or possess a firearm or destructive device in New Mexico. The covered persons include a felon (as defined in the statute), a person subject to an order of protection under Section 40-13-5 or 40-13A-5 NMSA 1978, and a person convicted of battery against a household member, criminal damage to property of a household member, a first offense of stalking, or a crime listed in 18 U.S.C. Section 921.

The penalties differ by category. Under Section 30-7-16(B), a felon found in possession of a firearm is guilty of a third degree felony. Under Section 30-7-16(C), a serious violent felon found in possession of a firearm is guilty of a third degree felony and must be sentenced to a basic term of six years imprisonment. Under Section 30-7-16(D), a person subject to a qualifying order of protection, or convicted of one of the listed misdemeanor crimes, who receives, transports, or possesses a firearm or destructive device is guilty of a misdemeanor. New Mexico courts have held that the statute can be violated by transporting alone, even without proof of ownership or other possession.

Separately, federal law in 18 U.S.C. Section 922(g) prohibits possession or transport of firearms and ammunition by an independent list of categories, including persons convicted of a crime punishable by more than one year of imprisonment, fugitives from justice, unlawful users of controlled substances, persons adjudicated mentally defective or committed to a mental institution, certain aliens, persons dishonorably discharged from the armed forces, persons who have renounced U.S. citizenship, persons subject to certain domestic-violence protective orders, and persons convicted of a misdemeanor crime of domestic violence. The federal list in Section 922(g) does not include persons merely under indictment; that separate restriction on receipt by a person under indictment appears in Section 922(n). Transport by a prohibited person is a distinct offense even when the transport otherwise complies with vehicle-carry rules.

Transport Within and Around Schools

NMSA 1978 Section 30-7-2.1 makes it a fourth degree felony to carry a deadly weapon on school premises, subject to listed exceptions. "School premises" is defined broadly to include buildings, grounds, playing fields, parking areas, and any school bus of a public elementary, secondary, junior high, or high school, as well as certain other public buildings and grounds used for sanctioned school activities.

One of the listed exceptions, Section 30-7-2.1(A)(5), applies to a person older than nineteen years of age who is on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. A driver who is over nineteen and keeps a firearm in a private vehicle while passing through or parked in a school parking area generally falls within this exception. The exception is age-limited and tied to the private vehicle, so it does not authorize carrying a deadly weapon out of the vehicle and onto school grounds. Higher-education campuses may set their own additional policies.

Transport During a Move

People moving residences within New Mexico may transport personal firearms in their own vehicles or rented moving trucks without any special procedure, subject to the general carry and prohibited-person rules above. Moving across state lines is governed by FOPA (18 U.S.C. Section 926A) and the laws of the destination state. Some destination states have restrictive registration, permit, or reporting requirements. A New Mexico concealed handgun license has no effect on those out-of-state requirements, so confirm the destination state's law before moving.

Practical Transport Checklist

• For in-state transport in a private vehicle: confirm you may lawfully possess the firearm, then carry it loaded or unloaded as you choose under the Section 30-7-2(A)(2) vehicle exception.
• For interstate through-travel: comply with 18 U.S.C. Section 926A (unloaded, not readily accessible from the passenger compartment, locked container if there is no separate trunk).
• For air travel: comply with 49 U.S.C. Section 46505 and TSA and airline rules (unloaded, hard-sided locked case, checked, declared at the counter).
• For buses and mass transit: do not board with a readily accessible firearm without prior company approval (Section 30-7-13).
• For schools: keep any firearm in the private vehicle if relying on the Section 30-7-2.1(A)(5) exception, and only if you are over nineteen.
• For tribal lands: consult the specific tribal code before entering.
• If you are a felon, subject to a qualifying protective order, or otherwise a prohibited person under Section 30-7-16 or 18 U.S.C. Section 922(g), do not transport or possess a firearm at all.

New Mexico Firearm Preemption

New Mexico is one of the strongest preemption states in the country, and the preemption rule sits in the state constitution itself rather than in an ordinary statute. The practical effect is that cities and counties have almost no authority to write their own gun laws. The state legislature sets firearm policy for the whole state.

Constitutional Preemption: N.M. Const. art. II, Section 6

The controlling text is N.M. Const. art. II, Section 6 (Right to bear arms):

"No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

Two parts of this provision matter for preemption:

• The first sentence protects the right to keep and bear arms but expressly does not protect the carrying of concealed weapons. That is why New Mexico requires a license to carry concealed, while open carry of a loaded firearm by a person who may lawfully possess one is generally allowed without a license.
• The second sentence is the preemption clause. It bars any municipality or county from regulating "in any way" an incident of the right to keep and bear arms.

The right-to-bear-arms language was added by amendment effective November 2, 1971, and the preemption sentence was added by amendment effective November 2, 1986. (Source: N.M. Const. art. II, Section 6, "As amended November 2, 1971 and November 2, 1986.")

Scope of the Preemption Clause

The phrase "regulate, in any way, an incident of the right to keep and bear arms" is broad. By its plain terms it stops municipalities and counties from enacting local gun ordinances. In practice that means a city or county generally may not:

• Require local registration or licensing of firearms;
• Create its own permit to carry, open or concealed, on top of state law;
• Impose local waiting periods or background-check rules beyond state law;
• Ban specific firearms, magazines, or ammunition by ordinance;
• Add local restrictions on the private sale or transfer of firearms.

The preemption clause runs against municipalities and counties. It does not limit the state legislature, which retains full authority to regulate firearms subject only to the federal and state constitutions. So a restriction that a city could not adopt may still exist as a matter of state statute (for example, the place restrictions in the Concealed Handgun Carry Act and in Chapter 30, Article 7 NMSA 1978).

How Concealed Carry Fits the Preemption Picture

New Mexico does not allow permitless concealed carry. The base rule is in NMSA 1978 Section 30-7-2 (Unlawful carrying of a deadly weapon). Subsection A makes it an offense to carry a concealed loaded firearm "anywhere," except in listed situations, including:

• In your own residence or on real property you own, lease, rent, or are licensed to use (Section 30-7-2(A)(1));
• In a private automobile or other private conveyance for lawful protection of person or property (Section 30-7-2(A)(2));
• By a person holding a valid concealed handgun license issued by the Department of Public Safety under the Concealed Handgun Carry Act (Section 30-7-2(A)(5)).

Unlawful carrying of a deadly weapon under Section 30-7-2 is a petty misdemeanor (Section 30-7-2(C)). Subsection B confirms that nothing in Section 30-7-2 prevents carrying an unloaded firearm, which is consistent with the constitution's protection of open, nonconcealed carry.

The Concealed Handgun Carry Act is the statewide license framework. It is codified at NMSA 1978 Chapter 29, Article 19 and may be cited as the "Concealed Handgun Carry Act" (Section 29-19-1). The New Mexico Supreme Court has held that the Act does not violate art. II, Section 6 and that it "does no more than add another exception to the general prohibition against carrying concealed weapons" under Section 30-7-2. See State ex rel. N.M. Voices for Children, Inc. v. Denko, 2004-NMSC-011.

Because the license framework is a state statute administered by the Department of Public Safety, and because the constitution bars local regulation of an incident of the right to keep and bear arms, a city or county cannot create its own competing concealed-carry permit.

What Is Not Preempted

Preemption limits ordinance-making power. It does not erase other bodies of law that restrict where you may carry. The following are not displaced by art. II, Section 6:

• State statutory place restrictions. The legislature, not a city or county, sets these. Examples include the courthouse rule in NMSA 1978 Section 29-19-11 (a concealed handgun license is not valid in a courthouse or court facility unless the presiding judicial officer authorizes it) and the school-premises and other restrictions in Chapter 30, Article 7 NMSA 1978.
• Private property rights. A private property owner may forbid firearms on the owner's property. The Concealed Handgun Carry Act rules expressly provide authority for a private property owner to disallow the carrying of a concealed handgun on the owner's property (NMSA 1978 Section 29-19-12(C)). Ignoring a valid no-firearms instruction or posting can expose a carrier to criminal trespass under NMSA 1978 Section 30-14-1. Criminal trespass is a misdemeanor (Section 30-14-1(E)).
• Government control of its own property. A government entity managing its own buildings stands in a different posture than a city legislating for the public at large. A person who knowingly enters or remains on land owned, operated, or controlled by the state or a political subdivision after consent has been denied or withdrawn by the custodian can be charged with criminal trespass under NMSA 1978 Section 30-14-1(C).

Municipal Power Generally

The general grant of municipal authority in NMSA 1978 Section 3-18-1 (General powers) lists a municipality's corporate and police powers, such as the power to preserve peace and order and to protect property and inhabitants. It does not grant authority to regulate the right to keep and bear arms, and any attempt to use general police power for that purpose runs into the constitutional preemption clause. A municipality is a creature of statute and has only the powers the legislature gives it.

Federal Law Is Separate

State preemption controls the relationship between New Mexico and its cities and counties. It has no effect on federal law, which applies on its own terms nationwide:

• 18 U.S.C. 922 lists federal unlawful acts, including the categories of people barred from possessing firearms (felons, certain domestic-violence offenders, unlawful drug users, and others). These bars apply regardless of any New Mexico license.
• 18 U.S.C. 930 makes it a federal offense to knowingly possess a firearm or other dangerous weapon in a federal facility, with a separate and more serious offense for a federal court facility. A New Mexico concealed handgun license does not authorize carry in a federal facility.

State preemption does not displace these federal restrictions, and a New Mexico license does not override them.

Practical Compliance

• If a city or county ordinance appears to regulate firearm possession or carry beyond state law, it is likely unenforceable under N.M. Const. art. II, Section 6. The state legislature, not the local government, sets firearm policy.
• State statutory place restrictions still apply. Watch for courthouses and court facilities (Section 29-19-11) and the place restrictions in Chapter 30, Article 7 NMSA 1978.
• Honor private-property no-firearms instructions and postings. A property owner's authority to bar concealed carry is recognized in the Concealed Handgun Carry Act rules (Section 29-19-12(C)), and entering or remaining after notice can be criminal trespass under Section 30-14-1.
• If you believe you were cited under a preempted local ordinance, comply at the scene, document the citation and the ordinance text, and consult counsel about a challenge rather than arguing the law on the spot.
• Federal facilities are governed by federal law (18 U.S.C. 930), and a state license does not authorize carry there.

Statutes and Authorities Cited

• N.M. Const. art. II, Section 6 - right to bear arms and the local preemption clause.
• NMSA 1978 Section 29-19-1 - short title, "Concealed Handgun Carry Act."
• NMSA 1978 Section 29-19-11 - concealed handgun license not valid in a courthouse or court facility absent judicial authorization.
• NMSA 1978 Section 29-19-12 - rules administered by the Department of Public Safety, including private property owner authority to disallow concealed carry, and reciprocity with other states.
• NMSA 1978 Section 30-7-2 - unlawful carrying of a deadly weapon; concealed-carry exceptions, including CHL holders; petty misdemeanor.
• NMSA 1978 Section 30-14-1 - criminal trespass.
• NMSA 1978 Section 3-18-1 - general powers of municipalities.
• 18 U.S.C. 922 - federal unlawful acts and prohibited-person categories.
• 18 U.S.C. 930 - possession of firearms in federal facilities.

New Mexico Extreme Risk Firearm Protection Order Act

Statutory Framework

New Mexico's red flag law is the Extreme Risk Firearm Protection Order Act, codified at NMSA 1978 Chapter 40, Article 17. The Act is made up of Sections 40-17-1 through 40-17-13 and may be cited as the "Extreme Risk Firearm Protection Order Act" (NMSA 1978 Section 40-17-1). It was enacted by Laws 2020, Chapter 5, and took effect May 20, 2020.

The Act creates a civil district-court process for temporarily removing firearms from a person who a court finds poses a significant danger of causing imminent personal injury to self or others by having custody or control of a firearm, or by purchasing, possessing, or receiving one. Proceedings are filed, heard, and decided in the district court for the county in which the respondent resides (NMSA 1978 Sections 40-17-2 and 40-17-4).

Who May File a Petition

Under NMSA 1978 Section 40-17-5, a petition for an extreme risk firearm protection order may be filed only by a law enforcement officer employed by a law enforcement agency. If the respondent is a law enforcement officer, the petition is filed by the district attorney or the attorney general instead.

A private citizen cannot file directly. A citizen acts as a "reporting party" who asks a law enforcement officer to seek the order. Under the definition in Section 40-17-2 and the petition requirements in Section 40-17-5, a reporting party includes (but is not limited to):

• A spouse or former spouse;
• A parent, present or former stepparent, or present or former parent-in-law;
• A grandparent or grandparent-in-law;
• A co-parent of a child, or a child of the respondent;
• A person with whom the respondent has or had a continuing personal relationship;
• An employer; or
• A public or private school administrator.

A New Mexico Attorney General advisory letter (2021-08) reads the statutory list of reporting parties as illustrative rather than exclusive, because the definition uses the word "includes."

When a reporting party gives a law enforcement officer credible information that creates probable cause to believe the respondent poses a significant danger, the officer shall file a petition (Section 40-17-5(D)). If the officer declines to file a requested petition, the officer must file a notice of that decision with the sheriff of the county where the respondent resides (Section 40-17-5(C)).

The petition must be made under oath, accompanied by a sworn affidavit signed by the reporting party, and must state the specific facts supporting the request (Section 40-17-5(E) and (F)). The Act also forbids charging the reporting party for filing, service, warrants, subpoenas, law enforcement reports, or the cost of confiscating, storing, or destroying a firearm (NMSA 1978 Section 40-17-3).

Two Types of Orders

Temporary Extreme Risk Firearm Protection Order

Under NMSA 1978 Section 40-17-6, the court may enter a temporary order based on the petition, before notice can be served and a hearing held, if it finds from specific facts in the petition that there is probable cause to believe the respondent poses a significant danger. The temporary order enjoins the respondent from possessing, having custody or control of, purchasing, or receiving any firearm while the order is in effect.

The court must hold a hearing on whether to issue a one-year order within ten days of issuing the temporary order. The temporary order continues until the earlier of ten days or the date the court hears the petition. The respondent may request a continuance, and the hearing must then be set within thirty days of that request (Section 40-17-6(C) and (E)).

One-Year Extreme Risk Firearm Protection Order

Under NMSA 1978 Section 40-17-8, after a hearing, the court may issue a one-year order if it finds, by a preponderance of the evidence, that the respondent poses a significant danger of causing imminent personal injury to self or others by having custody or control of a firearm or by purchasing, possessing, or receiving one. A one-year order is a final, immediately appealable order.

Grounds the Court Must Weigh

In deciding whether grounds for any extreme risk firearm protection order exist, the court must consider at a minimum the factors listed in NMSA 1978 Section 40-17-7:

• Any recent act or threat of violence by the respondent against self or others, whether or not a firearm was involved;
• A pattern of acts or threats of violence within the past twelve months;
• The respondent's mental health history;
• The respondent's abuse of controlled substances or alcohol;
• The respondent's previous violations of any court order;
• Any previous extreme risk firearm protection orders issued against the respondent;
• The respondent's criminal history, including arrests and convictions for violent felony or misdemeanor offenses, domestic violence, or stalking;
• The respondent's history of using, attempting to use, or threatening physical violence, of stalking, or of cruelty to animals; and
• Any recent acquisition or attempted acquisition of a firearm.

Effect of an Order

Once a temporary or one-year order is issued, the respondent is enjoined from having any firearm in his or her possession, custody, or control, and from purchasing, receiving, or attempting to purchase or receive any firearm while the order is in effect (NMSA 1978 Sections 40-17-5(B) and 40-17-6(B)).

The clerk of the court provides a copy of the order to a law enforcement agency designated to report to the National Instant Criminal Background Check System (NICS). That agency enters the order into NICS and into the state and federal databases used to identify prohibited firearm purchasers, so that purchase attempts are blocked while the order is in effect (NMSA 1978 Section 40-17-12).

Surrender (Relinquishment) Procedure

Under NMSA 1978 Section 40-17-10, a respondent who receives a temporary or one-year order must relinquish all firearms in his or her possession, custody, or control within forty-eight hours of service of the order, or sooner if the court directs. Relinquishment is made, in a safe manner, to one of the following:

• A law enforcement officer;
• A law enforcement agency; or
• A federal firearms licensee (a federally licensed dealer).

The receiving officer, agency, or dealer must prepare a receipt identifying all firearms relinquished, give a copy to the respondent and to the petitioner, and file the original receipt with the court within seventy-two hours. The Act does not authorize transferring the firearms to a friend or family member during the order period; surrender runs to law enforcement or a federal firearms licensee.

Duration, Termination, and Renewal

A one-year order lasts up to one year (NMSA 1978 Sections 40-17-2 and 40-17-8). Under Section 40-17-8:

• Termination before expiration: The respondent may ask the court to terminate a one-year order at any time before it expires.
• Renewal (extension): Not less than one month before a one-year order expires, the petitioner may petition the court to extend it. Each extension may not exceed one year, and the extension petition must be served on the respondent.

Return of Firearms

Under NMSA 1978 Section 40-17-13, any firearm relinquished under the Act must be returned to the respondent within ten days after the order expires or is terminated. The respondent is not required to obtain a court order to get the firearms back. Before returning them, the law enforcement agency conducts a national criminal records check and returns the firearms only if the respondent is not prohibited from possessing them under state or federal law.

At the respondent's written request, the agency may instead transfer the firearms to a federally licensed dealer or to a lawful private purchaser the respondent designates, subject to a background check on the transferee (except where the transferee is a licensed dealer). No fee is charged for these background checks. It is unlawful for a transferee to return the firearm to the respondent while the order is still in effect; a transferee who does so is guilty of a misdemeanor.

Penalty for Violation

Under NMSA 1978 Section 40-17-11, a person who fails to relinquish a firearm, or who possesses, has custody or control of, purchases, receives, or attempts to purchase, possess, or receive any firearm in violation of a temporary or one-year extreme risk firearm protection order is guilty of a misdemeanor, punishable under NMSA 1978 Section 31-19-1.

A misdemeanor under Section 31-19-1 carries imprisonment in the county jail for a definite term of less than one year, a fine of not more than $1,000, or both, at the judge's discretion. The Act does not escalate a repeat violation to a felony; the offense is a misdemeanor for each violation.

Concealed Handgun License Holders and ERFPOs

The Extreme Risk Firearm Protection Order Act does not itself address a person's concealed handgun license. There is no provision in Chapter 40, Article 17 that requires surrendering a concealed handgun license or that revokes one automatically.

The practical effect still reaches a license holder, because while an order is in effect the respondent is prohibited from possessing firearms. A New Mexico concealed handgun licensee must remain qualified under NMSA 1978 Section 29-19-4, which requires that the person not be "otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm." A person subject to an active extreme risk firearm protection order cannot lawfully carry during the order period and, under NMSA 1978 Section 29-19-6(I), the Department of Public Safety may suspend or revoke a license when the licensee no longer satisfies the criteria for issuance. (Note: NMSA 1978 Section 29-19-13 is the statute creating the concealed handgun carry fund, not a license-revocation provision.)

Relationship to Federal Law

An extreme risk firearm protection order is a civil order, not a criminal conviction. Standing alone, it does not place a person in every federal "prohibited person" category under 18 U.S.C. Section 922(g). During the order period, however, the respondent is barred from possessing firearms under state law.

The federal protective-order prohibition at 18 U.S.C. Section 922(g)(8) does not automatically attach to every ERFPO. That federal disability applies only to a court order that was issued after a hearing of which the person received actual notice and had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner (or the partner's or person's child), and that either includes a credible-threat finding or explicitly prohibits the use of physical force. A temporary ERFPO is issued without a prior hearing, and many ERFPOs do not involve an intimate partner, so federal Section 922(g)(8) liability is not a given. Whether a particular ERFPO triggers a federal disability depends on its terms and how it was issued.

Practical Notes

• An ERFPO petition is filed by a law enforcement officer. A family member, household member, or other concerned person who believes someone poses a danger should contact local law enforcement and serve as the reporting party, providing the underlying facts in a sworn affidavit.
• Surrender runs to a law enforcement officer, a law enforcement agency, or a federal firearms licensee within 48 hours of service.
• The standard of proof differs by order type: probable cause for a temporary order, and a preponderance of the evidence for a one-year order.
• Suicide prevention and mental-health resources should be the first response in many of the situations that prompt an ERFPO. The order is a complementary tool, not a substitute for clinical care.
• This summary is for general information only and is not legal advice. For advice about a specific situation, consult a licensed New Mexico attorney.

New Mexico NFA Items: Machine Guns, Suppressors, Short-Barreled Rifles

Overview

National Firearms Act (NFA) items are regulated principally by federal law. The governing statutes are the National Firearms Act of 1934, codified in 26 U.S.C. Chapter 53 (Sections 5801 to 5872), as supplemented by the Gun Control Act of 1968 (18 U.S.C. Chapter 44) and the Firearm Owners' Protection Act of 1986. Implementing regulations are in 27 CFR Part 479. The federal definitions of the regulated items are in 26 U.S.C. Section 5845.

New Mexico does not impose a separate state-law ban on lawfully possessed NFA items. New Mexico's weapons statutes are in NMSA 1978 Chapter 30, Article 7. Those statutes do not contain a state-level ban on machine guns, suppressors, or short-barreled rifles that mirrors the federal scheme. A person in New Mexico who complies with the federal registration and tax requirements does not violate state law merely by possessing an NFA item.

NFA Item Categories

Under 26 U.S.C. Section 5845, the term "firearm" for NFA purposes includes the following categories:

• Machine guns: under Section 5845(b), any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of such a weapon and any part or combination of parts designed and intended for converting a weapon into a machine gun.
• Short-barreled rifles (SBR): a rifle with a barrel of less than 16 inches, or a weapon made from a rifle that, as modified, has an overall length of less than 26 inches or a barrel of less than 16 inches (Section 5845(a)(3) and (4)).
• Short-barreled shotguns (SBS): a shotgun with a barrel of less than 18 inches, or a weapon made from a shotgun that, as modified, has an overall length of less than 26 inches or a barrel of less than 18 inches (Section 5845(a)(1) and (2)).
• Suppressors and silencers: under Section 5845(a)(7), any silencer as defined in 18 U.S.C. Section 921. The definition reaches devices for silencing, muffling, or diminishing the report of a portable firearm.
• Destructive devices (DD): under Section 5845(f), explosive, incendiary, or poison-gas bombs, grenades, rockets with a propellant charge of more than four ounces, missiles with an explosive or incendiary charge of more than one-quarter ounce, mines, and similar devices; any weapon with a bore of more than one-half inch in diameter (with a sporting-shotgun exception the Secretary recognizes); and combinations of parts from which such a device may be readily assembled.
• Any other weapons (AOW): under Section 5845(e), a catch-all for concealable weapons from which a shot can be discharged through the energy of an explosive, smooth-bore pistols, certain combination weapons, and similar items.

The term does not include an antique firearm as defined in Section 5845(g) or a collector's-item device the Secretary excludes under Section 5845(a).

Acquisition Process

To lawfully acquire an NFA item, an individual must:

1. Select an NFA-eligible item, generally through a federal firearms licensee who is also a Special Occupational Taxpayer (an SOT, commonly called a Class 3 dealer).
2. Submit the appropriate ATF form: ATF Form 4 for a transfer from a dealer, ATF Form 1 to make a suppressor or SBR, or ATF Form 5 for certain tax-free transfers.
3. Submit fingerprints and a passport-style photograph with the application, along with the Form 4 (or Form 1) and the responsible-person paperwork when an entity applies.
4. Pay any federal transfer or making tax due. As explained below, the tax amount changed for transfers and making occurring on or after January 1, 2026.
5. Wait for ATF approval. Processing times vary; the electronic-filing (eForm) process has reduced wait times in recent periods.
6. Take possession of the item after ATF approval is received.

Federal Transfer and Making Tax

The federal transfer tax is set by 26 U.S.C. Section 5811, and the federal making tax is set by 26 U.S.C. Section 5821. Both sections were amended by Pub. L. 119-21, enacted July 4, 2025.

As amended, the tax is $200 for each machine gun or destructive device and $0 for any NFA firearm not in that group. That $0 rate covers short-barreled rifles, short-barreled shotguns, suppressors, and any-other-weapons. Under the effective-date provision, the amended rates apply to calendar quarters beginning more than 90 days after July 4, 2025, which makes the first qualifying quarter January 1, 2026.

For transfers and making completed before January 1, 2026, the prior rates applied: $200 for each NFA firearm, except $5 for an item classified as an any-other-weapon under Section 5845(e). A person reviewing an older approval or an older guide should account for which tax regime applied when the transfer or making occurred.

The transfer tax is paid by the transferor (Section 5811(b)); the making tax is paid by the person making the firearm (Section 5821(b)). Both are paid by the stamp prescribed by the Secretary.

Trust, Corporation, and LLC Ownership

An NFA item may be acquired by an individual, a revocable living trust, or a corporation or LLC. Trust ownership is a common structure because it lets multiple authorized users possess the item without each one separately taking transfer of it. Under the 2016 ATF rule known as 41F, every "responsible person" of a trust or entity (for example, a trustee or an officer) must submit fingerprints and a photograph and complete the chief-law-enforcement notification when an NFA item is transferred to the trust or entity.

Chief Law Enforcement Officer Notification

Under ATF Rule 41F, effective July 13, 2016, the applicant must notify the chief law enforcement officer of the locality where the applicant resides that an NFA application has been filed. The notification is informational. The chief law enforcement officer does not have approval authority; the former sign-off requirement was eliminated by Rule 41F.

Possession and Transport

Once approved, the owner may possess the NFA item at the address listed on the approved form. Permanent interstate transport of a machine gun, short-barreled rifle, short-barreled shotgun, or destructive device requires prior ATF approval on ATF Form 5320.20. Suppressors and any-other-weapons may be moved across state lines without that prior approval, but the owner should carry a copy of the approved form when transporting any NFA item.

Machine Guns and the Civilian Transfer Ban

Civilian acquisition of machine guns is sharply limited by 18 U.S.C. Section 922(o). That subsection makes it unlawful to transfer or possess a machine gun, except for transfers to or possession by a government agency, or any lawful transfer or lawful possession of a machine gun that was lawfully possessed before the date the subsection took effect. That date is May 19, 1986, the date the Firearm Owners' Protection Act was enacted. The practical result is that the only machine guns transferable to private individuals are those lawfully registered before May 19, 1986, and prices for those weapons are high because the supply is fixed. New Mexico does not separately authorize or ban civilian machine-gun possession; the federal limit controls.

Suppressors

Suppressors are among the most commonly acquired civilian NFA items. New Mexico law does not prohibit suppressor possession, so the federal acquisition process under 26 U.S.C. Chapter 53 applies. Whether a suppressor may be used while hunting is a New Mexico Department of Game and Fish regulatory question rather than a matter set by the Chapter 30 criminal statutes, so a hunter should confirm the current Game and Fish rules before relying on suppressor use afield.

Short-Barreled Rifles and Stabilizing-Brace Classification

The federal classification of pistols equipped with stabilizing braces was the subject of ATF rulemaking and litigation during 2023 through 2025, and the legal status shifted more than once. Because the threshold for a short-barreled rifle under 26 U.S.C. Section 5845(a)(3) and (4) turns on barrel length and overall length, the classification of a brace-equipped firearm can determine whether it is a regulated SBR. An owner of a brace-equipped firearm should verify the current federal status of that configuration before assuming it is or is not an SBR.

State-Law Posture

New Mexico does not criminalize possession of an NFA item by a person who has complied with the federal registration and tax requirements. The weapons statutes in NMSA 1978 Chapter 30, Article 7 do not contain a state ban on machine guns, suppressors, or short-barreled rifles.

Two state statutes can still apply to NFA-related conduct:

• Prohibited persons. Under NMSA 1978 Section 30-7-16, it is unlawful for a felon, a person subject to certain protective orders, and other listed persons to receive, transport, or possess a firearm or destructive device in New Mexico. Section 30-7-16(E)(1) defines "destructive device" in terms that closely track the federal definition, including explosive or incendiary bombs, grenades, mines, and weapons with a bore of more than one-half inch. A felon found in possession of a firearm is guilty of a third degree felony under Section 30-7-16(B), and a serious violent felon found in possession of a firearm is guilty of a third degree felony with a basic term of six years under Section 30-7-16(C).
• Explosives marking and carriage. NMSA 1978 Section 30-7-7 governs the marking of explosives and their carriage on common carriers. It is not a general ban on destructive devices. Under that section, the marking offense in Subsection A is a petty misdemeanor and the common-carrier transportation offense in Subsection B is a fourth degree felony.

Penalties for Unregistered NFA Items

The federal prohibited acts are listed in 26 U.S.C. Section 5861. They include receiving or possessing an NFA firearm that is not registered to the possessor in the National Firearms Registration and Transfer Record, receiving or possessing a firearm transferred or made in violation of Chapter 53, and making a firearm in violation of Chapter 53.

The penalty is set separately by 26 U.S.C. Section 5871. A person who violates or fails to comply with any provision of Chapter 53 may, upon conviction, be fined not more than $10,000, imprisoned not more than ten years, or both. Each unregistered item can be charged as a separate offense. In federal felony sentencing, the general alternative-fine provision in 18 U.S.C. Section 3571 can raise the maximum fine above the $10,000 figure stated in Section 5871, so the dollar exposure in a given case may be higher than the on-statute amount.

Practical NFA Compliance

• Acquire NFA items through a licensed dealer who is a Special Occupational Taxpayer, or make eligible items only after an approved ATF Form 1.
• Keep the approved ATF form (or a copy) with the item.
• Carry a copy of the approved form, and ATF Form 5320.20 when required, while transporting the item.
• Keep the item at the address on the approved form unless transport is properly approved.
• Complete the chief-law-enforcement notification required by ATF Rule 41F at the time of application.
• Confirm whether the $200 or $0 tax rate applied to a given transfer or making, based on the date the transaction was completed.

Resources

• ATF National Firearms Act resources: Bureau of Alcohol, Tobacco, Firearms and Explosives, https://www.atf.gov/firearms/national-firearms-act-nfa
• National Firearms Act Handbook (ATF Publication 5320.8): guide to the NFA application and possession requirements.

New Mexico Concealed Carry: Additional Resources

This page collects the official agencies, statutes, and outside organizations you may need when applying for, renewing, or carrying under a New Mexico concealed handgun license (CHL). New Mexico requires a state-issued license to carry a concealed loaded firearm. Carrying a concealed loaded firearm without a license, or another lawful exception, is a petty misdemeanor under NMSA 1978 Section 30-7-2. A valid CHL issued by the Department of Public Safety is one of the exceptions listed in that statute. Use the resources below to confirm current requirements directly with the issuing agency.

Official Government Sources

New Mexico Department of Public Safety, Special Investigations Division

The Department of Public Safety (DPS) is the agency that issues the concealed handgun license, approves firearms training courses, and administers reciprocal agreements with other states. The Concealed Handgun Carry Act directs the department to issue or deny a license within 30 days of a completed application and a national background check (NMSA 1978 Section 29-19-6), to publish minimum standards for approved training courses (NMSA 1978 Section 29-19-7), and to adopt rules and enter reciprocal agreements (NMSA 1978 Section 29-19-12).

• Website: https://www.dps.nm.gov/ (Special Investigations Division pages)
• Concealed carry licensing: application forms, fee schedule, approved-instructor list, training requirements, and the reciprocity list
• Mailing address: New Mexico Department of Public Safety, 4491 Cerrillos Road, Santa Fe, NM 87507

Confirm the current application fee, renewal fee, and license term with DPS before you apply. By statute the application fee may not exceed $100 (NMSA 1978 Section 29-19-5), the renewal fee is $75 (NMSA 1978 Section 29-19-6), and an original or renewed license is valid for four years from the date of issuance (NMSA 1978 Section 29-19-3).

New Mexico Compilation Commission

Publisher of the official New Mexico Statutes Annotated (NMSA 1978), including the Concealed Handgun Carry Act (Chapter 29, Article 19) and the weapons statutes (Chapter 30, Article 7).

• Website: https://nmonesource.com/ (subscription or per-document access)

Office of the New Mexico Attorney General

Issues advisory opinions on firearms law, prosecutes certain offenses, and provides consumer-protection information.

• Website: https://www.nmag.gov/
• Attorney General opinions are searchable by topic

New Mexico Legislature

Source for current bills, session laws, and committee reports on firearms legislation.

• Website: https://www.nmlegis.gov/
• Bill tracking for firearms-related measures

New Mexico Judicial Branch

Court rules, court facility security policies, and uniform jury instructions, including the self-defense instructions. Note that a concealed handgun license is not valid in a courthouse or court facility unless the presiding judicial officer authorizes it (NMSA 1978 Section 29-19-11).

• Website: https://www.nmcourts.gov/

Federal Resources

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

Federal agency administering the Gun Control Act, the National Firearms Act, and federal explosives laws.

• Website: https://www.atf.gov/
• NFA Branch for machine guns, suppressors, short-barreled rifles, and other NFA items
• eForms portal for ATF Form 1, Form 4, and Form 5320.20 submissions

Under the National Firearms Act, the making or transfer tax was changed by Public Law 119-21. For calendar quarters beginning more than 90 days after July 4, 2025, the first being the quarter that starts January 1, 2026, the making and transfer tax is $200 for a machinegun or a destructive device and $0 for other NFA items. Confirm current tax treatment with ATF before filing.

Federal Bureau of Investigation - NICS

Operates the National Instant Criminal Background Check System used for federal background checks on firearm transfers.

• Website: https://www.fbi.gov/services/cjis/nics

Transportation Security Administration (TSA)

Regulates how firearms and ammunition are transported in checked baggage on commercial flights. Carrying a firearm into an airport secured area or onto an aircraft is a federal crime under 49 U.S.C. 46505. Federal law also limits mailing concealable handguns through the U.S. Mail under 18 U.S.C. 1715. Plan any air travel around these rules well in advance.

• Website: https://www.tsa.gov/travel/transporting-firearms-and-ammunition

U.S. Postal Service

Regulations on shipping firearms by U.S. Mail. See Publication 52, Hazardous, Restricted, and Perishable Mail. The federal nonmailable-firearms statute, 18 U.S.C. 1715, applies to pistols, revolvers, and other concealable firearms.

Law Enforcement Officers Safety Act (LEOSA)

Qualified active and retired law enforcement officers may carry concealed nationwide under federal law, 18 U.S.C. 926B (active) and 18 U.S.C. 926C (retired), subject to the conditions in those statutes. This is a federal authorization, not a New Mexico exemption. New Mexico separately waives application, renewal, and training requirements for certain current and retired certified law enforcement officers and mounted patrol members under NMSA 1978 Section 29-19-14.

Training Resources

New Mexico DPS-Approved Instructor List

A New Mexico CHL applicant must complete a firearms training course that is approved by the department. By statute the initial course must be at least 15 hours and must cover handgun safety, safe storage and child safety, shooting fundamentals, live fire, applicable federal, state, and local firearms law, conflict avoidance, and nonviolent dispute resolution (NMSA 1978 Section 29-19-7). Every instructor of an approved course must annually file a course description and proof of certification with the department (NMSA 1978 Section 29-19-7).

Renewal requires a certificate of completion of a four-hour refresher firearms training course approved by the department (NMSA 1978 Section 29-19-6). Separately, a licensee must complete a two-hour refresher course 22 to 26 months after the issuance of an original or renewed license (NMSA 1978 Section 29-19-6). The Department of Public Safety publishes the list of approved instructors. Confirm an instructor's current approval status through DPS Special Investigations Division before enrolling.

National Training Organizations

The following national organizations train instructors who may then seek DPS approval in New Mexico. Approval as a New Mexico instructor still comes from DPS, not from these organizations.

• NRA Firearms Instructor program
• USCCA Instructor program
• Other nationally recognized firearms training organizations that customarily offer handgun instruction

Always verify that any course you take is on the current DPS-approved list before relying on it for licensing.

Legal Information Resources

New Mexico State Bar - Lawyer Referral Service

For New Mexico residents who need a referral to a firearms attorney:

• Website: https://www.nmbar.org/

Justia - New Mexico Statutes

Free public access to NMSA 1978 statutes, including the Concealed Handgun Carry Act and the Weapons and Explosives article.

• Website: https://law.justia.com/codes/new-mexico/

Reciprocity Verification

New Mexico's reciprocal agreements are administered by DPS under NMSA 1978 Section 29-19-12. The DPS reciprocity list is the controlling source. The resources below are useful for a quick check but are not official.

DPS Reciprocity List

The official, controlling list of states whose licenses New Mexico honors and of states that honor a New Mexico license.

• Website: https://www.dps.nm.gov/ (Special Investigations Division, concealed carry reciprocity)

Handgunlaw.us

Independent aggregator of state-by-state concealed-carry reciprocity information.

• Website: https://handgunlaw.us/

USCCA Reciprocity Map

USCCA member resource for reciprocity and state law summaries.

• Website: https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/

Suicide Prevention and Mental Health Resources

A person facing a firearm protection order petition under the Extreme Risk Firearm Protection Order Act (NMSA 1978 Sections 40-17-1 to 40-17-13), or a CHL holder facing a mental-health crisis, may benefit from these resources:

• 988 Suicide and Crisis Lifeline - dial 988 (formerly the National Suicide Prevention Lifeline)
• New Mexico Crisis and Access Line - 1-855-662-7474 (1-855-NMCRISIS)
• National Alliance on Mental Illness (NAMI) - New Mexico - https://naminewmexico.org/

Tribal Lands and Jurisdictions

A concealed handgun license is valid on tribal land only to the extent the tribe permits it, and tribal governments may set their own firearms rules (see NMSA 1978 Section 29-19-10, validity of license on tribal land). Many New Mexico pueblos and tribal jurisdictions regulate firearms differently from state law.

• Contact the specific tribal government before crossing into tribal lands while armed.

Domestic Violence Resources

For people facing domestic violence, whether as a victim or as a person subject to or considering a protective order:

• New Mexico Coalition Against Domestic Violence - https://www.nmcadv.org/
• National Domestic Violence Hotline - 1-800-799-7233

Storage and Safe Practices

Project ChildSafe

National program providing free firearm safety education and locking devices. Safe storage and child safety are required topics in the New Mexico approved training course (NMSA 1978 Section 29-19-7).

• Website: https://www.projectchildsafe.org/

National Shooting Sports Foundation

Industry safety education resources.

• Website: https://www.nssf.org/

Statutory Reference

These are the New Mexico statutes most often cited in this guide. Each has been confirmed against the current statute text.

• NMSA 1978 Chapter 29, Article 19 - Concealed Handgun Carry Act (the short title is set by NMSA 1978 Section 29-19-1)
• NMSA 1978 Section 29-19-3 - Date and four-year period of licensure
• NMSA 1978 Section 29-19-4 - Applicant qualifications
• NMSA 1978 Section 29-19-5 - Application form, screening, and application fee (not to exceed $100)
• NMSA 1978 Section 29-19-6 - License renewal, $75 renewal fee, four-hour refresher course, and the two-hour two-year refresher
• NMSA 1978 Section 29-19-7 - Training course requirement (minimum 15 hours) and instructor filing duty
• NMSA 1978 Section 29-19-11 - License not valid in a courthouse or court facility without authorization
• NMSA 1978 Section 29-19-12 - Department rules and reciprocal agreements
• NMSA 1978 Section 29-19-14 - Fee and training waivers for certain current and retired law enforcement officers and mounted patrol members
• NMSA 1978 Chapter 30, Article 7 - Weapons and Explosives
• NMSA 1978 Section 30-7-2 - Unlawful carrying of a deadly weapon (carrying a concealed loaded firearm without a license or exception is a petty misdemeanor)
• NMSA 1978 Section 30-2-7 - Justifiable homicide by citizen
• NMSA 1978 Chapter 40, Article 17 - Extreme Risk Firearm Protection Order Act (Sections 40-17-1 to 40-17-13)
• N.M. Const. art. II, Section 6 - Right to bear arms, and the bar on municipal or county regulation of any incident of that right

Disclaimer

The resources above are provided for informational purposes only. Inclusion is not an endorsement. The accuracy and currency of third-party resources is the responsibility of the publishing organizations, not this guide. Statutory citations reflect the publicly available New Mexico Statutes Annotated and may change as the legislature amends the law. For binding legal advice, consult a licensed New Mexico attorney.

New Mexico Concealed Carry - Frequently Asked Questions

Eligibility and Application

Q: Is New Mexico a constitutional-carry state?

A: No. New Mexico requires a Concealed Handgun License (CHL) to carry a loaded firearm concealed. Carrying a concealed loaded firearm without a license is "unlawful carrying of a deadly weapon," a petty misdemeanor under NMSA 1978 Section 30-7-2, unless you hold a valid CHL or fall within another listed exception (such as your own residence or your private vehicle). The state constitution protects the right to keep and bear arms but expressly does not extend that protection to concealed carry: N.M. Const. art. II, Section 6 states that "nothing herein shall be held to permit the carrying of concealed weapons." Open carry of a firearm by a person who may lawfully possess it is generally permitted without a license, because Section 30-7-2 criminalizes only the carrying of a concealed loaded firearm.

Q: How old do I have to be to get a New Mexico CHL?

A: 21 years old. NMSA 1978 Section 29-19-4(A)(3) requires that an applicant be twenty-one years of age or older. New Mexico does not issue CHLs to applicants under 21.

Q: Can a non-resident get a New Mexico CHL?

A: New Mexico does not have a separate non-resident CHL category. Under NMSA 1978 Section 29-19-4(A)(2), an applicant must be a resident of New Mexico, a member of the armed forces whose permanent duty station is located in New Mexico, or a dependent of such a member. Non-residents who carry in New Mexico typically rely on their home-state permit through the reciprocity framework of Section 29-19-12.

Q: How long is a New Mexico CHL valid?

A: Four years. NMSA 1978 Section 29-19-3 provides that original and renewed concealed handgun licenses are valid for a period of four years from the date of issuance, unless suspended or revoked. (A retired law enforcement officer's license under Section 29-19-14 and a military service person's license under Section 29-19-15 are each valid for five years.)

Q: How much training is required for the initial CHL?

A: A minimum of 15 hours of instruction. NMSA 1978 Section 29-19-7 requires an approved firearms training course of not less than fifteen hours, including classroom instruction, range instruction, and an actual live demonstration by the applicant of the ability to safely use a handgun. The course must be approved by the Department of Public Safety and must cover topics including safe handling, safe storage and child safety, live shooting on a firing range, and the federal, state, and local laws on the purchase, ownership, transportation, use, and possession of handguns.

Q: What does the live-fire qualification cover?

A: The applicant must demonstrate the ability to use a handgun, and at a minimum must qualify with a handgun of .32 caliber (Section 29-19-7). Under Section 29-19-4(A)(10), the training is completed for the category and the largest caliber of handgun the applicant wants to be licensed to carry. The license then states the category and largest caliber the licensee may carry (Section 29-19-6(C)(4)), and the licensee may carry smaller-caliber handguns of that category but may carry only one concealed handgun at a time.

Q: How long is the renewal training?

A: A four-hour refresher firearms training course approved by the Department of Public Safety. NMSA 1978 Section 29-19-6(F) requires a completed renewal form, a $75 renewal fee, and a certificate of completion of a four-hour refresher course.

Q: Is there any training requirement in the middle of my four-year license period?

A: Yes. NMSA 1978 Section 29-19-6(H) requires a two-hour refresher firearms training course two years after the issuance of an original or renewed license. The course must be taken twenty-two to twenty-six months after issuance, and the certificate of completion must be submitted to the department no later than thirty days after completion. This is separate from the four-hour course required to renew.

Q: How much does the CHL cost?

A: The application fee is set by statute at an amount not to exceed $100 (NMSA 1978 Section 29-19-5(B)(2)). The renewal fee is $75 (Section 29-19-6(F)(2)). You also pay for fingerprinting (a law enforcement agency may charge a reasonable fee to fingerprint an applicant under Section 29-19-5(C)) and for the training course itself. Current and retired certified law enforcement officers, New Mexico mounted patrol members, and qualifying military service persons are exempt from the application fee, renewal fee, and (within limits) the training course under Sections 29-19-14 and 29-19-15.

Q: How long does the application process take?

A: The department acts within thirty days after receiving a completed application and the results of the national criminal background check (NMSA 1978 Section 29-19-6(A)). Actual processing time varies with application volume and federal background-check turnaround.

Where I Can and Cannot Carry

Q: Can I carry concealed in a restaurant or bar that serves alcohol?

A: It depends on the type of license the establishment holds. NMSA 1978 Section 30-7-3 makes it unlawful to carry a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages, a fourth-degree felony. A CHL holder may carry concealed under two listed exceptions: (a) on the premises of a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or (b) in a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from food sold for on-premises consumption, unless the restaurant posts a conspicuous no-firearms sign at each public entrance or the owner or manager verbally tells you that firearms are not permitted. Bars and other on-premises liquor establishments that do not fit those exceptions remain off-limits even for CHL holders.

Q: Can I carry concealed in a grocery store that sells beer and wine for off-premises use?

A: Yes. Section 30-7-3's exception in Subsection A(4)(a) covers a licensed establishment that does not sell alcoholic beverages for consumption on the premises. A store selling sealed beer and wine for off-site consumption falls within that exception. You must still comply with all other carry rules and any posted private-property notice.

Q: Can I carry concealed on a K-12 school campus?

A: No. NMSA 1978 Section 30-7-2.1 makes carrying a deadly weapon on school premises a fourth-degree felony, and Section 29-19-8(B) confirms that a CHL does not authorize carry on school premises. "School premises" includes the buildings, grounds, playgrounds, playing fields, parking areas, and school buses of public elementary, secondary, junior high, and high schools. A CHL also does not authorize carry on the premises of a preschool (Section 29-19-8(C)).

Q: Can I leave my firearm in my vehicle in a school parking lot?

A: Generally yes. Section 30-7-2.1(A)(5) exempts a person older than nineteen years of age who is on school premises in a private automobile or other private means of conveyance for lawful protection of person or property. The firearm must stay with the vehicle; carrying it onto the school grounds is the felony the statute prohibits.

Q: Can I carry concealed on a college or university campus?

A: Carrying a firearm on university premises is unlawful under NMSA 1978 Section 30-7-2.4, a petty misdemeanor. This covers baccalaureate institutions, community colleges, branch community colleges, technical-vocational institutes, and area vocational schools, including their buildings, grounds, playing fields, and parking areas. The same statute has a vehicle exception in Subsection A(5) for a person older than nineteen carrying in a private vehicle for lawful protection. Universities are required to post conspicuous notices that carrying a firearm on university premises is unlawful.

Q: Can I carry concealed in a courthouse?

A: No, not without permission. NMSA 1978 Section 29-19-11 provides that a concealed handgun license is not valid in a courthouse or court facility unless authorized by the presiding judicial officer for that courthouse. Federal court facilities are governed separately by 18 U.S.C. Section 930.

Q: Can I carry on federal property?

A: Federal facilities (federal office buildings, and similar federally owned or leased property where federal employees regularly work) are off-limits under 18 U.S.C. Section 930, regardless of state law; a violation is punishable by a fine or up to one year of imprisonment, with heavier penalties if you intend the weapon to be used in a crime. The statute treats federal court facilities even more strictly. National parks generally allow firearm possession by people who may lawfully carry under the law of the state in which the park sits, but buildings within parks where federal employees regularly work remain off-limits.

Q: Can I carry in private businesses that post "no firearms" signs?

A: A property owner may bar firearms from the premises. The Concealed Handgun Carry Act directs the department to adopt rules giving a private property owner authority to disallow concealed carry on the owner's property (NMSA 1978 Section 29-19-12(C)). If you stay or refuse to leave after notice, you may be charged with criminal trespass under Section 30-14-1, a misdemeanor. Holding a CHL is not a defense; comply with posted private-property notice.

Q: Can a city or county prohibit me from carrying in a public park?

A: N.M. Const. art. II, Section 6 provides that "no municipality or county shall regulate, in any way, an incident of the right to keep and bear arms." Local ordinances that try to regulate carry as an incident of that right may be preempted. This is a constitutional question that turns on the specific ordinance, so consult counsel rather than arguing the point on the scene. A city or county acting as a property owner of a particular building may still control firearms on that property, and you should comply with posted notice.

Q: Is my CHL valid on tribal land?

A: Not automatically. NMSA 1978 Section 29-19-10 provides that a concealed handgun license is not valid on tribal land unless the carry is authorized by the governing body of the Indian nation, tribe, or pueblo. Check the rules of the specific tribe before carrying.

Carry and Conduct

Q: Do I have to carry my license, and must I inform an officer that I'm carrying?

A: You must keep the license on you. NMSA 1978 Section 29-19-9 requires a licensee to have the concealed handgun license in possession at all times while carrying a concealed handgun. The Concealed Handgun Carry Act does not, by its terms, impose a separate statutory duty to volunteer or to announce that you are carrying. The department is authorized to make rules allowing an officer to confiscate a license when a licensee violates the Act (Section 29-19-12(B)). As a practical matter, calmly identifying yourself as a CHL holder during a law enforcement encounter avoids confusion, but treat that as good practice rather than a charged statutory mandate.

Q: Can I drink alcohol while carrying concealed?

A: Do not carry a firearm while under the influence. NMSA 1978 Section 30-7-4(A)(2) makes "carrying a firearm while under the influence of an intoxicant or narcotic" the offense of negligent use of a deadly weapon, a petty misdemeanor. Carrying in an establishment licensed to dispense alcohol is separately restricted by Section 30-7-3. The safest course is not to carry while drinking.

Q: What about marijuana? Can I carry while using it?

A: No. Carrying a firearm while under the influence of a narcotic is negligent use of a deadly weapon under NMSA 1978 Section 30-7-4(A)(2). Separately, federal law at 18 U.S.C. Section 922(g)(3) makes it unlawful for any person who is an unlawful user of or addicted to any controlled substance to possess a firearm. Marijuana remains a federally controlled substance, so a marijuana user faces federal exposure even though marijuana is legal under New Mexico state law. A marijuana user who applies for or holds a CHL faces legal risk under both state and federal law.

Q: What is the "category and caliber" limitation on the CHL?

A: Your license is qualified to one category of handgun and to a maximum caliber. Under NMSA 1978 Section 29-19-2, "category" means whether a handgun is semiautomatic or not semiautomatic, and "caliber" means the diameter of the bore. The applicant trains for the category and the largest caliber to be licensed (Section 29-19-4(A)(10)), and the license states that category and largest caliber (Section 29-19-6(C)(4)). You may carry handguns of the same category in that caliber or smaller, but only one concealed handgun at a time. To move up a category or caliber, complete additional approved training.

Q: Can I open carry without a permit?

A: Yes. Section 30-7-2 criminalizes only the carrying of a concealed loaded firearm, so open carry of a firearm by a person who may lawfully possess it is generally lawful in New Mexico without a state license. The same place restrictions on firearms (schools, universities, liquor establishments, courthouses, federal facilities) still apply.

Vehicle and Storage

Q: Can I carry a loaded handgun in my private vehicle without a CHL?

A: Yes. NMSA 1978 Section 30-7-2(A)(2) lists, as an exception to unlawful carrying of a deadly weapon, carrying in a private automobile or other private means of conveyance for the lawful protection of one's own or another's person or property. This applies whether or not you hold a CHL.

Q: Do I need to store my firearm in a locked container at home?

A: New Mexico does not impose a general statutory locked-storage mandate for firearms kept in the home. However, handling a firearm in a way that endangers others, including negligent handling, is the offense of negligent use of a deadly weapon under NMSA 1978 Section 30-7-4(A)(3), a petty misdemeanor. Reasonable care, especially around children or unscreened guests, supports using a safe or locked container.

Purchase and Transfer

Q: Does New Mexico have a waiting period to buy a firearm?

A: Yes. NMSA 1978 Section 30-7-7.3 (enacted by Laws 2024, ch. 46) requires a seven-calendar-day waiting period for the sale and transfer of a firearm; the period includes the time needed for the federal instant background check. If the check is not completed within twenty days, the seller may transfer the firearm. The waiting period does not apply to a sale:

• to a buyer who holds a valid federal firearms license;
• to a buyer who holds a valid New Mexico concealed handgun license;
• to a law enforcement agency;
• between two qualifying law enforcement officers; or
• between immediate family members (as defined in the statute).

A violation is a misdemeanor. The CHL exemption is one practical benefit of holding the license.

Q: Does New Mexico require a background check on private firearm sales?

A: Yes, in most cases. NMSA 1978 Section 30-7-7.1 makes it unlawful to sell a firearm without a federal instant background check. A seller who is not a federal firearms licensee must arrange for an FFL to run the check, and the FFL may charge a fee of up to $35. The requirement does not apply to a sale by or to an FFL, to a law enforcement agency, between two qualifying law enforcement officers, or between immediate family members. A violation is a misdemeanor.

Q: Can I lend or give my firearm to someone?

A: A temporary transfer between adults who may lawfully possess firearms is generally lawful, but a "sale" (a transfer for a fee or other consideration) triggers the background-check requirement of Section 30-7-7.1 unless an exception applies. Knowingly buying or transferring a firearm for someone you know to be a felon, or to further a firearm-related crime, is "unlawful purchase or transfer of a firearm for another," a fourth-degree felony under Section 30-7-7.2.

Reciprocity

Q: Does my New Mexico CHL work in other states?

A: Recognition depends on each destination state's rules. Constitutional-carry states allow any lawful possessor to carry concealed without a permit, so they effectively let an NM licensee carry. Other states recognize the NM license only if it appears on their reciprocity list. Always verify the destination state's current rules before traveling.

Q: I have a permit from another state. Can I carry in New Mexico?

A: Possibly. NMSA 1978 Section 29-19-12(E) gives the Department of Public Safety discretionary authority to recognize a license from another state if the issuing state's program is at least as stringent as or substantially similar to the Concealed Handgun Carry Act, prints an expiration date, can verify status for law enforcement within three business days, has disqualification and revocation requirements, and requires a national criminal history check and a qualifying firearms safety program. If your state is on the department's current recognition list, you may carry in New Mexico subject to all New Mexico carry rules.

Self-Defense and Use of Force

Q: When can I use deadly force in self-defense?

A: New Mexico law treats a killing as justifiable homicide in defined circumstances. NMSA 1978 Section 30-2-7 provides that homicide is justifiable when committed in the necessary defense of one's life, family, or property, or in the lawful defense of oneself or another where there is reasonable ground to believe a design exists to commit a felony or do great personal injury and there is imminent danger that the design will be accomplished. New Mexico's uniform jury instructions frame this as requiring an apparent danger of immediate death or great bodily harm, action taken because of that fear, and conduct that a reasonable person would have taken in the same circumstances. Use only the force reasonably necessary and stop when the threat ends.

Q: Does New Mexico have a "stand your ground" law?

A: New Mexico has not enacted a comprehensive stand-your-ground statute. New Mexico case law does not impose a strict duty to retreat as a precondition to self-defense. The availability of a safe retreat may be considered as part of the overall reasonableness of the use of force, rather than as a separate threshold requirement.

Q: What is the castle doctrine in New Mexico?

A: In your own home there is no duty to retreat before using reasonably necessary force, including deadly force, to defend against an unlawful attack. New Mexico's castle doctrine is grounded in common law and the justifiable-homicide framework of NMSA 1978 Section 30-2-7, rather than in a separate codified "castle" statute.

Red Flag Law

Q: Does New Mexico have a red flag law?

A: Yes, the Extreme Risk Firearm Protection Order Act, NMSA 1978 Chapter 40, Article 17 (Sections 40-17-1 through 40-17-13, enacted by Laws 2020). A court may order a person who poses a significant danger of causing imminent personal injury to self or others to surrender firearms and to refrain from purchasing, possessing, or receiving firearms while the order is in effect.

Q: Who can request a red flag order?

A: A petition may be filed only by a law enforcement officer employed by a law enforcement agency (NMSA 1978 Section 40-17-5(A)); if the respondent is a law enforcement officer, the petition is filed by the district attorney or the attorney general. A "reporting party" may ask an officer to file. Under Section 40-17-2(H), a reporting party includes a spouse or former spouse, a parent, a present or former stepparent or parent-in-law, a grandparent or grandparent-in-law, a co-parent of a child, a child, a person with whom the respondent has or had a continuing personal relationship, an employer, or a public or private school administrator. On credible information giving probable cause, the officer must file a petition or, if declining, file a notice of declination with the county sheriff (Sections 40-17-5(C) and (D)).

Q: What happens if I'm subject to a red flag order?

A: You must relinquish all firearms in your possession, custody, or control to a law enforcement officer, a law enforcement agency, or a federal firearms licensee within forty-eight hours of service of the order, or sooner if the court directs (NMSA 1978 Section 40-17-10). The order also enjoins you from purchasing, receiving, or attempting to acquire firearms while it is in effect. A temporary order lasts until a hearing held within ten days (Section 40-17-6); after the hearing the court may issue a one-year order (Sections 40-17-2(F) and 40-17-7).

Miscellaneous

Q: Can I carry a suppressor in New Mexico?

A: Suppressors are regulated under federal law (the National Firearms Act, 26 U.S.C. Chapter 53). A suppressor lawfully registered under federal law may be possessed in New Mexico. New Mexico does not separately bar lawfully possessed NFA suppressors.

Q: What if I lose my CHL card?

A: Notify the Department of Public Safety within ten days if your license is lost, stolen, or destroyed (NMSA 1978 Section 29-19-6(D)). A lost, stolen, or destroyed license is invalid; you may obtain a duplicate by furnishing a notarized statement and paying a reasonable fee, and if the license was lost or stolen you must file a police report and include the case number in the statement (Section 29-19-6(E)).

Q: What if my CHL is denied?

A: The department denies an application on the ground that the applicant failed to qualify under the Concealed Handgun Carry Act (NMSA 1978 Section 29-19-6(A)(2)). Information about applicants and licensees is confidential and exempt from public disclosure absent a court order (Section 29-19-6(B)). The department adopts rules governing the grounds for suspension and revocation (Section 29-19-12(A)). Consult counsel about the available administrative and judicial review of a denial.

Q: What happens if I move out of New Mexico?

A: Residency is an issuance requirement (NMSA 1978 Section 29-19-4(A)(2)), and the department must suspend or revoke a license if the licensee did not satisfy the issuance criteria or later violates the Act (Section 29-19-6(I)). Notify the department of a change of name or permanent address within thirty days (Section 29-19-6(D)), and apply for a permit in your new state of residence.

Q: Are my firearm rights restored after a felony conviction?

A: Not automatically. Under NMSA 1978 Section 30-7-16, it is unlawful for a "felon" to possess a firearm (generally a third-degree felony), but that section defines a "felon" to exclude a person who has been pardoned, who has received a deferred sentence, or for whom more than ten years have passed since completing the sentence or probation. Federal firearm disabilities are separate; the federal relief-from-disabilities process is in 18 U.S.C. Section 925(c). Because the interaction of state and federal restoration rules is complex, consult an attorney before relying on any restoration.

Q: Where can I get reliable legal advice?

A: Consult a licensed New Mexico attorney with firearms-law experience. The State Bar of New Mexico's Lawyer Referral Service is one starting point. This guide is informational only and is not legal advice.