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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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:
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.
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."
Any private citizen who wants to carry a loaded handgun concealed on or about the person in New Mexico must hold:
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.
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.
Section 29-19-4 sets the qualifications. The Department of Public Safety must issue a CHL to an applicant who:
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.
Section 29-19-7 sets the training standard. An approved firearms training course must:
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.
Under Section 29-19-5, an applicant submits a completed application (executed under penalty of perjury) along with:
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.
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:
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."
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)).
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.
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).
Even without a CHL, a person may carry a concealed loaded handgun in these situations listed in Section 30-7-2(A):
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.
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.
Holding a CHL does not authorize carry everywhere. Key limits:
This page covers one part of our New Mexico concealed carry guide.
Read the complete New Mexico guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.