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.