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.