This section covers topics that do not fit cleanly into the other categories but are still important for New Mexico concealed handgun license (CHL)...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
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:
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.
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 violation is a misdemeanor.
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:
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).
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.
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 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.
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.
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.
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.
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.
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:
The New Mexico Department of Game and Fish regulates hunting, including the use of firearms for hunting. Key points:
Always confirm current rules in the New Mexico hunting proclamation for the season and species you intend to hunt.
New Mexico law increases penalties when a firearm is used in connection with a crime. The figures below come directly from the statutes.
Possible pathways to restore firearm rights include:
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.
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:
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.
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.
The refresher training required to renew a New Mexico CHL is a minimum, not a ceiling. Many active CHL holders pursue additional training, including:
Quality training well beyond the statutory minimum is valuable for anyone who may rely on a firearm in a defensive situation.
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.