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.