New Mexico requires a license to carry a handgun concealed. The governing law is the Concealed Handgun Carry Act, NMSA 1978 Chapter 29, Article 19 (Sections...
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New Mexico requires a license to carry a handgun concealed. The governing law is the Concealed Handgun Carry Act, NMSA 1978 Chapter 29, Article 19 (Sections 29-19-1 through 29-19-15). New Mexico is not a permitless (constitutional) concealed-carry state for handguns. Open carry of a loaded firearm and the carrying of an unloaded firearm are handled differently and are generally lawful for people who may legally possess a firearm. See the "What the License Does and Does Not Cover" section below.
The New Mexico Department of Public Safety (DPS) issues the New Mexico Concealed Handgun License (CHL). The statute refers to DPS simply as "the department." DPS is authorized to issue licenses to qualified applicants and to promulgate the rules that implement the Act. See NMSA 1978 Section 29-19-3 (authorization to issue) and Section 29-19-12 (rulemaking authority).
DPS also publishes minimum standards for approved firearms training courses, and every instructor of an approved course must file a copy of the course description and proof of certification with the department each year. See Section 29-19-7(A) and (B).
New Mexico is a shall-issue state. Under NMSA 1978 Section 29-19-4(A), the department shall issue a concealed handgun license to an applicant who meets the listed qualifications, including completion of an approved firearms training course under Section 29-19-7. There is no good-cause requirement, no demonstration of need, and no discretionary suitability review beyond the statutory qualifications and disqualifiers.
After receiving a completed application and the results of a national criminal background check, the department has thirty days to either issue the license or deny the application on the ground that the applicant failed to qualify. See Section 29-19-6(A).
An original or renewed New Mexico concealed handgun license is valid for four years from the date of issuance, unless it is suspended or revoked. See NMSA 1978 Section 29-19-3.
Two special categories carry a longer term. A retired law enforcement officer's license is printed "retired police officer" and is valid for five years (Section 29-19-14(F)). A qualifying military service person's license is printed "military service person" and is valid for five years (Section 29-19-15(C)).
The minimum age to apply is 21 years. See Section 29-19-4(A)(3). New Mexico does not issue concealed handgun licenses to applicants under 21.
To qualify, an applicant must be a citizen of the United States (Section 29-19-4(A)(1)) and must be a resident of New Mexico, a member of the armed forces whose permanent duty station is in New Mexico, or a dependent of such a member (Section 29-19-4(A)(2)). The application requires proof of New Mexico residency and, for applicants not born in the United States, a certified birth certificate or proof of United States citizenship. See Section 29-19-5(B)(6) and (7).
A New Mexico CHL authorizes the licensee to carry a concealed handgun of the category and up to the largest caliber the licensee qualified on during the approved training course. Under the Act, "category" means whether a handgun is semiautomatic or not semiautomatic, and "caliber" means the diameter of the bore. See Section 29-19-2(C) and (B).
The license itself states the category and the largest caliber the licensee is allowed to carry, along with a statement that the licensee may also carry smaller-caliber handguns but shall carry only one concealed handgun at any given time. See Section 29-19-6(C)(4). An applicant who wants to be licensed for a larger caliber or a different category must complete the approved training for that category and largest caliber. See Section 29-19-4(A)(10).
A "handgun" under the Act is a firearm with a barrel length that does not exceed twelve inches. See Section 29-19-2(F).
There is a single general class of CHL in New Mexico. There is no separate "standard" versus "enhanced" license, and there is no separate non-resident license category, because residency in New Mexico (or qualifying military status) is itself a condition of eligibility. The retired-law-enforcement and military-service-person licenses described above are not different privilege levels; they are the same carry authority with statutory fee, training, and term differences.
A CHL is a license to carry concealed. It is not a blanket exemption from other firearm laws. The license does not authorize:
A CHL holder must keep the license in possession at all times while carrying a concealed handgun. See Section 29-19-9.
For context on carry without a license: carrying a concealed loaded firearm is unlawful except in limited cases, including by a valid CHL holder, in the person's own residence or on real property the person owns or lawfully occupies, or in a private automobile or other private conveyance for lawful protection. Carrying an unloaded firearm is not prohibited by that statute. See Section 30-7-2(A) and (B). The basic offense of unlawful carrying of a deadly weapon is a petty misdemeanor (Section 30-7-2(C)).
Under NMSA 1978 Section 29-19-4(A), the department issues a license only to an applicant who, among the other qualifications already listed, is not a fugitive from justice, has not been convicted of a felony in any jurisdiction, 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, and is not addicted to alcohol or controlled substances. See Section 29-19-4(A)(4) through (A)(9).
Separately, Section 29-19-4(B) directs the department to deny a license to an applicant who:
A pardoned felony conviction is not, by itself, sufficient grounds to deny a license to an otherwise qualified applicant. See 2014 Op. Att'y Gen. No. 14-02 (cited in the annotations to Section 29-19-4). New Mexico courts have held that a deferred sentence does not erase the underlying conviction for purposes of the Act. See Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050.
Independent of the licensing rules, New Mexico law makes it unlawful for certain people to receive, transport, or possess a firearm at all, including a felon (as defined in the statute), a person subject to an order of protection under Section 40-13-5 or 40-13A-5, and a person convicted of certain household-member or stalking offenses. A felon found in possession of a firearm is guilty of a third degree felony. See Section 30-7-16. Federal law separately bars possession by the categories listed in 18 U.S.C. Section 922(g) (for example, felons, fugitives, unlawful drug users, and persons adjudicated mentally defective or committed to a mental institution). A federal prohibition on a person under indictment is found in 18 U.S.C. Section 922(n), not Section 922(g).
A New Mexico CHL has two practical effects at the point of a firearm purchase:
The license is issued as a card that includes the licensee's photograph, name, address, and date of birth; the expiration date; and the category and largest caliber the licensee may carry. See Section 29-19-6(C). A licensee must notify the department within thirty days of a change of name or permanent address and within ten days if the license is lost, stolen, or destroyed. A lost, stolen, or destroyed license is invalid, and the licensee may obtain a duplicate by submitting a notarized statement and paying a reasonable fee (and, if lost or stolen, filing a police report). See Section 29-19-6(D) and (E).
The department shall suspend or revoke a license if the licensee provided false information on the application or renewal form, did not satisfy the criteria for issuance at the time the license was issued, or violated a provision of the Concealed Handgun Carry Act after receiving the license. See Section 29-19-6(I).
This page covers one part of our New Mexico concealed carry guide.
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