New Mexico does not have a single comprehensive statute that mandates how firearms must be stored in the home. There is no parental safe-storage or "child...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New Mexico does not have a single comprehensive statute that mandates how firearms must be stored in the home. There is no parental safe-storage or "child access prevention" law that imposes criminal liability on an adult merely for leaving a firearm where a minor could reach it. Instead, storage-related duties in New Mexico come from a few separate sources:
New Mexico imposes more limited statutory storage duties than some other states. The most important point for a license holder is that the legal standard for most storage situations is reasonable care, not a specific locked-container mandate.
Section 30-7-4 makes negligent use of a deadly weapon a petty misdemeanor. The statute defines the offense as:
The third clause is the one most relevant to storage. Leaving a loaded firearm where it is reasonably likely to be picked up by a child or another person who should not have it can amount to negligent handling. The statute does not prescribe any minimum storage method (no locked container, gun safe, or trigger lock is required by this section), so the duty is one of reasonable care under the circumstances. New Mexico courts apply ordinary negligence principles to the term "negligent" in this section.
By its own terms, paragraphs (1), (3), and (4) do not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of employment and who acts while lawfully carrying out official duties. That criminal exemption does not affect civil liability for the same conduct.
New Mexico does not punish an adult for negligent storage as such, but it does criminalize the minor's own possession. Under NMSA 1978 Section 30-7-2.2, it is a misdemeanor for a "person," defined as an individual who is less than nineteen years old, to knowingly possess or transport a handgun. The statute lists exceptions, including a hunter or handgun safety course, target shooting at an authorized range, organized competition, lawful hunting or trapping, traveling unloaded to or from those activities, and being on real property under the control of and supervised by a parent, grandparent, or legal guardian.
"Handgun" for this section means a pistol, revolver, or similar firearm with a barrel length not exceeding twelve inches. The practical effect is that careless storage that lets a minor obtain a handgun can expose the minor to criminal liability and can support a civil claim against the adult who failed to secure it, even though Section 30-7-2.2 itself does not charge the adult.
Federal law requires that a secure gun storage or safety device accompany the retail sale of a handgun. Under 18 U.S.C. Section 922(z), a licensed importer, manufacturer, or dealer may not sell, deliver, or transfer a handgun to a non-licensee unless the buyer is provided with a secure gun storage or safety device, as that term is defined in 18 U.S.C. Section 921(a)(34). This is an obligation on the seller, not a continuing storage mandate on the owner.
Section 922(z) also provides a related civil-liability protection: a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device with it is entitled to immunity from a qualified civil liability action arising from certain unauthorized uses by a third party. This is one reason a locking device or safe is worth using even though New Mexico does not require it.
A concealed handgun license holder is not subject to a special storage rule simply because of the license. The licensee is held to the same standard of reasonable care under Section 30-7-4 as anyone else. The eligibility standards for the license, found in NMSA 1978 Section 29-19-4, require among other things that the applicant not be otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm, which indirectly ties license eligibility to the federal prohibited-person rules discussed below. Practical compliance for a license holder includes:
Federally licensed dealers, manufacturers, and importers are subject to recordkeeping and business-conduct requirements administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives under regulations in 27 C.F.R. Part 478. Those rules govern licensed businesses, not the everyday storage choices of an individual gun owner. There is no broad federal statute requiring a private citizen to lock up firearms at home. The federal storage-related mandate that does apply to ordinary buyers is the point-of-sale device requirement in 18 U.S.C. Section 922(z) described above.
Firearms left in a vehicle are at heightened risk of theft, and a stolen firearm can later be used in a crime. New Mexico law does not impose a specific criminal penalty on a theft victim for leaving a firearm in a vehicle, but a person who leaves a firearm in plain view or unsecured may face civil exposure if it is stolen and misused. Reasonable care includes:
A concealed firearm carried lawfully in a private vehicle is itself permitted in New Mexico without a license, because NMSA 1978 Section 30-7-2(A)(2) allows carrying a concealed loaded firearm in a private automobile or other private conveyance for the lawful protection of the person or another's person or property.
The seven-calendar-day waiting period statute, NMSA 1978 Section 30-7-7.3, took effect on May 15, 2024. Although its title is "Unlawful sale of a firearm before required waiting period ends," it contains a short-term custody rule. Under subsection B, the firearm must remain in the custody of the seller or of the federal firearms licensee performing the federal instant background check during the entirety of the waiting period. This is a transitional rule that applies to a pending sale, not an ongoing storage duty. The statute lists exceptions, including sales to a buyer who holds a valid federal firearms license, sales to a buyer who holds a valid New Mexico concealed handgun license, sales to a law enforcement agency, certain sales between law enforcement officers, and sales between immediate family members. A violation is a misdemeanor.
A homeowner is not required by statute to store a firearm in any particular way while it is in the home and not accessible to people who should not have it. New Mexico law reflects that home possession is presumptively lawful: NMSA 1978 Section 30-7-2(A)(1) excepts from the concealed-carry prohibition carrying a concealed loaded firearm in the person's residence or on real property the person owns, leases, or otherwise lawfully occupies. The residence exception is paragraph (A)(1); paragraph (A)(2) is the separate private-vehicle exception.
A person who is subject to a qualifying domestic-violence protective order, or who has been convicted of a misdemeanor crime of domestic violence, is prohibited from possessing any firearm under 18 U.S.C. Section 922(g)(8) and (g)(9). New Mexico has a parallel state prohibition. Under NMSA 1978 Section 30-7-16, it is unlawful for a felon, a person subject to an order of protection issued pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978, or a person convicted of battery against a household member, criminal damage to the property of a household member, a first offense of stalking, or a crime listed in 18 U.S.C. Section 921 to receive, transport, or possess a firearm in New Mexico. A felon found in possession is guilty of a third degree felony.
A person who falls into any of these categories cannot lawfully store firearms in the household. The lawful course is to arrange a transfer of any firearms in the person's custody, typically to a federally licensed dealer or to a non-prohibited third party, for the duration of the prohibition.
Under the Extreme Risk Firearm Protection Order Act, NMSA 1978 Sections 40-17-1 to 40-17-13, a person who is the subject of an order must surrender firearms in his or her custody for the duration of the order, generally to a law enforcement agency, a federally licensed dealer, or another lawful recipient. The Act was enacted in 2020. See the Red Flag section of this guide for the procedure, the relinquishment requirements, and how firearms are returned when an order expires.
This section is general information, not legal advice. Storage questions that involve a protective order, a prohibited person in the household, or a possible criminal charge should be reviewed with a New Mexico attorney.
This page covers one part of our New Mexico concealed carry guide.
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