Transportation of firearms in New Mexico is governed by a combination of state and federal law. New Mexico has no single dedicated "transportation"...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Transportation of firearms in New Mexico is governed by a combination of state and federal law. New Mexico has no single dedicated "transportation" statute. The rules are drawn mainly from the state's deadly-weapon carry law, NMSA 1978 Section 30-7-2 (unlawful carrying of a deadly weapon), the prohibited-persons statute, NMSA 1978 Section 30-7-16, a handful of place-specific restrictions, and federal law, including the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Section 926A.
A key starting point is that New Mexico requires a license only to carry a handgun concealed. Open carry of a loaded firearm is generally lawful without a license for anyone who may legally possess a firearm, and unloaded firearms are not restricted by the carry statute. Under Section 30-7-2(B), nothing in the deadly-weapon statute prevents the carrying of any unloaded firearm.
A person who may lawfully possess a firearm may transport a handgun or long gun in a private vehicle in New Mexico without a permit. Section 30-7-2(A)(2) expressly exempts carrying in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. New Mexico courts have read this to allow a loaded firearm to be carried in a private vehicle. See the Vehicle Carry section for the detailed analysis.
The general offense in Section 30-7-2 is unlawful carrying of a concealed loaded firearm or other deadly weapon, which is a petty misdemeanor. The private-vehicle exception, the residence exception, the peace-officer exceptions, and possession of a valid New Mexico concealed handgun license issued under the Concealed Handgun Carry Act (Chapter 29, Article 19 NMSA 1978) are the listed exceptions to that offense.
Long guns (rifles and shotguns) may be transported in a private vehicle, in a residence, or between locations, loaded or unloaded, by any person who may lawfully possess them. New Mexico has no statute requiring that long guns be unloaded or cased while transported within the state. The concealed-carry restriction in Section 30-7-2 applies to a concealed loaded firearm; ordinary transport of a rifle or shotgun is not the kind of concealed personal carry the statute targets.
A traveler passing through New Mexico from a place where the traveler may lawfully possess and carry a firearm to another place where the traveler may lawfully possess and carry is protected by 18 U.S.C. Section 926A. Under that statute, a person who is not otherwise prohibited from transporting, shipping, or receiving a firearm is entitled to transport it for any lawful purpose, provided that during the transport:
The statute adds that in a vehicle without a separate compartment from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console. Section 926A applies "notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof," so it overrides conflicting state and local transport restrictions for a qualifying through-traveler. New Mexico's own transport rules are generally more permissive than the Section 926A minimum, so most through-travelers are fully covered by New Mexico law as well.
Section 926A protects transport between two places where the person may lawfully possess and carry. It is a defense to a charge that arises during the trip, not a blanket exemption from the laws of the origin or destination state.
Carrying a concealed, accessible dangerous weapon onto an aircraft is a federal crime under 49 U.S.C. Section 46505. Under that statute, an individual is subject to a fine and imprisonment for not more than 10 years if, when on or attempting to board an aircraft, the individual has a concealed dangerous weapon that is or would be accessible in flight, or has placed or attempted to place a loaded firearm on the aircraft in property not accessible to passengers in flight. Reckless or willful violations carry penalties up to 20 years, and longer if death results.
Section 46505(d) does not apply its accessible-weapon prohibition to an individual transporting a weapon (other than a loaded firearm) in baggage not accessible to passengers in flight if the air carrier was informed of the presence of the weapon. That carve-out is the legal basis for the standard checked-firearm process, which is administered through Transportation Security Administration (TSA) and air-carrier rules. The practical requirements are:
Bringing a firearm to a TSA checkpoint or into the secured area of a New Mexico airport, even unintentionally, can result in federal charges under Section 46505 and substantial TSA civil penalties. Always confirm the current TSA and airline policies before traveling.
Shipping firearms by common carrier is governed by federal law and each carrier's own policies. Under 18 U.S.C. Section 1715, pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable through the U.S. Postal Service for ordinary individuals; that statute applies to concealable handguns, not to ordinary long guns. Knowingly mailing a nonmailable concealable firearm is punishable by a fine or imprisonment for not more than two years. The statute contains narrow exceptions, including shipments to or between licensed manufacturers and bona fide dealers and certain official-duty shipments.
As a practical matter, individuals may ship long guns through private carriers such as UPS and FedEx subject to those carriers' policies, while handguns generally must move between federally licensed firearms dealers (FFLs). Always consult the current carrier policies before shipping any firearm.
Many New Mexico pueblos and tribal nations have their own firearms laws and exercise jurisdiction over their lands. Transport that is lawful under New Mexico law may be restricted or prohibited under tribal law. A New Mexico concealed handgun license has no effect on tribal land. Travelers should consult the specific tribal code before entering pueblo or tribal jurisdiction.
New Mexico has a specific transit restriction. Under NMSA 1978 Section 30-7-13, it is unlawful for any person, without prior approval from the company, to board or attempt to board a bus while in possession of a firearm or other deadly weapon that is readily accessible to the person while on the bus. A violation is a misdemeanor. The restriction does not apply to duly elected or appointed law enforcement officers or to commercial security personnel in the lawful discharge of their duties. A separate statute, NMSA 1978 Section 30-7-12, makes seizing control of a bus by force or threat a felony, but that is a hijacking offense, not a transport rule for ordinary passengers.
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. The covered persons include a felon (as defined in the statute), a person subject to an order of protection under Section 40-13-5 or 40-13A-5 NMSA 1978, and a person convicted of battery against a household member, criminal damage to property of a household member, a first offense of stalking, or a crime listed in 18 U.S.C. Section 921.
The penalties differ by category. Under Section 30-7-16(B), a felon found in possession of a firearm is guilty of a third degree felony. Under Section 30-7-16(C), a serious violent felon found in possession of a firearm is guilty of a third degree felony and must be sentenced to a basic term of six years imprisonment. Under Section 30-7-16(D), a person subject to a qualifying order of protection, or convicted of one of the listed misdemeanor crimes, who receives, transports, or possesses a firearm or destructive device is guilty of a misdemeanor. New Mexico courts have held that the statute can be violated by transporting alone, even without proof of ownership or other possession.
Separately, federal law in 18 U.S.C. Section 922(g) prohibits possession or transport of firearms and ammunition by an independent list of categories, including persons convicted of a crime punishable by more than one year of imprisonment, fugitives from justice, unlawful users of controlled substances, persons adjudicated mentally defective or committed to a mental institution, certain aliens, persons dishonorably discharged from the armed forces, persons who have renounced U.S. citizenship, persons subject to certain domestic-violence protective orders, and persons convicted of a misdemeanor crime of domestic violence. The federal list in Section 922(g) does not include persons merely under indictment; that separate restriction on receipt by a person under indictment appears in Section 922(n). Transport by a prohibited person is a distinct offense even when the transport otherwise complies with vehicle-carry rules.
NMSA 1978 Section 30-7-2.1 makes it a fourth degree felony to carry a deadly weapon on school premises, subject to listed exceptions. "School premises" is defined broadly to include buildings, grounds, playing fields, parking areas, and any school bus of a public elementary, secondary, junior high, or high school, as well as certain other public buildings and grounds used for sanctioned school activities.
One of the listed exceptions, Section 30-7-2.1(A)(5), applies to a person older than nineteen years of age who is on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. A driver who is over nineteen and keeps a firearm in a private vehicle while passing through or parked in a school parking area generally falls within this exception. The exception is age-limited and tied to the private vehicle, so it does not authorize carrying a deadly weapon out of the vehicle and onto school grounds. Higher-education campuses may set their own additional policies.
People moving residences within New Mexico may transport personal firearms in their own vehicles or rented moving trucks without any special procedure, subject to the general carry and prohibited-person rules above. Moving across state lines is governed by FOPA (18 U.S.C. Section 926A) and the laws of the destination state. Some destination states have restrictive registration, permit, or reporting requirements. A New Mexico concealed handgun license has no effect on those out-of-state requirements, so confirm the destination state's law before moving.
This page covers one part of our New Mexico concealed carry guide.
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