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New Mexico State Law Summary
Last updated August 22, 2006.
 
 

Article II, § 6 of the New Mexico Constitution provides:

No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

In State v. Rivera, 853 P.2d 126 (N.M. Ct. App. 1993), the Court of Appeals of New Mexico held that regulations that are reasonably related to the public health, welfare and safety do not violate art. II, § 6. The court found that N.M. Stat. Ann. § 30-7-4, which criminalizes negligent use of a deadly weapon, was a reasonable use of the state’s police power and did not violate the state constitution. Rivera, 853 P.2d at 129.

Similarly, in State v. Dees, 669 P.2d 261, 264 (N.M. Ct. App. 1983), the court of appeals rejected an art. II, § 6 challenge to section 30-7-3, prohibiting the carrying of a firearm into a licensed liquor establishment. The court found that section 30-7-3 is "not an infringement upon the right to bear arms." Dees, 669 P.2d at 264.

Conversely, in City of Las Vegas v. Moberg, 485 P.2d 737 (N.M. Ct. App. 1971), the court of appeals held that a local ordinance banning the carrying of all firearms, concealed or unconcealed, violated art. II, § 6. In Moberg, the court distinguished between laws that merely regulate the carrying of firearms, and laws that completely prohibit the carrying of firearms. Id. at 738. The court stated that a law prohibiting the carrying of concealed firearms is a permissible regulation of art. II, § 6. The ordinance at issue, however, prohibited the carrying of all firearms and was therefore a violation of art. II, § 6. Id.

See also United States v. Romero, 484 F.2d 1324, 1327 (10th Cir. 1973), in which the court stated, in dicta, that the right conferred under art. II, § 6 is not absolute and is subject to reasonable regulation.

In 2004, the Supreme Court of New Mexico interpreted the meaning of the last phrase of the first sentence of art. II, § 6, which reads "nothing herein shall be held to permit the carrying of concealed weapons." State ex rel. New Mexico Voices for Children, Inc. v. Denko, 2004-NMSC-11, 135 N.M. 439, 90 P.3d 458. The court upheld a statute allowing license holders to carry concealed handguns (section 29-19-4 et seq.), rejecting the argument that the phrase prohibits the carrying of concealed weapons. Id. at ¶¶ 5-13. The court held:

The [New Mexico] Constitution neither forbids nor grants the right to bear arms in a concealed manner. Article II, section 6 is a statement of neutrality, leaving it to the Legislature to decide whether, and how, to permit and regulate the carrying of concealed weapons.

Id. at ¶ 8.

See the New Mexico Preemption Section for cases that have analyzed the preemptive effect of art. II, § 6.

The police power of municipalities and counties in New Mexico is limited in the area of firearms regulation. The following sentence was added to N.M Const. art. II, § 6 in 1986: "No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

In Baca v. New Mexico Dept. of Public Safety, 2002-NMSC-017, 132 N.M. 282, 47 P.3d 441, the Supreme Court of New Mexico held that New Mexico Statutes § 29-18-11(D) (subsequently repealed), which delegated authority to local governments to disallow the carrying of concealed handguns, violated art. II, § 6. According to the supreme court, art. II, § 6 indicates the state’s intent to have uniform firearms regulation throughout the state, rather than piecemeal local regulation. Baca, 2002-NMSC-017, ¶ 6. The court concluded that the manner in which a person bears a weapon is an "incident of the right to keep and bear arms" under art. II, § 6. Id. at ¶ 7.

The only other interpretation of the preemptive effect of art. II, § 6 is set forth in an opinion of the Attorney General. The Attorney General has opined that prior to the adoption of the last sentence in art. II, § 6 in 1986, local governments had police power authority to enact reasonable firearms regulations, but that art. II, § 6 removed that authority. Op. Att’y Gen. No. 90-07 (1990), 1990 N.M. AG LEXIS 5. Further, the opinion defines an art. II, § 6 "‘incident’ of the right to bear and keep arms" to include the transfer of weapons. Id. at *4-*5.

The provisions of New Mexico’s Sport Shooting Range Act (N.M. Stat. Ann. § 17-8-1 et seq.) "shall not prohibit" a local government from regulating the location and construction of sport shooting ranges after July 1, 2002. Section 17-8-5.

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

 
Assault Weapons

No relevant statutes currently exist.
Background Checks (Brady Law)

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In New Mexico, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, New Mexico has incorporated a federal prohibition as a state offense: New Mexico Statutes Annotated § 30-7-16 prohibits a person convicted of a felony in any state or federal court from receiving, transporting or possessing any firearm within ten years of completing a sentence or probation.

Section 30-22-12 prohibits any person from intentionally giving to another person in lawful custody or confinement any deadly weapon without the express consent of the officer in charge. New Mexico also prohibits an inmate of a penal institution, reformatory, or prison farm or ranch from possessing a deadly weapon. Section 30-22-16.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply. See the New Mexico Private/Secondary Sales section.
Ballistic Fingerprinting

No relevant statutes currently exist.
Carrying Firearms

Open Carrying/Exposed Firearms

New Mexico's statutes do not prohibit open or concealed carrying of firearms except in the following locations:

  • On school premises, unless the person is conducting or participating in a school-approved activity involving the carrying a firearm, or the person is older than nineteen and is carrying the firearm in a private vehicle for lawful protection. N.M. Stat. Ann. § 30-7-2.1;

  • On university premises, unless the person is conducting or participating in a university-approved activity involving the carrying a firearm, or the person is older than nineteen and is carrying the firearm in a private vehicle for lawful protection. Section 30-7-2.4;

  • In an establishment licensed to serve alcohol, with certain exceptions. Section 30-7-3;

  • On buses without prior approval from the bus company, unless the firearm is not readily accessible while on the bus. Section 30-7-13;

  • Within or upon any game refuge, unless the person is crossing the refuge over a public road or trail with the firearm unloaded, or the director of the refuge granted the person a permit. Section 17-2-12;

  • In the confines of a county or municipal jail. Section 30-22-14(B);

  • On the grounds of a designated adult correctional institution. Section 30-22-14(A); and

  • On the grounds of a designated child detention or correctional facility. Section 30-22-14.1.

In addition, New Mexico's state agencies have issued administrative regulations that prohibit the carrying of firearms in the following locations:

Local court rules may prohibit firearms in courthouses. See, e.g., 13th Jud. Dist. R. 210.

New Mexico Statutes Annotated § 30-7-4(A)(2) prohibits the carrying of a firearm while under the influence of an intoxicant or narcotic.

Transportation of Firearms

It is a misdemeanor to board or attempt to board a bus while in possession of a readily accessible firearm, unless prior approval has been granted by the bus company. N.M. Stat. Ann. § 30-7-13. A person may, however, transport a firearm on a bus in accordance with regulations established by the bus company if the firearm is in a compartment not accessible to passengers while the bus is moving. Section 30-7-15. The term “bus” is defined as "any passenger bus, coach or other motor vehicle having a seating capacity of not less than fifteen passengers operated by a bus transportation company when used for the purpose of carrying passengers or cargo for hire." Section 30-7-11.

No person, except an on-duty law enforcement officer, may possess a weapon while operating a state-owned motor vehicle. N.M. Code R. § 1.5.3.14.

A person may not transport loaded guns or other deadly weapons while operating as a motor carrier subject to the jurisdiction of the New Mexico Public Regulation Commission. N.M. Code R. § 18.3.2.25.

Concealed Weapons Licensing Requirements

New Mexico is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. N.M. Stat. Ann. § 29-19-4. Pursuant to section 29-19-4(A), the New Mexico Department of Public Safety ("DPS") must issue a license to an applicant who:

  • Is a United States citizen;

  • Is a New Mexico resident or member of the armed forces permanently stationed in New Mexico;

  • Is twenty-one years of age or older;

  • Is not a fugitive from justice;

  • Is not a convicted felon or under a felony indictment;

  • Is not otherwise prohibited by law 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 a firearms training course.

Pursuant to section 29-19-4(B), DPS must deny a concealed weapons license to an applicant who:

  • Has received a conditional discharge, a diversion or a deferment, or has been convicted or plead guilty to or plead no contest to a misdemeanor involving a crime of violence within the preceding 10 years;

  • Has been convicted of a misdemeanor offense involving driving while intoxicated in the preceding five years;

  • Has been convicted of a misdemeanor offense involving possession or abuse of a controlled substance within the preceding 10 years; or

  • Has been convicted of misdemeanor assault, battery, or battery against a household member.

A person who carries a concealed, loaded firearm without a license commits a petty misdemeanor.  Section 30-7-2.  However, this section does not apply to a person who carries a firearm on her/his own property or to a person who carries a firearm in a private vehicle for the purpose of lawful protection. Id.

An applicant for a concealed handgun license shall submit a non-refundable $100 application fee. N.M. Code R. § 10.8.2.12(G). Additional concealed handguns license application requirements, as well as license suspension and revocation information, are detailed in N.M. Stat. Ann. §§ 29-19-4 - 29-19-7; N.M. Code R. §§ 10.8.2.11-15, 10.8.2.21, 10.8.2.26.

          Disclosure or Use of Information

Information regarding the licensee received by DPS or any law enforcement department is confidential and exempt from public disclosure in the absence of a court order to disclose the information. N.M. Stat. Ann. § 29-19-6(B). The information shall be made available by the department to a state or local law enforcement agency upon request by that agency. Id.

          Duration & Renewal

Concealed handgun licenses are valid for four years from the date of issuance unless suspended or revoked. Section 29-19-3. A license may be renewed anytime until 60 calendar days after the license expires, provided that the licensee completes a four-hour refresher firearms training course prior to filing the application, and pays a $75 renewal fee. Section 29-19-6(F), (G).

          Location Limits

Concealed handgun licensees in New Mexico may not carry a concealed handgun:

  • In an establishment licensed to serve alcohol, with certain exceptions. Section 30-7-3;

  • On buses without prior approval from the bus company, unless the firearm is not readily accessible while on the bus. Section 30-7-13;

  • Within or upon any game refuge, unless the person is crossing the refuge over a public road or trail with the firearm unloaded, or the director of the refuge granted the person a permit. Section 17-2-12;

  • In the confines of a county or municipal jail. Section 30-22-14(B);

  • On the grounds of a designated adult correctional institution. Section 30-22-14(A); and

  • On the grounds of a designated child detention or correctional facility. Section 30-22-14.1.

New Mexico's state agencies have issued administrative regulations that prohibit the carrying of firearms:

Concealed handgun licensees may not carry a concealed handgun on school premises, unless the person is conducting or participating in a school-approved activity involving the carrying the firearm, or the person is older than age 19 and is carrying the firearm in a private vehicle for lawful protection. Section 29-19-8(B) (referring to section 30-7-2.1).

Concealed carrying is also prohibited on university premises, unless the licensee is conducting or participating in a university-approved activity involving the carrying a firearm, or the person is older than age 19 and is carrying the firearm in a private vehicle for lawful protection. Section 30-7-2.4.

Licensees may not carry a concealed handgun on the premises of a preschool. Section 29-19-8(C). A concealed handgun license is also not valid in a courthouse unless authorized by the presiding judicial officer per section 29-19-11, or on tribal land, "unless authorized by the governing body of an Indian nation, tribe or pueblo," per section 29-19-10.

A licensee may not carry a concealed handgun on private property where signs are posted prohibiting the carrying of concealed weapons, or when verbally told so by a person lawfully in possession of the property. N.M. Code R. §§ 10.8.2.16(E); 10.8.2.27. See N.M. Stat. Ann. § 29-19-12(E) (specifically granting DPS authority to issue this rule).

Section 29-19-8(A) states that nothing in the Concealed Handgun Carry Act [sections 29-19-1 - 29-19-14] shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.

         Reciprocity

Section 29-19-12 grants DPS discretionary authority to recognize concealed handgun licenses issued by other states under certain conditions. See also N.M. Code R. § 10.8.2.29 (reiterating this authority). DPS maintains a list of the states whose concealed handgun licenses New Mexico recognizes at the Department's website.

         Brady Exemption

Concealed weapons permit holders in New Mexico are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
Child Access Prevention

No relevant statutes currently exist.

A regulation of the New Mexico Children, Youth and Families Department requires all weapons owned or acquired by a foster family to be stored and locked with ammunition stored separately. N.M. Code R. § 8.27.3.11. Another regulation of that Department requires certain other facilities that provide children's services to keep firearms secure from children. N.M. Code R. § 7.8.3.91.
Dealer Regulations / Permitting

New Mexico does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the New Mexico Private/Secondary Sales section for further information. Pursuant to the federal Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the New Mexico Background Checks section.
Gun Shows

No relevant statutes currently exist.
Immunity Statute

The use or operation of a sport shooting range may not be enjoined as a nuisance on the basis of noise or noise pollution by any person who acquires an interest in real property adversely affected by the normal operation and use of a range that began operating prior to the time the person acquired the interest in real property. N.M. Stat. Ann. § 17-8-4(B).

Furthermore, the use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution:

  • If the range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation at the time that the initial operation of the range commenced;

  • Due to changes made to noise control statutes, rules or ordinances that apply to the range and its operation, if the changes take effect after the initial operation of the range commenced; or

  • If noise control statutes, rules or ordinances were not in effect at the time that the original operation of the range commenced.

Section 17-8-4(A).

The provisions of the Sport Shooting Range Act (N.M. Stat. Ann. § 17-8-1 et seq.) do not apply:

  • To recovery for an act or omission relating to recklessness, negligence, wanton misconduct or willful misconduct in the operation or use of a sport shooting range;

  • To a nuisance action on the basis of trespass involving the operation or use of a sport shooting range;

  • To the operation or use of a sport shooting range that substantially and adversely affects public health or public safety; or

  • If there has been a substantial change in the primary use of a sport shooting range.

Section 17-8-6.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
Junk Guns / Saturday Night Specials

New Mexico does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), New Mexico’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Unfair Practices Act, N.M. Stat. Ann. § 57-12-13. For details, view the Center’s report, Targeting Safety.
Large Capacity Ammunition Magazines

No relevant statutes currently exist.
Licensing of Gun Purchasers / Owners

No relevant statutes currently exist.
Locking Devices

No relevant statutes currently exist. See the New Mexico Child Access Prevention section for safe firearm storage requirements in foster and other child care facilities.
Minimum Age to Purchase / Possess

Persons under the age of nineteen are guilty of a misdemeanor if they knowingly possess or transport a handgun in New Mexico. N. M. Stat. Ann. § 30-7-2.2. Exceptions to the prohibition are provided for those:

  • Attending a hunter or handgun safety course;

  • Target shooting at an authorized shooting range or an area where the discharge of a handgun without legal justification is not prohibited by law;

  • Competing in an organized handgun competition;

  • Participating in or practicing for a performance by a 26 U.S.C. § 501(c)(3) organization;

  • Legally hunting or trapping;

  • Traveling with an unloaded handgun to or from an activity listed above;

  • Possessing a handgun on real property under the control and supervision of the parent, grandparent or guardian of the individual.

There is no minimum age to possess rifles and shotguns in New Mexico.

Persons under the age of eighteen are guilty of a petty misdemeanor if they hunt with or shoot a firearm unless they are carrying a certificate indicating successful completion of a state-approved hunter training course. Section 17-2-33.
One-Gun-Per-Month

No relevant statutes currently exist.
Personalized / Smart Guns

No relevant statutes currently exist.
Secondary / Private Sales

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in New Mexico, although federal and state purchaser prohibitions still apply.  See the New Mexico Background Checks section.
Registration of Guns

No relevant statutes currently exist.
Waiting Period

No relevant statutes currently exist.

      Deaths and Injuries

In 2003, 326 people died from firearm-related injuries in New Mexico. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2002, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

      Federally Licensed Firearms Dealers

In 2001, there were 983 federally licensed firearms dealers in New Mexico. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, Firearms Commerce in the United States, 2001-2002, Exhibit 13 (2001).

      Registered Machine Guns

In 2000, 2,964 machine guns were registered in New Mexico pursuant to the National Firearms Act. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, Firearms Commerce in the United States, 2001-2002, Exhibit 9 (2001).

Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division (AZ, CO, NM, UT, WY)

New Mexico Office of the Attorney General
 

New Mexico Voices for Children
 

New Mexico Coalition Against Domestic Violence

 

New Mexico Public Health Association

 
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