New Mexico Gun laws: What are the gun laws in New Mexico?
The gun laws in New Mexico are considered to be some of the most liberal gun laws in the nation. There are no outlawed weapons and there is no waiting period to purchase a gun, although convicted felons may not own firearms in the state.
Open carry in New Mexico
Residents are legally entitled to open carry in the state of New Mexico, and they can open carry a handgun even if they don't have a permit to carry a concealed firearm. It is common and legal in the state of New Mexico. There is a full state preemption on gun laws so local authorities cannot stop a person from carrying his/her firearm openly. However, residents are required to obtain a license to carry in liquor stores and other off-limit areas.
Carrying in vehicles
New Mexico doesn’t have gun laws that restrict carrying weapons in a car. Anyone can carry a loaded handgun in their cars with/without a permit in the state of New Mexico. A concealed handgun doesn't need to be hidden and can be displayed in an unlocked glovebox or console. Residents don't need a permit to carry their concealed weapons in their vehicle. However, local governments have the right to set their own laws on public places which include vehicles.
Notifying a police officer
The gun laws in New Mexico state that you are not required to inform a law enforcement officer of the firearm you are carrying when you are approached while on official business. You need to carry your permit in case you have a concealed handgun in your possession when an officer requests you to produce it.
Constitutional carry in New Mexico
The New Mexico gun laws don’t permit constitutional carry.
In New Mexico, residents are allowed to carry firearms into a restaurant whose primary business is to serve specific alcohol such as wine or beer. Establishments that sell hard liquor prohibit carrying firearms. Restaurants, in general, will enable you to bring firearms into restaurants as long as it's not at the bar area and also if the restaurant does not have a “no weapons” sign.
Enforcing the “no guns” sign in New Mexico
These signs are legally imposed under the gun laws in New Mexico, and if anyone disregards this sign when they enter private property or business, they are not subjected to legal penalties. It is advisable to avoid entering properties or establishments that display this sign and are considered off limit by the law. If a person refuses to leave the premises while carrying in such venues, that person is breaking the law and is at risk of being charged.
Possessing Machine Guns in New Mexico
In New Mexico, residents are allowed to possess a machine gun legally in compliance with all federal laws and regulations.
Unlawful removal of the serial number on the weapon
It is against the law to intentionally change, alter, remove or obliterate the serial number or identification number on any handgun. The possession of a gun with its marks altered, removed or destroyed creates a legal presumption that the possessor committed the offense.
It is prohibited to handle a firearm negligently
It is against the law to endanger the safety of another by handling or using a firearm in a negligent manner.
Carry while intoxicated is prohibited
It is against the law for a person to possess a handgun while under the influence of alcohol or any controlled substance regardless of whether he or she has a lawful permit to carry the handgun. An addict or habitual drunkard is prohibited from possessing any firearm.
Possession of firearms
There is no state permit required to possess a rifle, shotgun or handgun in the state of New Mexico.