Gun laws in New Mexico regulate the sale, possession, and use of firearms and ammunition in the state of New Mexico in the United States.
| Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
|---|---|---|---|---|
| State permit to purchase? | No | No | ||
| Firearm registration? | No | No | ||
| "Assault weapon" law? | No | No | ||
| Owner license required? | No | No | ||
| Carry permits issued? | No | Yes | NMSA 29–19–4 | Shall-issue, with completion of 15-hour handgun safety course that includes live-fire instruction. Permit required to carry concealed loaded firearm. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle. |
| NFA weapons restricted? | No | No | ||
| Castle Doctrine law? | No | No | No statutory protection from lawsuits arising from the use of lethal force in self-defense | |
| "Opt-Out" statute? | Yes | Yes | NMSA 29–19–12; NMSA 30–14–6 | Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. |
| Peaceable journey laws? | No | No | Federal rules observed. |
New Mexico laws governing the possession and use of firearms[1][2] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".[3]
New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "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."[4]
New Mexico is a "shall issue" state for the concealed carry of handguns, and permits the open carry of loaded firearms.[5] An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.[6]
New Mexico recognizes concealed carry permits issued by 19 other states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wyoming.[6][7]
Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, school, or restaurant that serves hard alcohol. Carry is allowed in restaurants that serve beer and/or wine however.[8] carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (i.e. Grocery store, gas station, liquor store) is legal (note that "open carry" is expressly disallowed in this case[9]). The state also has an "opt-out" statute, allowing home and business owners the ability to legally forbid firearms on their property and/or in their buildings with appropriately displayed signage stating such prohibition.
New Mexico has an "extended domain" law, which means that a person's vehicle (including motorcycles and bicycles) is considered an extension of their home. It is therefore legal to carry a loaded firearm without a permit, openly or concealed, anywhere in a vehicle.[10][11] On foot, no permit is required to carry a firearm unless it is both loaded and concealed.
Concealed carry of an unloaded firearm is legal without a permit in New Mexico, however the same restrictions that apply to openly carried firearms apply. Persons under age 19 cannot carry in this manner unless traveling to certain sporting, recreational or training events as defined in law or on property controlled by parents, grandparents or guardians and under their supervision.[3]
New Mexico currently lacks a "Castle Doctrine" law, and those who lawfully use lethal force in self-defense are not protected by statute from potential lawsuits by the aggressor and/or his or her surviving relatives.
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