NM: State Firearms Laws

NEW MEXICO
(As of July, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale and
(in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control Act of
1968 as amended by the Firearms Owners' Protection Act. Also,
cities and localities may have their own firearms ordinances in
addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting
the State Laws and Published Ordinances_Firearms, available from
the U.S. Government Printing Office, Washington, D.C. 20402.

QUICK REFERENCE CHART

                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO
Registration of Firearms NO             NO
Licensing of Owners      NO             NO
Permit to Carry          NO             N/A*

*The carrying of concealed weapons is forbidden in New Mexico.
There is no statutory provision for obtaining a license or permit
to carry a concealed firearm.

STATE CONSTITUTIONAL PROVISION

     "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." Article II, Section 6.

POSSESSION

     No state permit is required to possess a rifle, shotgun or
handgun.

     It is unlawful, without prior approval from the bus company,
to board or attempt to board a bus while in possession of a
firearm upon the "person or effects" and readily accessible while
on the bus. This does not apply to duly elected or appointed law
enforcement officers or commercial security personnel in the
lawful discharge of their duties.

     It is unlawful for a felon to receive, transport, or possess
a firearm.  Felon is defined as "a person who has been convicted
in the preceding ten years by a court of the United States or of
any state or political subdivision thereof to a sentence of death
or one or more years imprisonment and has not been pardoned of
the conviction by the appropriate authority."

     It is unlawful for a person under 19 to possess or transport
a handgun, except when the person is: (1) attending a hunter's or
handgun safety course; (2) engaged in target shooting or in
organized competition; (3) legal hunting or trapping; (4)
participating in or practicing for a performance by a nonprofit
organization formed under I.R.S. Code  501(c)(3); (5) traveling
with an unloaded handgun to or from legalized activities; (6) on
real property under the control of the under 19 person's parent,
grandparent, or guardian and while under their supervision.

MISCELLANEOUS

     It is unlawful to endanger the safety of another by handling
or using a firearm in a negligent manner.

     It is unlawful to discharge a firearm within 150 yards of an
inhabited dwelling or building without the permission of the
owner or lessee.

     No person under 18 years of age may hunt with a firearm
unless he carries a certificate indicating that he has
successfully completed the New Mexico hunter training course or
the hunter training course of another state which is approved by
the New Mexico Department of Game and Fish.

     No person shall operate a snowmobile having a firearm in his
possession unless it has no round in the chamber, with the action
closed.

     When a finding of fact is made that a firearm was used in a
commission of a felony, the basic sentence for the offense shall
be increased by one (1) year, and the sentence imposed shall be
the first year served and shall not be suspended or deferred. For
a second or subsequent felony in which a firearm is used, the
penalty shall be increased by three (3) years, and the sentence
imposed shall be the first three years served and shall not be
suspended or deferred.

PURCHASE

     No state permit is required to purchase a rifle, shotgun or
handgun.

CARRYING

     It is unlawful to carry a concealed loaded handgun on the
person or in close proximity thereto so that the handgun is
readily accessible for use. This does not apply to: 1) carrying
in a person's residence or on real property belonging to him as
an owner, lessee, tenant or licensee; 2) carrying in a private
automobile or other private means of conveyance, for lawful
protection of person or property; or 3) carrying by a peace
officer in the lawful discharge of his duties.

     It is lawful to carry an unloaded firearm.

     It is lawful to carry a loaded rifle or shotgun in a private
automobile or other private means of conveyance, for lawful
protection of person or property.
     It is unlawful to carry a deadly weapon on school premises,
grounds, school bus, or any public building or grounds where
school-related and sanctioned activities are performed. 
Exceptions include a person older than 19 in a private means of
conveyance for lawful protection of person or property, safety or
military instruction, or any school approved program involving
the carrying of a deadly weapon.

     No person shall carry a loaded or unloaded firearm in an
establishment licensed by the Department of Alcohol Beverage
Control for the dispensing of alcoholic beverage except 1) a law
enforcement officer in the lawful discharge of his duties; 2) the
owner, lessee, tenant, or operator of the licensed premise or
their agents, including privately employed security personnel
during the performance of their duties; 3) by a person in that
area of the licensed premise usually and primarily rented on a
daily or short term basis for sleeping or residential occupancy,
including motel or hotel rooms; or 4) by a person on that area of
the licensed premise used primarily for vehicular traffic or
parking.

     No person shall carry a firearm while under the influence of
drugs or alcohol.

ANTIQUES AND REPLICAS

     New Mexico statutes are silent on antique and replica
firearms. They are treated as ordinary firearms for possession
and carrying purposes.

MACHINE GUNS

     It is lawful to possess a machine gun that is legally
registered and possessed in compliance with all federal laws and
regulations.


CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action   

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Association Institute for Legislative Action, Fairfax, VA.

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