New Mexico Gun Laws
Gun Laws Overview
RIFLES & SHOTGUNS | HANDGUNS | |
---|---|---|
Permit to Purchase | No | No |
Registration of Firearms | No | No |
Licensing of Owners | No | No |
Permit to Carry | No | Yes |
The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. RECIPROCITY NOTES: New Mexico honors North Dakota Class 1 Licenses and South Dakota Enhanced Licenses Only. |
STATE STATUS | |
---|---|
Castle Doctrine | No Law |
No-Net Loss | No Legislation |
Right to Carry Confidentiality | Provisions Enacted |
Right to Carry in Restaurants | Partial Ban |
Right To Carry Laws | Shall Issue |
Right To Carry Reciprocity and Recognition | Conditional Recognition |
Right to Keep & Bear Arms State Constitutional Provisions | With Provisions |
Laws on Purchase, Possession and Carrying of Firearms
Antiques and replicas
New Mexico statutes generally treat antique firearms as ordinary firearms for possession and carrying purposes. The state law on persons who are prohibited from possessing firearms defines “firearm” as “any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon.” N.M. Stat. Ann. § 30-7-16(D)(4). However, the background check law on firearm sales, N.M. Stat. Ann. § 30-7-7.1, excludes an “antique firearm” as defined in federal law, 18 U.S.C. § 921(16). The waiting period law (effective May 2024) does not apply to sales and purchases of an “antique” firearm as defined in federal law, 18 U.S.C. Section 921(16), or a firearm “in permanently inoperable condition.” NM Stat. Ann. § 30-7-7.3. |
Possession
No state permit is required to possess a rifle, shotgun or handgun. MORE |
Purchase
No state permit is required to purchase a rifle, shotgun or handgun. MORE |
Carrying
New Mexico does not prohibit open carrying. “Carrying” is defined as having the firearm on the person or in close proximity, so that the weapon is readily accessible for use. N.M. Stat. Ann. § 30-7-1. It is unlawful to carry a concealed loaded firearm, unless the person is (1) carrying in the person’s own residence or on real property that he or she owns or controls; (2) carrying in a private automobile or other private means of conveyance, for lawful protection of the person or another person or property; (3) a peace officer in the lawful discharge of his or her duties; or (4) in possession of a valid concealed handgun license issued by the Department of Public Safety. This law does not prohibit the carrying of any unloaded firearm. N.M. Stat. Ann. § 30-7-2. MORE |
Machine Guns, Magazines, Ammunition, etc.
It is lawful to possess a machine gun that is legally registered and possessed in compliance with all federal laws and regulations. New Mexico has no laws prohibiting or restricting “large capacity” magazines, “assault weapons,” or types of ammunition. |
Preemption
No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. MORE |
Restoration of Rights
New Mexico has a process to allow restoration of firearm rights for persons under a mental health-based firearm disability. Gun rights lost due to a criminal conviction in New Mexico may be restored by pardon or through expiration of time. MORE |
Range Protection
The use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution. MORE |
Miscellaneous
State law requires the court administration to provide the FBI, for entry into the national instant criminal background check system (NICS), with information about a court order, judgment or verdict about any person who has been adjudicated as a mental defective or committed to a mental institution and who is prohibited from receiving or possessing a firearm or ammunition under federal law as a result. The same law requires that the FBI also be provided, for entry into NICS, with information about court proceedings relating to a person’s eligibility to receive or possess a firearm or ammunition pursuant to state or federal law. N.M. Stat. Ann. § 34-9-19(A), (B). New Mexico has a process to allow restoration of firearm rights for persons who are ineligible to possess a firearm or ammunition as a result of an adjudication or commitment for mental illness. N.M. Stat. Ann. § 34-9-19(D) - (J). In 2023, New Mexico enacted a law on negligently making a firearm accessible to a minor (person under the age of 18). NM Stat. Ann. § 30-7-4.1 makes it a crime to keep or store a gun in a way that “negligently disregards a minor’s ability to access the firearm,” and a minor displays or brandishes the firearm in a threatening manner, or causes injury to the minor or another person. If the minor brandishes/displays or uses the gun to cause injury short of great bodily harm, the person who failed to secure the gun is guilty of a misdemeanor; otherwise, if the harm is great bodily harm or death, the crime is a fourth degree felony. Exceptions to the negligent firearm access law are: (1) where the gun was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor; (2) a gun that was carried on the person or within the person’s immediate control; (3) a gun locked with a “firearm safety device” that rendered the firearm inoperable; (4) a gun that was used in the course of self-defense or defense of another person; (5) a gun obtained by illegal entry to the person’s property; or (6) where the minor’s possession of the gun occurs with the authorization of the minor’s parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose. As used in this law, a “firearm safety device” means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion, or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm. MORE |
Tuesday, July 23, 2024
Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion ...
Wednesday, May 15, 2024
Today, the NRA filed a lawsuit in federal court challenging New Mexico's recently enacted waiting period requirement on firearm purchases.
Wednesday, May 15, 2024
Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New ...
Thursday, April 18, 2024
Yesterday, anti-gun Governor Michelle Lujan Grisham announced that she is convening lawmakers in Santa Fe for a special ...
Monday, April 8, 2024
The 2024 New Mexico State Legislative Session had no shortage of extreme anti-gun legislation being pushed by none other ...
Tuesday, March 5, 2024
Yesterday, Governor Lujan Grisham signed into law two gun control measures passed by the New Mexico Legislature during ...
Thursday, February 15, 2024
The New Mexico Legislature concluded its 30-day session on Thursday at noon. Gun control dominated the discussion during ...
Tuesday, February 13, 2024
Progressive Democrats in the New Mexico House voted 36-32 last night to agree to a series of Senate ...
Sunday, February 11, 2024
Progressive Democrats in the New Mexico Senate passed House Bill 129, the 7-day waiting period bill, on a 23-18 ...
Thursday, February 8, 2024
Last night, the Senate Judiciary Committee advanced House Bill 129, the 7-day waiting period bill, after rejecting an ...