New Mexico Gun Laws
Gun Laws Overview
RIFLES & SHOTGUNS | HANDGUNS | |
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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 Idaho ENHANCED permits only and North Dakota Class 1 permits only. |
STATE STATUS | |
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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).
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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). MORE |
Tuesday, August 21, 2001
No summary available
Friday, August 17, 2001
The Department of Public Safety has granted interested parties an extension for submitting written comments on proposed rules ...
Friday, August 10, 2001
On Tuesday, August 14, the New Mexico Shooting Sports Association will host a candidate forum featuring 5 of ...
Friday, July 27, 2001
License applications and proposed rules on the state`s new Right to Carry law are available online at www.dps.nm.org, ...
Friday, June 22, 2001
The City of Santa Fe will hold two more public hearings on whether the city should "opt-out" of ...
Friday, June 15, 2001
City of Espanola The Monday, June 11 hearing of the Espanola City Council on the issue of the ...
Friday, June 15, 2001
City of Espanola The Monday, June 11 hearing of the Espanola City Council on the issue of the ...
Friday, June 8, 2001
City of Albuquerque Ordinance #108 was removed from the Finance & Government Operations Committee`s agenda for Monday, June ...
Wednesday, May 23, 2001
At Monday`s meeting of the Albuquerque City Council, Mayor Jim Baca formally introduced Council Bill No. O-108, which ...
Wednesday, May 16, 2001
ALBUQUERQUE MAYOR JIM BACA TO PROPOSE BAN ON "RIGHT-TO-CARRY" BEFORE NEW LAW EVEN TAKES EFFECT!