N.M. Stat. Ann. § 30-7-16 makes it a crime for a felon (see below), a person currently subject to a domestic violence order of protection (issued in New Mexico or registered in New Mexico), or a person convicted of stalking, specified domestic violence crimes (battery against a household member, criminal damage to property of a household member) or a crime that would disqualify a person from firearm possession under federal law, from possessing, receiving or transporting a firearm. For the purposes of this law, a “firearm” means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion, or just the frame or receiver. Antique firearms are included.

The prohibition of a “felon” under this state law lasts only for the ten years after the person has completed serving a sentence or period of probation for the felony conviction, whichever is later, unless the person has been pardoned for the crime or received a deferred sentence. N.M. Stat. Ann. § 30-7-16(D)(3) (definition of "felon"). 

It is unlawful for a person under 19 years old to knowingly possess or transport a handgun, loaded or unloaded, except when the person is: (1) attending a hunter’s or handgun safety course; (2) engaged in target shooting or in organized competition; (3) engaged in 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 one of the above activities; (6) on real property under the control of the person’s parent, grandparent, or guardian and while under their supervision. N. M. Stat. Ann. § 30-7-2.2.

Any handgun possessed or transported by a person under 19 years of age in violation of the above prohibition is subject to seizure and forfeiture by a law enforcement agency. N. M. Stat. Ann. § 30-7-2.3.  

Effective July 1, 2019, a person who is subject to a domestic violence order of protection may be required to surrender any firearm in the person’s possession, care, custody or control to a law enforcement agency or a federally licensed dealer for the duration of the order of protection. This applies only after the court has made a determination that the person presents a credible threat to the physical safety of the household member, after the person has received notice and had an opportunity to be heard or by stipulation of the parties. N.M. Stat. Ann. § 40-13-5(A)(2).

The person has 48 hours after being served with the order of protection to surrender all firearms in the person’s possession or control to a law enforcement officer, a law enforcement agency or federally licensed dealer. Within 72 hours of the issuance of the order of protection, the person must file with the court issuing the order a receipt for the firearms from the dealer or agency, or a statement of non-relinquishment. The law enforcement agency or dealer with custody of a surrendered or seized firearm has to return the firearm once the order expires or is terminated, within three business days of receipt of a request from the person, provided he or she is then currently eligible under law to possess a firearm. N.M. Stat. Ann. § 40-13-13.

The exception for carrying in a vehicle includes motorcycles and bicycles. If the person does not have a New Mexico license to carry or a license from a state that New Mexico recognizes, the person cannot carry the weapon concealed on the person when exiting the vehicle or conveyance.

New Mexico is a “shall issue” state. The Department of Public Safety shall issue a concealed handgun license to an applicant who meets the qualifications and requirements.

Applicants must be:

• a citizen of the United States;
• a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member;
• twenty-one years of age or older;
• not a fugitive from justice;
• not have been convicted of a felony in New Mexico or any other jurisdiction;
• not currently under indictment for a felony criminal offense in New Mexico or any other jurisdiction.
• not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm
• not adjudicated mentally incompetent or committed to a mental institution;
• not addicted to alcohol or controlled substances; and
• have satisfactorily completed a firearms training course approved by the department for the category and caliber of handgun that the applicant wants to be licensed to carry.

N.M. Stat. Ann. § 29-19-4(A).

The department must deny a concealed handgun license to an applicant who has received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within the ten-year period preceding the application; been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within the five years immediately preceding the application; been convicted within the ten-year period preceding the application of a misdemeanor offense involving the possession or abuse of a controlled substance; or been convicted of a misdemeanor offense involving assault, battery or battery against a household member. N.M. Stat. Ann. § 29-19-4(B).

The applicant must include, besides a completed application form, a nonrefundable application fee; two full sets of fingerprints; a certified copy of a certificate of completion for a firearms training course approved by the department; two color photographs; a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and proof of residency in New Mexico. The department must conduct an appropriate check of available records and forward the applicant’s fingerprints to the FBI for a national criminal background check. N.M. Stat. Ann. § 29-19-5(B), (D).

Proof of training through completion of an approved course is required. For a first-time applicant, the firearms training course must consist of at least 15 hours of classroom/range instruction and a live-fire component. An applicant shall not be licensed unless he or she demonstrates, at a minimum, the ability to use a handgun of .32 caliber. N.M. Stat. Ann. § 29-19-7.

Licensees must take a two-hour refresher course within 26 months of the issuance of an original or a renewed license. The course may be taken 22 to 26 months after issuance, and a certificate of completion must be submitted to the department within 30 days of completion. N.M. Stat. Ann. § 29-19-6(H).

Within 30 days after receiving a completed application and the results of the NICS check, the department shall either issue or deny a concealed handgun license. N.M. Stat. Ann. § 29-19-6(A).

A concealed handgun license must list the category and caliber of handgun that the licensee is licensed to carry. A license must specify the maximum caliber of handgun the licensee may carry pursuant to the permit, and a statement that smaller calibers may be carried. No person shall carry more than one concealed handgun at any given time. N.M. Stat. Ann. § 29-19-6(C)(4).

If a licensee wishes to add another category or additional higher calibers of handguns to his or her license, the licensee must file an endorsement application with the department, along with a certified copy of a certificate of completion from an approved instructor stating that the licensee has demonstrated competency on a firing range for that additional category and caliber of handgun. If the requirements are met, the department issues an updated license within ten days of receipt of the application. A licensee cannot carry the higher caliber concealed handgun until he or she receives the updated license. N.M. Admin. Code 10.8.2.18.

Concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked. N.M. Stat. Ann. § 29-19-3.

New Mexico has separate carry license provisions for “military service persons” (anyone accepted into the United States armed forces and on active duty, on reserve or guard duty, or who is a veteran or a retiree who received an honorable discharge). Application fees are waived and a firearms training course or refresher firearms training course is not required. The license is printed with “military service person” and is valid for a period of five years. N.M. Stat. Ann. § 29-19-15.

New Mexico has separate carry license provisions for current and retired law enforcement officers and New Mexico mounted patrol members. Pursuant to N.M. Stat. Ann. § 29-19-14, an application fee, a renewal fee and a firearms training course are not required for an applicant or licensee who is a current or retired certified law enforcement officer pursuant to the state Law Enforcement Training Act, or a current member of the New Mexico mounted patrol who has successfully completed a law enforcement academy basic law enforcement training program for New Mexico mounted patrol members.

Information relating to an applicant or to a licensee received by the department or any other law enforcement agency is confidential and exempt from public disclosure unless an order to disclose information is issued by a court of competent jurisdiction. The information shall be made available by the department to a state or local law enforcement agency upon request by the agency. N.M. Stat. Ann. § 29-19-6(B).

A licensee must have the concealed handgun license in his or her possession at all times while carrying a concealed handgun. N.M. Stat. Ann. § 29-19-9.

A regulation requires that a licensee carrying a concealed handgun on or about the person in public shall, upon demand by a peace officer, display the license to carry a concealed handgun. N.M. Admin. Code 10.8.2.16(D).

No person shall consume alcohol while carrying a concealed handgun, or carry while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications. N.M. Admin. Code 10.8.2.16(C).

A license is not valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo. N.M. Stat. Ann. § 29-19-10.

A license does not authorize the holder to carry a concealed handgun into or on premises of a preschool, or any place where to do so would be in violation of state or federal law. N.M. Stat. Ann. § 29-19-8.

Other places where carrying or possession of a firearm is not allowed:

Courthouse/Court Facility: a concealed handgun license is not valid in a courthouse or court facility unless authorized by the presiding judicial officer for that courthouse or court facility. N.M. Stat. Ann. § 29-19-11.

School premises: carrying a deadly weapon on school premises is a felony unless the person is a peace officer; school security personnel; a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction; a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or a person older than 19 years of age in a private automobile or other private means of conveyance, for lawful protection of the person or another person or property. “School premises” mean the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board, or any other public buildings or grounds that are not public school property, but where public school-related and sanctioned activities are being performed. N.M. Stat. Ann. § 30-7-2.1.

University premises: carrying a firearm on university premises is a crime unless the person is a peace officer; university security personnel; a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program; a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or a person older than 19 years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person or another person or property. A university must conspicuously post notices that state that it is unlawful to carry a firearm on the premises. “University premises” are the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted, and any other public buildings or grounds that are not university property, but where university-related and sanctioned activities are performed. “University” includes a community college, a branch community college, a technical-vocational institute and an area vocational school. N.M. Stat. Ann. § 30-7-2.4.

Alcohol licensed businesses: it is a felony to carry a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages, unless the person is the owner, lessee, tenant or operator of the licensed premises or an authorized agent or security guard; an on-duty law enforcement officer; a person carrying in that part of the premises rented on a daily or short-term basis for sleeping or residential occupancy (like a hotel or motel) or on the part of the premises used for driving or parking; or a “completely inoperative” firearm under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises for the purposes of a temporary display. N.M. Stat. Ann. § 30-7-3.

A person in possession of a valid license to carry may carry a concealed handgun on the premises of a licensed establishment that does not sell alcoholic beverages for consumption on the premises, or on restaurant premises if the restaurant is licensed to sell only beer and wine and derives no less than 60 percent of its annual gross receipts from the sale of food for consumption on the premises. This does not apply to any restaurant that opts to prohibit firearms by posting signs in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or where the license-holder is verbally told by the owner or manager that the carrying of a firearm is not permitted in the restaurant. N.M. Stat. Ann. § 30-7-3(A)(4).

Passenger bus, coach or other motor vehicle with a seating capacity of at least 15 people. It is a crime to board or attempt to board a bus while in possession of a firearm or other deadly weapon upon the person or effects and readily accessible to the person while on the bus. This does not apply to anyone with prior approval from the bus company, law enforcement officers or commercial security personnel acting in the course of their employment, or anyone transporting a weapon in compliance with regulations established by the bus company and where the firearm is transported in a compartment which is not accessible to passengers while the bus is moving. N.M. Stat. Ann. §§ 30-7-13, 30-7-15, and 30-7-11 (definitions).

Jails, detention facilities: it is a felony for anyone other than a  peace officer in the lawful discharge of duties to carry or bring a firearm onto the grounds of the penitentiary of New Mexico or any other institution designated by the corrections department for the confinement of adult prisoners, or into the confines of a county or municipal jail, or a juvenile detention facility or juvenile correctional facility. N.M. Stat. Ann. §§ 30-22-14, 30-22-14.1.

State parks: regulations prohibit visitors from possessing firearms with a cartridge in any portion of the mechanism, except persons who are lawfully hunting, on-duty law enforcement officials, persons with a valid state concealed handgun license or a license recognized by New Mexico,  and anyone carrying a firearm in a private vehicle or other private means of conveyance, for lawful protection of the person or another person or property. N.M. Admin. Code § 19.5.2.21.

Game refuges: carrying, transporting or possession of “firearms of any kind or description” within any game refuge is prohibited. This does not apply to a county, state or federal officer in the discharge of official duties; persons crossing refuges over public roads and trails with firearms unloaded or taken down; or stockmen, trappers, ranchers and property owners (or their employees) who have been issued a permit by the director of the department of game and fish to carry firearms while engaged in the discharge of their legitimate affairs within game refuges. N.M. Stat. Ann. § 17-2-12.

Private property where carrying is prohibited. A regulation states that a license holder may not carry a concealed handgun on or about the person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property. N.M. Admin. Code 10.8.2.16(F).

Article II, § 6 of the New Mexico State Constitution reads: “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.”

A 1990 Attorney General’s opinion (No. 90-07, March 28, 1990) concluded that buying and selling firearms is an “incident” of the right to bear arms which the Constitution prohibits a county or municipality from regulating in any way. “The ability to obtain weapons is inherent in and connected with the right to bear and keep arms. Limitations on purchases or sales of weapons naturally affect a person’s prerogative to possess a weapon, and sales and purchases of weapons are dependent upon the ability of state citizens to bear and keep arms. Also, regulations affecting the transfer of firearms, like any form of gun control, amounts to regulation of the weapons themselves, and weapons certainly inseparably belong to or are connected with the right to bear and keep them.”

In a later court decision in 2002, Baca v. NM Department of Public Safety, 132 N.M. 282 (NM, 2002), the Supreme Court of New Mexico held that a state law that directed the Department of Public Safety to promulgate rules granting a county or municipality the authority to disallow the carrying of a concealed handgun within the limits of the county or municipality, violated the preemption provision in the state constitution. “The Act purports to allow municipalities and counties to prohibit the carrying of concealed weapons and, in so doing, delegates to them the power to regulate an incident of the right to keep and bear arms. The broad language in Article II, Section 6 of our Constitution prohibiting municipalities and counties from regulating an ‘incident’ of the right to keep and bear arms ‘in any way’ indicates an intent to preclude piecemeal administration at a local level and to ensure uniformity in the regulation of firearms throughout the State of New Mexico. [The law at issue] directly conflicts with the prohibition against local regulation in Article II, Section 6. Therefore, this provision is unconstitutional.”

Regarding limitations on emergency powers, under N.M Stat. § 12-10-17, the governor may proclaim a state of emergency in a specific area, on receiving a request of the mayor of a municipality or the sheriff of a county or a majority of the members of the governing body of the municipality or county having jurisdiction in the area. During the existence of this state of emergency, N.M. Stat. § 12-10-18(A)(5) allows the governor, by proclamation, to “prohibit the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers.” Another subsection, (A)(8), allows the governor to prohibit “other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.” However, the area-specific state of emergency, along with any restrictions imposed for control of that emergency, terminates automatically at noon on the third day after it becomes effective, unless sooner terminated by proclamation of the governor.” N.M. Stat. § 12-10-19.

Under the All Hazard Emergency Management Act, the governor is given the power, among others, to “issue, amend or rescind the necessary orders, rules and procedures to carry out the provisions of the All Hazard Emergency Management Act; N.M. Stat. § 12-10-4. This legislation doesn’t specifically mention firearms.

Firearm disability arising from mental health adjudication, commitment. The process to restore firearm rights lost due to an adjudication or commitment for mental illness is found at N.M. Stat. Ann. § 34-9-19(D) to (J).

The person has to initiate legal proceedings in the court that issued the original order or adjudication that resulted in the person’s firearm disability, or another court of competent jurisdiction. A copy of the petition must be served upon the office of the attorney general and upon all parties to the original proceeding that resulted in the firearm disability.

The court must conduct a hearing and a record must be kept of the proceedings. The petitioner must present evidence about: the circumstances regarding the firearm disabilities from which relief is sought, the petitioner’s mental health (and criminal history records, if any), the petitioner’s reputation, developed, at a minimum, through character witness statements, testimony or other character evidence, and changes in the petitioner’s condition or circumstances since the original court order or adjudication.

The court must grant the petition if the court finds on a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that granting the relief will not be contrary to the public interest.

A denial of the decision may be appealed. A person may petition for relief under this law more than once, but cannot do so more than once every two years. In the case of a person who was committed to a mental institution, the person cannot bring a petition until after the person has been discharged from that commitment.

Once the court grants a petition, the administrative office of the courts and any other relevant state agency must update the petitioner’s record in any database that they make available to the NICS database, and must promptly notify the United States attorney general that the basis for the petitioner being prohibited under federal law from receiving or possessing a firearm or ammunition no longer applies.

Otherwise, the court is prohibited from disclosing information regarding a petitioner or proceedings, except as otherwise provided by law. Information compiled and transmitted is not a public record and is not subject to disclosure under state public records laws. However, a person who is the subject of information compiled or transmitted by the administrative office of the courts (or the person’s authorized representative) has a right to obtain, inspect and correct information compiled or transmitted.

Firearm disability arising from criminal conviction. State gun rights are lost upon a person becoming convicted of a felony in New Mexico or elsewhere and such persons are prohibited from receiving, possessing or transporting a “firearm.” The definition of “firearm” used in this state law applies to antique firearms (“firearm means 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(A)(1), (D)(4) (definitions).

Felons lose their firearm rights under this law only for the ten years after the person has completed serving a sentence or period of probation for the felony conviction (whichever is later), unless the person has been pardoned for the crime or received a deferred sentence. N.M. Stat. Ann. § 30-7-16(D)(3).

Gun rights are not lost if the sentencing was deferred under N.M. Stat. Ann. § 31-20-3 and the defendant has successfully completed the conditions of the order under § 31-20-9.

A pardon is available to persons who seek a restoration of rights but this option is not available to persons whose conviction occurred in a federal court or the court of another state. According to the governor’s pardon guidelines, “applicants seeking to restore the right to bear arms must specifically request this when applying; otherwise the applicant will not be considered for the restoration of that right.” See pardon guidelines at https://www.governor.state.nm.us/wp-content/uploads/2019/05/Executive-Clemency-Guidelines_Final.pdf.  

For more information on restoration of rights following a conviction, see the state website on pardons, https://www.governor.state.nm.us/contact-the-governor/apply-for-clemency and guidelines at https://www.governor.state.nm.us/wp-content/uploads/2019/05/Executive-Clemency-Guidelines_Final.pdf, and the federal and relevant state law page at https://ccresourcecenter.org/restoration. 

A local government may regulate the location and construction of sport shooting ranges after July 1, 2002. N.M. Stat. Ann. § 17-8-5.

However, the use of a “sport shooting range” (an area designed and operated for the use of rifles, shotguns or pistols as a means of silhouette, skeet, trap, black powder or other sport shooting or firearms training) cannot be enjoined as a nuisance on the basis of noise or noise pollution if: the sport shooting range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation at the time that the initial operation of the range commenced; or, due to changes made to noise control statutes, rules or ordinances that apply to the sport shooting range and its operation, if the changes take effect after the initial operation of the range commenced; or if noise control statutes, rules or ordinances were not in effect at the time that the original operation of the sport shooting range commenced.

The use or operation of a sport shooting range may not be enjoined as a nuisance on the basis of noise or noise pollution by a person who acquires an interest in real property adversely affected by the normal operation and use of a sport shooting range that commenced operation prior to the time the person acquired the interest in real property. N.M. Stat. Ann. §§ 17-8-4, 17-8-3 (definition).

This does not apply to: recovery for an act or omission relating to recklessness, negligence, wanton misconduct or willful misconduct in the operation or use of a sport shooting range; a nuisance action on the basis of trespass involving the operation or use of a sport shooting range;  the operation or use of a sport shooting range that substantially and adversely affects public health or public safety; or if there has been a substantial change in the primary use of a sport shooting range. N.M. Stat. Ann. § 17-8-6.

It is unlawful to carry a firearm while under the influence of an intoxicant or narcotic. N.M. Stat. Ann. § 30-7-4(A)(2).

It is unlawful to discharge a firearm into any building or vehicle or so as to knowingly endanger a person or property; endanger the safety of another person by handling or using a firearm or other deadly weapon in a negligent manner; or to shoot a firearm within 150 yards of a dwelling or building (except abandoned or vacated buildings on public lands during hunting seasons) without the permission of the owner or lessees of the dwelling or building. This does not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of that office or employment. N.M. Stat. Ann. § 30-7-4(A), (B).

It is unlawful to carry, transport or possess bows, arrows, crossbows or firearms of any kind or description within or upon any game refuge, or to discharge any firearm or arrow into or within any state game refuge in New Mexico. This does not apply to a county, state or federal officer in the discharge of official duties; persons crossing refuges over public roads and trails with firearms unloaded or taken down; or stockmen, trappers, ranchers and property owners (or their employees) who have been issued a permit by the director of the department of game and fish to carry firearms while engaged in the discharge of their legitimate affairs within game refuges. N.M. Stat. Ann. § 17-2-12.