New Mexico "No Gun" signs, and home-defense laws. Need clarification please!

This is a discussion on New Mexico "No Gun" signs, and home-defense laws. Need clarification please! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey all, Recently, one of my favorite businesses, The Flying Star Cafe (on Carlisle and Central) has posted a "No concealed weapons allowed on premises" ...

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Thread: New Mexico "No Gun" signs, and home-defense laws. Need clarification please!

  1. #1
    Ex Member Array MP9NewMexico's Avatar
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    Exclamation New Mexico "No Gun" signs, and home-defense laws. Need clarification please!

    Hey all,

    Recently, one of my favorite businesses, The Flying Star Cafe (on Carlisle and Central) has posted a "No concealed weapons allowed on premises" sign in the front window, directly next to the entrance. I still carry, discretely, in a small pocket holster if a friend or family member wants to eat there; otherwise I avoid the business. Am I actually breaking the law, or does the owner simply have the right to ask me to leave?

    Second, I'm wondering about home invasions scenarios. I keep my XD40SC with night sights and CT laser, in a GunVault Biometric Vault under my bed. If an intruder breaks in, and I confront them, am I legally covered if I end up shooting them inside my home?

    Thanks guys :)

    Just trying to stay safe out there!

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  3. #2
    Distinguished Member Array kelcarry's Avatar
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    First off, do your own due diligence--most answers on the forum are honest and helpful but not necessarily legally correct in your state. Having said that IMO: 1) Many states require businesses to post legally specific signs, as defined in their code of laws, if they do not want you to CC. Many states have specific laws that do not allow CC in certain businesses---in SC, you cannot CC in a restaurant or business that sells alcohol and alcohol drinks for profit. 2) Most states (not sure if it is all and includes N. Mexico) have the Castle Doctrine law. As the homeowner, you can presume the imminent threat of death or great bodily injury should someone attempt to forceably or illegally break into your home. That presumption allows you to use deadly force--ie: you can shoot him
    Again, due diligence is a necessity and a responsibility of anyone who has a firearm for protection. Learn your code of laws and understand them when it comes to all aspects of your firearm possession. Speak to other gun owners, speak to those at a local gunshop, go on internet for NM Code of Laws, use this forum and others for resource material and references as you have started to do with this thread.

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    Greetings MP9NweMexico...

    You need to look in here: Concealed Carry, Concealed Carry Reciprocity Maps, Concealed Weapons Permit Info

    There are two maps listed at the top.
    If you look at the concealed weapons info map, you will see Concealed Carry Permit Info...you need to be familiar with the 'rules'.

    Here is the list of places you cannot carry:
    Places off-limits when carrying:
    1. Nothing in the Concealed Handgun Carry Act allows a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.
    2. It is unlawful to carry a concealed handgun on school or preschool premises even with a concealed carry license.
    3. In addition to other limitations stated in the act, a licensee may not carry a concealed handgun on or about his 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.
    4. A concealed handgun license is not valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.
    5. 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.
    6. 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.
    7. No person shall carry a loaded or unloaded firearm in an establishment licensed by the regulation and licensing department 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 his 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; 4) by a person on that area of the licensed premise used primarily for vehicular traffic or parking; 5) for the purpose of temporary display, provided that the firearm is: (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises. No person shall carry a firearm while under the influence of drugs or alcohol.

    It is extremely important that you know the rules of you OWN state (as well as any state you travel to) to avoid problems.

    Hope this helps,

    ret
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    Ex Member Array MP9NewMexico's Avatar
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    Excellent sights, thank you guys : )

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    Member Array TravisABQ's Avatar
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    NM changed law last year, and it is now legal to carry concealed in a bar or restaurant with a liquor license.
    But it's not legal to drink, while armed. ( and just not a good idea!)

    Previously, Flying Star was a prohibited place since they have flavored liqueurs which they add to coffees.

    If you want to tweak Flying star for their policy, call them regularly to ask if they prohibit lawfully concealed firearms,
    and let them know they are losing your business. They'll never miss you if you don't tell them.

    Starbucks supposedly has a policy of not prohibiting lawful carry.... but their coffee is wretched.

    Rezlands are a tricky thing, you are legal if you keep on the main roads. But if you go into a gas station, not.

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    Member Array Porp's Avatar
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    Handgunlaw.us
    http://www.conwaygreene.com/nmsu/lpe...main-h.htm&2.0
    Check out 4 b. I just checked online and Flying Star does in fact have a liquor license. http://rldverification.rld.state.nm....nse_id=535300&

    30-7-3. Unlawful carrying of a firearm in licensed liquor establishments.




    A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:




    (1) by a law enforcement officer in the lawful discharge of the officer's duties;




    (2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978] acting in accordance with the policies of the officer's law enforcement agency;




    (3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;




    (4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [29-19-1 NMSA 1978] on the premises of:




    (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or




    (b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;




    (5) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;




    (6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or




    (7) for the purpose of temporary display, provided that the firearm is:




    (a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and




    (b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.




    B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

  8. #7
    Member Array kinoons's Avatar
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    Reasons to love Nevada, and to know your local laws. In Nevada signs carry no weight of law at all. If you're asked to leave and dont you're only guilty of trespass. We can carry in bars, and you're allowed to carry upto a 0.10 alcohol level in public, no limit at home.

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    Member Array Bear67's Avatar
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    And yet Nevada will not recognize my Texas CHL. I lived in Reno and worked in every county in Nevada in 65-66 and can not believe the change in the state since then. From a primarily rural conservative state, we now are in la la land--Just look at your senior senator.

    My wife and I are taking a 12 state western RV trip for a couple of months in the spring and I will skirt around the state even though I would like to show her some of my old haunts and visit friends in Battle Mountain and Shell Creek. We can spend our funds outside of Nevada--they will not miss my little spending money, but I will feel better

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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by MP9NewMexico View Post
    Hey all,

    Recently, one of my favorite businesses, The Flying Star Cafe (on Carlisle and Central) has posted a "No concealed weapons allowed on premises" sign in the front window, directly next to the entrance. I still carry, discretely, in a small pocket holster if a friend or family member wants to eat there; otherwise I avoid the business. Am I actually breaking the law, or does the owner simply have the right to ask me to leave?

    Second, I'm wondering about home invasions scenarios. I keep my XD40SC with night sights and CT laser, in a GunVault Biometric Vault under my bed. If an intruder breaks in, and I confront them, am I legally covered if I end up shooting them inside my home?

    Thanks guys :)

    Just trying to stay safe out there!
    How many people have you sucked in with this so far ?? LMAO.

    If you don't know..... go to this page, hit every link on the right side for info on New Mexico's laws, go thru all of them and read everything there 5 times. http://www.handgunlaw.us/states/newmexico.pdf

    Especially everything on this site : http://www.dps.nm.org/index.php/nm-concealed-carry/
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

  11. #10
    Member Array JodyH's Avatar
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    I am a NM CCW Instructor.

    Note that the rules for administering the concealed carry act have a definition of what a legal posting is.
    The applicable rule is 10.8.2.27
    To be a legal sign prohibiting concealed carry on private property it must be in accordance with NMSA 1978 Section 30-14-6.

    30-14-6 requires the following:
    (1) be printed legibly in English;
    (2) be at least one hundred forty-four square inches in size;
    (3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;
    (4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and
    (5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.
    brocktice likes this.

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