Off limits New Mexico

This is a discussion on Off limits New Mexico within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am going to New Mexico next month. I can't get into packing.org. I went to handgunlaw.us but they only thing I could find was ...

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Thread: Off limits New Mexico

  1. #1
    Senior Member Array BkCo1's Avatar
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    Off limits New Mexico

    I am going to New Mexico next month. I can't get into packing.org.
    I went to handgunlaw.us but they only thing I could find was schools and courthouses were off limits. Anybody familar with New Mexico's laws? I would appreciate some help. I sure don't want to get my permit pulled from ignorance.

    Thank's

    Phil

    Semper Fi

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  3. #2
    Ray
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    Hi Phil,

    I would strongly suggest to verify all I say with the
    New Mexico Department of Public Safety...http://www.dps.nm.org/
    (or call them)

    Now with that said: list of prohited places...
    ~Any place that sells liquer packaged or for consumption on-site(biggie because this includes most Walmarts, Restaurants, convenience stores, grocery stores etc..)
    ~University/Schools/Pre-schools
    ~state buildings
    ~Most Federal Buildings
    ~state parks
    ~National parks

    You are not obligated to tell a LEO of your CCW

    Additionally, your car is considered your domain, and the same rules apply as if you were in your home...you can carry open or concealed in your car, but have to open carry once out of your car.

    If anyone knows of others that I've forgotten or if I've made a mistake, by all means, let me know :)

    Have fun in down here. I will be taking trips to Colorado from time-to-time, so I'll need to be doing a bit of research for that as well.

    -Ray

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    VIP Member Array Ti Carry's Avatar
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    Train and train hard, you might not get a second chance to make a first impression!

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    Ray
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    errr.. the section about carrying open once out of your car only applies to non CCW persons. Just want to clear that up.

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    Ray
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    Tribal lands is another no-carry place unless you get permission form their tribal leadership.

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    Member Array dnm_85's Avatar
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    Depending where you go in the state, you may also be subject to Federal restrictions (ie. Los Alamos area, Sandia, White Sands, etc)
    Si Vis Pacem, Para Bellum

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    Distinguished Member Array JerryM's Avatar
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    I hope packing.org comes up.
    In addition to schools, fed facilities, etc, maybe the biggest thing that might affect you is the prohibition to carry either open or concealed in anyplace which serves or sells alcohol. That even includes WalMart stores that sell alcohol in the grocery section.
    If the store has a separate/marked off area where the alcohol is sold, such as Walgreens or some grocery stores you can go into that store, but stay out of the liquor section.

    This is a pain, and we hope to get some changes like the Texas law, but that is in the future.

    Generally we follow about the same laws that apply to airports, schools, government facilities as most other states.

    New Mexico Statute 30-7 has the specifics, but I cannot bring it up on the NM web site.

    Hope this helps temporarily at least.
    I see others posted while I was writing. Good.

    Jerry

  9. #8
    Member Array dnm_85's Avatar
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    From Packing.Org

    Places off-limits while carrying
    Date updated: Sep 14, 2005 @ 9:14 pm

    Unlawful carrying of a deadly weapon on school or pre-school premises.
    Unlawful carrying of a deadly weapon on university premises
    Unlawful carrying of a deadly weapon in licensed liquor establishments****
    Courts (without the consent of the presiding judge)
    Tribal Land (unless authorized by the tribal council)
    On a snowmobile (unless there is no round in the chamber)
    Airport security zones
    State parks
    Many federal properties - military bases, national parks, national monuments, etc.
    While under the influence of alcohol or drugs
    Unlawful carrying of a deadly weapon on a bus
    ****Includes convenience stores selling alcohol for off premises consumption.

    There still seems to be some confusion regarding our alcohol laws. Here's the complete text you need to understand. The word "dispense" in NM does not differentiate between on-premise or off-premise consumption.

    " 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 his duties;
    (2) by the owner, lessee, tenant or operator of the licensed premises or his agents, including privately employed security personnel during the performance of their duties;
    (3) 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;
    (4) by a person on that area of a licensed premises primarily utilized for vehicular traffic or parking; or
    (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.
    B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony".

    WalMart Stores in New Mexico. Sign photo taken 05/10/2003


    It has been pointed out to me that some who obtain a CHL for New Mexico do not understand a private property owners rights, and that they supercede those of others that wish to enter that property.

    Please read:


    10.8.2.27 PROHIBITING THE CARRYING OF CONCEALED HANDGUNS ON PRIVATE PROPERTY: Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering upon the property.

    Your right to carry under a New Mexico State Law does not extend beyond that of a property owner.
    Si Vis Pacem, Para Bellum

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    Senior Member Array .45acp's Avatar
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    State and National Parks and I was under the impression that anyplace that sold alcohol was off limits in N.M. for on or off premises, I could be wrong.

    Guess I better catch up on N.M. laws. My son lived there, best friend still does and my son is moving back to N.M. in October.

    Anyhow, have a pleasant and safe trip.

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    Senior Member Array BkCo1's Avatar
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    Thanks for the info.

    Phil

    Semper Fi

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    Distinguished Member Array dimmak's Avatar
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    In NM, one can comsume alchohol on site at grocery stores, Walmarts and convenience stores?
    "Ray Nagin is a colossal disappointment" - NRA/ILA Executive Director Chris W. Cox.


    "...be water, my friend."

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    Member Array Erich's Avatar
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    Has nothing to do with consumption - the statute felonizes any sort of carry anywhere that liquor is "dispensed," and the definition of dispense includes all sales. (longtime NM criminal defense lawyer)

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    Ray
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    JerryM, Do you know of grocery stores that have a separate alcohol section that you can avoid? Seems if it is under the same roof, same register you by the groceries at etc., it would be considered an establishment that would be off-limits to carry. I can kind of see the walgreens thing (they have a separate register and section off on their own). This wouldn't be the case for any grocery store I've gone to though. Just have to be patient for changes to happen that might help in this part of the law I guess.

    I believe the New Mexico Shooter's Association in conjunction with others have put together a proposal to the effect of the 51% rule (much like the no-smoking policy in Albuquerque). Though I've heard it's a 2-part effort (packaged liquer establishments & restaurants) that they are waiting the yearly sessions in the spring to lobby for and introduce for consideration. This last session was packed pretty tight so that is probably why it never saw the floor for consideration. If you carry in NM, I would suggest you support this organization in their efforts toward this. -Ray

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    Member Array Erich's Avatar
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    Just wanted to re-visit this thread: NM law will change on July 1, allowing concealed carry by licensees where liquor is sold for off-premises consumption. See the NM DPS website for a link to the updated law.

  16. #15
    Senior Member Array Smith&Wessonfan's Avatar
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    Quote Originally Posted by Erich View Post
    Just wanted to re-visit this thread: NM law will change on July 1, allowing concealed carry by licensees where liquor is sold for off-premises consumption. See the NM DPS website for a link to the updated law.
    Geez, about time. And I thought Ohio was bad...........

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