This is a discussion on OC of loaded firearm in NM State Parks - legal after 1/1/13 if you have a CHL? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I've searched and can't find any forum posts about this. I've also read NMAC 126.96.36.199 (revised on 1/1/13) which states it is now legal to ...
I've searched and can't find any forum posts about this. I've also read NMAC 188.8.131.52 (revised on 1/1/13) which states it is now legal to "possess" a loaded firearm in state parks if you have a valid CHL (assuming no "guns prohibited" sign). Previous law said you could only possess unloaded firearms in a State Park.
Does this mean you now can OC a loaded firearm in a NM State Park, as long as you have a valid CHL? It says you can "possess" a loaded firearm in a State Park with a CHL...but 184.108.40.206 doesn't say it also has to be concealed, and 220.127.116.11 doesn't define "possess."
As a lawyer, I'm aware that the purpose of laws is to prohibit conduct, so if the law does not specifically prohibit conduct, then the conduct is deemed "legal." However since I am not licensed to practice law in NM, I just want to ensure I am not missing something regarding this issue!
Last edited by Texas1999; September 25th, 2013 at 12:51 AM.
I am a Florida resident and have my Florida CWL, which is valid in New Mexico. My understanding of open carry is minimal since we are not permitted to open carry in Florida. It is my understanding that New Mexico law only allows 1 firearm to be carried concealed and any number to be carried openly. That seems pretty clear. When it comes to carrying in a state park, my interpretation of the law is not clear. New Mexico Administrative Code (NMAC) 18.104.22.168, A, 3&4 is not clear to me that I can openly carry a loaded firearm in a state park. No where does it say the permitted method of carry (open or concealed). I *thought* if you have a concealed license, you can carry concealed. What about open carry then. According to a person I sought clarification from, I was advised that I can open carry but the firearm cannot be loaded. Until i get solid legal clarification, I will follow this interpretation. I am not an attorney. What other sections of New Mexico's laws would apply? Below is NMAC 22.214.171.124 from the NMAC site (New Mexico Administrative Code).
126.96.36.199 FIREARMS AND BOWS:
A. Visitors shall not possess firearms with a cartridge in any portion of the mechanisam except:
(1) a legally licensed hunter during a designated hunting season and within park areas designated as open to hunting for the species the hunter is licensed to hunt;
(2) on duty law enforcement officials;
(3) persons with a valid concealed handgun license issued to them pursuant to the Concealed Handgun Carry Act, NMSA 1978, Section 29-19-1 et seq.;
(4) persons with a concealed handgun license issued to them by a state that has a valid concealed handgun reciprocity agreement with the state on New Mexico; or
(5) persons carrying a firearm in a private vehicle or other private means of conveyance, for lawful protection of the person’s or another’s person or property.
B. Visitors shall not discharge a firearm within a state park except:
(1) a legally licensed hunter during designated hunting season who is hunting within park areas designated as open to hunting for the species the hunter is licensed to hunt and who is more than 300 yards from a developed park area or occupied campsite;
(2) on duty law enforcement officials pursuant to their official duties; or
(3) persons with a valid concealed handgun license issued to them pursuant to the Concealed Handgun Carry Act, NMSA 1978, Section 29-19-1 et seq. or another state that has a valid concealed handgun reciprocity agreement with the state of New Mexico when discharged in self defense, defense of another person or defense of a dwelling or habitation.
C. Visitors shall not use or discharge arrows, bolts or air or gas fired projectiles, weapons and other devices capable of causing injury to persons or animals or damage or destruction of property in the state parks system, except:
(1) a legally licensed hunter or fisherman during a designated hunting or fishing season who is hunting or fishing within park areas designated as open to hunting or fishing for the species the hunter or fisherman is licensed to hunt or fish, or in authorized areas, and who is more than 100 yards from a developed park area or occupied campsite; or
(2) for park authorized events and activities.
D. Subsection C of 188.8.131.52 NMAC does not apply to on duty law enforcement officials acting pursuant to their official duties.
[184.108.40.206 NMAC - Rp, 220.127.116.11 NMAC, 1/1/2008; 18.104.22.168 NMAC - Rn & A, 22.214.171.124 NMAC, 1/1/2013]
Last edited by BoatwrenchV8; October 22nd, 2014 at 05:11 PM.