Defensive Carry banner

1 - 11 of 11 Posts

·
Registered
Joined
·
570 Posts
Discussion Starter #1
Hi all

I'm traveling to New Mexico at the end of this month. Driving out from PA so my wife can see a bit of the Country.

I'll be in NM for a week or two, Is anyone here a resident of NM who can tell me what their up to date laws might be concerning carry, open or concealed, especially as related to a non resident?

Geo
 

·
Registered
Joined
·
742 Posts
Rather than rely on information from the net, contact the Attorney General's office for the state of NM.

Just the opinion of one old guy.
 

·
Registered
Joined
·
74 Posts
Packing in New Mexico

Sure:

First go to Packing.org (PDO), and look in their State database (State ccw info and License Tool at top of page). You could check on all states you are travelling through, too. (Double check on Handlawgun.us; Packing has been known to be out of date).

You can check to see if NM honors your ccw permit. If so, you have to obey NM law. I hope you have FL, because NM does not honor PA (if not, apply now - they just want proof of training). You can nevertheless carry open or concealed in your car, which is considered an extension of your home.

NM is an open carry state, although generally it is "not done": OWB means hostered OWB, not tucked in your belt. If you are carrying concealed, however that _really means_ concealed, and accidental flashing of your weapon is a petty misdemeanor.

You do not have to declare you carry if pulled over - but they will run your license and find out anyway, so you might as well. I expect most officers will appreciate it. There is a current thread on an out-of-stater travelling with a Utah CC permit on PDO (good experience except for the seat-belt ticket - rigidly enforced).

The other biggest thing to know is that you cannot carry in ANY place that sells alcohol, whether served there or not: many gas stations sell beer, and there probably will not be any indication on the outside. Walmarts ban carry in NM whether they sell alcohol or not. There is also the usual list of government, school, municipal buildings and all State Parks (check on how to secure a weapon in your car in a park.)

On the shoot/don't shoot stuff, read up on the legal stuff on PDO's database. It's too complicated to explain here, unless you have a specific question. Remember case law trumps actual written law. You have a duty to retreat unless there is no safe way of doing so (smart thing, anyway)!

NM is a hot, high altude state, and you should carry and drink more water than you think you need to avoid dehydration & headaches. It has been 110F in the S, and in the deserts along I 40. It will be cooler in the mountains, of course, and there are interesting places to explore. NM is a very beautiful, interesting, multicultural and varied state, especially after you cross the eastern plains.

Have a great & safe trip!

C
Disclaimer: I am not an expert on cc law: verify!
 

·
Registered
Joined
·
570 Posts
Discussion Starter #6
Thanks all.
I checked the listed sites and will contact the NM AG.
It is a beautiful state, been there a few times. It's one of the states I'm considering for retirement.
I'm visiting my best friend and his wife whom my wife has not met and we're driving so she can see some of the Country, one way out and a different way back. Only 3 states I haven't been to yet are Tenn., Kansas and Alaska and after this trip there will only be Alaska left and I hear it's good fishing.
 

·
Registered
Joined
·
26 Posts
cgraham said:
NM is an open carry state, although generally it is "not done": OWB means hostered OWB, not tucked in your belt. If you are carrying concealed, however that _really means_ concealed, and accidental flashing of your weapon is a petty misdemeanor.
Wait, am I understanding you correctly--New Mexico is an unlicensed open carry state, but if you have a permit and are carrying concealed and it shows accidentally, you are committing a crime? That makes no sense whatsoever.
 

·
Registered
Joined
·
370 Posts
I am certain that Cgraham is incorrect in that claim - I'm a NM criminal defense lawyer, and I know of no statute that says what he claims. If he has a citation for authority for this claim, of course, I'm sure we're all ears.
 

·
Registered
Joined
·
74 Posts
Breaking concealment

I based my statement on maintaining concealment based on my CCW class handbook and on a statement in Packing.org's state database. I have re-read the NM Adminstative Code on Carrying Concealed Weapons, and it does not define "concealed" (perhaps because the obvious meaning of concealed is "not visible"); nor does it address the accidental exposure issue (Erich is quite correct). There may be relevant case law I am unaware of: perhaps Erich could help us with that.

So bottom line I was wrong: there is nothing explicit in the law to make accidentally flashing a concealed weapon illegal. Below, I correct another error in my statement.

However, there are some points I would like to make on this issue, because it is not as simple as "it's not against the law" IMO.

My statement that a concealed weapon should be fully concealed at all times came primarily from my CCW training handbook. I just called the instructor and learned that this was a generalization covering CCW states in general, and does not apply to NM because it is an open carry state. Nevertheless, he emphasized that it is good practice always to keep a weapon properly concealed. For one thing it avoids "man with gun" calls and possible unpleasant confrontations with LEOs. It also avoids frightening people, which would be a discourtesy, at least. A concealed weapon, revealed. is much more scary that one carried openly. Personally, I would feel highly irresponsible, indeed mortified, if my concealed weapon came accidently into view.


Packing.org notes in the NM portion of its database: http://www.packing.org/state/new_mexico/#statenote
Quote
"Jul 31, 2005 NM is an open-carry state. A non-license holder may carry a visible firearm on his/her person.
[Is] IWB carry in our state ... legal, considering the grip at the least is exposed? According to our Sheriff, any firearm carried inside the waist-band, whether using a holster or not, would be considered concealed by his department. That being the case, you should consider any IWB carry, concealed, regardless of your locale [because] if any [one] law enforcement agency is on record to their determination of concealment, you should consider all agencies would share that view." /Endquote. [This was just one sheriff's opinion, so not an authoritative statement. However, would this LEO be mollified if I pulled out my CCW permit?]

In the above statement the following is confusing "That being the case, you should consider any IWB carry, concealed". Of course it is neither fully concealed, nor fully unconcealed. It appears to me that since the CC law is constructed to permit concealment, and partial concealment is not considered (by some LEO) to be open carry, accidently revealing a CW having a CCW permit would not be wise: you never know how police may react, or a court might interpret the law. I can imagine it now: "But I was carrying concealed, with a permit, officer". Answer: "No, it's not concealed, I can see part of it, and you are not carring openly either." Want to settle this in court?

I appreciate the questions raised on this point: I have learned something about a legal grey zone. As both I and Packing.org say, Verify: we don't claim to be legal experts. I apologise for the long discussion, but I think if I said "partial concealment is legal" I would oversimplify the issue.

NO DUTY TO RETREAT:
I would like to take this opportunity to correct a clear error in my previous post: contrary to what I wrote, there is NO duty to retreat in New Mexico (although it is usually smart to do so if possible).

.45acp, if you come to S NM to see the famous White Sands, contact me!

I'm STILL not an attorney!

C
 

·
Registered
Joined
·
370 Posts
Good post.

There's no case law on point.
 
1 - 11 of 11 Posts
Top