NEW MEXICO

PLEASE NOTE: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearms Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances-Firearms, available from the U.S. Government Printing Office, Washington, D.C. 20402.

*The carrying of concealed weapons is forbidden in New Mexico. There is no statutory provision for obtaining a license or permit to carry a concealed firearm.

"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." Article II, Section 6.

No state permit is required to possess a rifle, shotgun or handgun.

It is unlawful, without prior approval from the bus company, to board or attempt to board a bus while in possession of a firearm upon the "person or effects" and readily accessible while on the bus. This does not apply to duly elected or appointed law enforcement officers or commercial security personnel in the lawful discharge of their duties.

It is unlawful for a felon to receive, transport, or possess a firearm. Felon is defined as "a person who has been convicted in the preceding ten years by a court of the United States or of any state or political subdivision thereof to a sentence of death or one or more years imprisonment and has not been pardoned of the conviction by the appropriate authority."

It is unlawful for a person under 19 to possess or transport a handgun, except when the person is:

1. attending a hunter's or handgun safety course;
2. engaged in target shooting or in organized competition;
3. 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 legalized activities;
6. on real property under the control of the under 19 person's parent, grandparent, or guardian and while under their supervision.

No state permit is required to purchase a rifle, shotgun or handgun.

It is unlawful to carry a concealed loaded hand-gun on the person or in close proximity thereto so that the handgun is readily accessible for use. This does not apply to: 1) carrying in a person's residence or on real property belonging to him as an owner, lessee, tenant or licensee; 2) carrying in a private automobile or other private means of conveyance, for lawful protection of person or property; or 3) carrying by a peace officer in the lawful discharge of his duties.

It is lawful to carry an unloaded firearm.

It is lawful to carry a loaded rifle or shotgun in a private automobile or other private means of conveyance, for lawful protection of person or property.

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.

No person shall carry a loaded or unloaded firearm in an establishment licensed by the Department of Alcohol Beverage Control 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 their 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; or
4. by a person on that area of the licensed premise used primarily for vehicular traffic or parking.

No person shall carry a firearm while under the influence of drugs or alcohol.

New Mexico statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

It is lawful to possess a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

It is unlawful to endanger the safety of another by handling or using a firearm in a negligent manner.

It is unlawful to discharge a firearm within 150 yards of an inhabited dwelling or building without the permission of the owner or lessee.

No person under 18 years of age may hunt with a firearm unless he carries a certificate indicating that he has successfully completed the New Mexico hunter training course or the hunter training course of another state which is approved by the New Mexico Department of Game and Fish.

No person shall operate a snowmobile having a firearm in his possession unless it has no round in the chamber, with the action closed.

When a finding of fact is made that a firearm was used in a commission of a felony, the basic sentence for the offense shall be increased by one (1) year, and the sentence imposed shall be the first year served and shall not be suspended or deferred. For a second or subsequent felony in which a firearm is used, the penalty shall be increased by three (3) years, and the sentence imposed shall be the first three years served and shall not be suspended or deferred.