New Mexico’s gun restrictions are reasonable compared to those of other states. Whether you want to engage in concealed carry, open carry, or have firearms in your house, it is essential to understand what restrictions could apply to your situation. A violation may result in jail time, fines, or perhaps a prison sentence under Chapter 30, Article 7 of the New Mexico Statutes Annotated.
You should get legal advice from a gun crimes defense attorney if you face a violation. They can help you preserve evidence, build your legal defense, and fight to get your charges reduced or dismissed.
In This Article
Las Vegas, NM gun crimes defense attorney, Marc A. Grano, discusses five basic gun rules that every New Mexico gun owner should know, potential penalties for violating the state’s gun laws, and where gun owners can turn if they face charges. Grano Law Offices, P.C. wrote this blog post to help gun owners understand basic New Mexico gun laws and how they could impact their legal rights.
Five Rules That Every Gun Owner in New Mexico Should Know
The rules that apply to firearm and gun ownership in New Mexico are vast. However, some of these rules are more relevant to gun owners than others. Whether you are considering purchasing a firearm or selling the one you already own, you must be aware of the following laws:
Rule 1. You Do Not Need a Permit to Purchase a Firearm
New Mexico statutes do not mandate a permit before buying a firearm. This rule reduces the time it takes to obtain one. However, it only applies to pistols and long guns.
Rule 2. No Firearm Registration Required
New Mexico does not require gun owners to register their firearms. Other states are more stringent and need you to register the firearm and notify the state if you sell it to someone else.
Rule 3. You Must Have a Permit for Concealed Carry
Concealed carry requires you to possess a concealed carry license. You must meet the following conditions to receive consideration for obtaining a concealed carry permit:
- Be at least 21 years old
- No criminal record
- A valid N.M. driver’s license
- Clean bill of mental health
- Not addicted to drugs or alcohol
- Complete necessary firearm safety course
- Live fire training
- Carrying a permit
- Be a United States Citizen
- Be a resident of New Mexico or in active military service
You do not need a permit to open carry a loaded firearm or a loaded or unloaded firearm inside your vehicle. However, the law requires you to obtain a concealed carry permit, even if you have a license, on public property.
Rule 4. Stand Your Ground Is Not Black and White
Stand Your Ground laws allow property owners to protect their homes and businesses against trespassers. However, you must demonstrate that you had a reasonable concern for your safety or that you believed a threat that would have persisted if you decided to retreat from a threat or fight.
Rule 5. You Face Restrictions
Despite the state’s relatively moderate and forgiving firearms restrictions, you cannot carry a firearm just anywhere in the state. There are various restricted zones for open or concealed carry of firearms, including:
- Public schools
- Preschools
- State courthouses
- Federal courthouses
- Military-owned locations
- Businesses serving alcohol
- Native American reservations
- Certain areas of airports
- Private property
- Public transportation
- While under the influence of drugs or alcohol
- Universities
- Be under 19 and possess a handgun
You will face charges if you are caught carrying a gun on these properties. Ensure you speak with a New Mexico criminal defense attorney about your situation. Your charges may be defensible.
Related Article: Can You Own A Gun With A New Mexico Domestic Violence Charge?
What Is the Penalty for Violating New Mexico’s Gun Laws?
Carrying a concealed firearm, without a license could result in up to six months in jail and a $500 fine. Even with a valid license, carrying a weapon on a school premises may result in a charge of a fourth-degree felony, punishable by up to 18 months in jail or a fine of up to $5,000, or both.
Depending on the severity of the infringement, the consequences might be more severe. New Mexico also prohibits convicted felons from carrying, owning, selling, or possessing weapons. The statute does not apply if you received a pardon, a deferred sentence, or if it has been ten years since final sentencing. However, be aware that federal law may be more restrictive than New Mexico State law.
Related Article: What Is a Felony in New Mexico?
A New Mexico Gun Crimes Defense Lawyer Can Help
If you or a loved one were arrested for gun charges, you need to mount a serious legal defense. While our state gun regulations are relaxed compared to other states, violators are still prosecuted to the utmost extent of the law. A New Mexico criminal defense lawyer knows how to investigate your charges
Call Grano Law Offices, P.C. for a Free Case Strategy Session
Contact Grano Law Offices, P.C. for a Free Case Strategy Session at (505) 426-8711 or message us online. We are proud to offer secure video conferencing or can travel to you if you are unable to meet at our Las Vegas, New Mexico office.
