New Mexico State Law Summary

Last updated March 3, 2008.

Gun Deaths

State Right to Bear Arms

State Preemption

State Firearms Policies

Ammunition Regulation
Assault Weapons
Background Checks
Ballistic Fingerprinting
Carrying Firearms
Child Access Prevention
Dealer Regulations
Domestic Violence and Firearms
Gun Shows
Immunity Statutes / Manufacturer Litigation
Junk Guns / Saturday Night Specials

Large Capacity Ammunition Magazines
Licensing of Gun Purchasers / Owners
Locking Devices
Mental Health Reporting
Minimum Age to Purchase / Possess
Multiple Purchases / Sales of Firearms
Personalized / Smart Guns
Private / Secondary Sales
Registration of Guns
Reporting of Lost or Stolen Firearms
Waiting Periods

State Resources

Please Note: To view the sections of the New Mexico Statutes provided in the text below, search for the citation using the New Mexico Statutes Annotated website.

In 2005, 267 people died from firearm-related injuries in New Mexico. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2005, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Article II, § 6 of the New Mexico Constitution provides:

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.

In State v. Rivera, 853 P.2d 126 (N.M. Ct. App. 1993), the Court of Appeals of New Mexico held that regulations that are reasonably related to the public health, welfare and safety do not violate art. II, § 6. The court found that N.M. Stat. Ann. § 30-7-4, which criminalizes negligent use of a deadly weapon, was a reasonable use of the state’s police power and did not violate the state constitution. Rivera, 853 P.2d at 129.

Similarly, in State v. Dees, 669 P.2d 261, 264 (N.M. Ct. App. 1983), the court of appeals rejected an art. II, § 6 challenge to section 30-7-3, prohibiting the carrying of a firearm into a licensed liquor establishment. The court found that section 30-7-3 is "not an infringement upon the right to bear arms." Dees, 669 P.2d at 264.

Conversely, in City of Las Vegas v. Moberg, 485 P.2d 737 (N.M. Ct. App. 1971), the court of appeals held that a local ordinance banning the carrying of all firearms, concealed or unconcealed, violated art. II, § 6. In Moberg, the court distinguished between laws that merely regulate the carrying of firearms, and laws that completely prohibit the carrying of firearms. Id. at 738. The court stated that a law prohibiting the carrying of concealed firearms is a permissible regulation of art. II, § 6. The ordinance at issue, however, prohibited the carrying of all firearms and was therefore a violation of art. II, § 6. Id.

See also United States v. Romero, 484 F.2d 1324, 1327 (10th Cir. 1973), in which the court stated, in dicta, that the right conferred under art. II, § 6 is not absolute and is subject to reasonable regulation.

In 2004, the Supreme Court of New Mexico interpreted the meaning of the last phrase of the first sentence of art. II, § 6, which reads "nothing herein shall be held to permit the carrying of concealed weapons." State ex rel. New Mexico Voices for Children, Inc. v. Denko, 2004-NMSC-11, 135 N.M. 439, 90 P.3d 458. The court upheld a statute allowing license holders to carry concealed handguns (section 29-19-4 et seq.), rejecting the argument that the phrase prohibits the carrying of concealed weapons. Id. at ¶¶ 5-13. The court held:

The [New Mexico] Constitution neither forbids nor grants the right to bear arms in a concealed manner. Article II, section 6 is a statement of neutrality, leaving it to the Legislature to decide whether, and how, to permit and regulate the carrying of concealed weapons.

Id. at ¶ 8.

See the New Mexico Preemption Section for cases that have analyzed the preemptive effect of art. II, § 6.

The police power of municipalities and counties in New Mexico is limited in the area of firearms regulation. The following sentence was added to N.M. Const. art. II, § 6 in 1986: "No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

In Baca v. New Mexico Dept. of Public Safety, 2002-NMSC-017, 132 N.M. 282, 47 P.3d 441, the Supreme Court of New Mexico held that New Mexico Statutes § 29-18-11(D) (subsequently repealed), which delegated authority to local governments to disallow the carrying of concealed handguns, violated art. II, § 6. According to the supreme court, art. II, § 6 indicates the state’s intent to have uniform firearms regulation throughout the state, rather than piecemeal local regulation. Baca, 2002-NMSC-017, ¶ 6. The court concluded that the manner in which a person bears a weapon is an "incident of the right to keep and bear arms" under art. II, § 6. Id. at ¶ 7.

The only other interpretation of the preemptive effect of art. II, § 6 is set forth in an opinion of the Attorney General. The Attorney General has opined that prior to the adoption of the last sentence in art. II, § 6 in 1986, local governments had police power authority to enact reasonable firearms regulations, but that art. II, § 6 removed that authority. Op. Att’y Gen. No. 90-07 (1990), 1990 N.M. AG LEXIS 5. Further, the opinion defines an art. II, § 6 "‘incident’ of the right to bear and keep arms" to include the transfer of weapons. Id. at *4-*5.

The provisions of New Mexico’s Sport Shooting Range Act (N.M. Stat. Ann. § 17-8-1 et seq.) "shall not prohibit" a local government from regulating the location and construction of sport shooting ranges after July 1, 2002. Section 17-8-5.

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

N.M. Stat. Ann. § 30-22-14 prohibits any person from bringing ammunition onto the grounds of the penitentiary of New Mexico, any other designated correctional institution, or any county or municipal jail. Section 30-22-14.1 prohibits any person from bringing ammunition into any juvenile detention or correctional facility

A state administrative regulation governs the possession of ammunition on the premises of the University of New Mexico, as part of a university-sponsored event or in connection with university activities, unless expressly authorized in writing by the president of the university or his or her designee. N.M. Code R. § 5.60.6.8(L). Another regulation governs the possession of ammunition at juvenile justice services facilities. Section 8.14.5.18(E).

A regulation of the New Mexico Children, Youth and Families Department requires ammunition to be stored separately from weapons owned or acquired by a foster family. N.M. Code R. § 8.27.3.11.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In New Mexico, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, New Mexico has incorporated a federal prohibition as a state offense: New Mexico Statutes Annotated § 30-7-16 prohibits a person convicted of a felony in any state or federal court from receiving, transporting or possessing any firearm within ten years of completing a sentence or probation.

Section 30-22-12 prohibits any person from intentionally giving to another person in lawful custody or confinement any deadly weapon without the express consent of the officer in charge. New Mexico also prohibits an inmate of a penal institution, reformatory, or prison farm or ranch from possessing a deadly weapon. Section 30-22-16.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply. See the New Mexico Private/Secondary Sales section.

No relevant statutes currently exist.

*New Legislation Alert* See LCAV's Recent Developments in State Law page.

Possession Restrictions

New Mexico's statutes do not prohibit carrying of firearms except in the following locations:

On school premises, unless the person is conducting or participating in a school-approved activity involving the carrying a firearm, or the person is older than nineteen and is carrying the firearm in a private vehicle for lawful protection. N.M. Stat. Ann. § 30-7-2.1;
On university premises, unless the person is conducting or participating in a university-approved activity involving the carrying a firearm, or the person is older than nineteen and is carrying the firearm in a private vehicle for lawful protection. Section 30-7-2.4;
In an establishment licensed to dispense alcohol, unless the person has a valid concealed handgun license and the establishment does not serve alcohol for consumption on the premises, and with certain other exceptions. Section 30-7-3;
On buses without prior approval from the bus company, unless the firearm is not readily accessible while on the bus. Section 30-7-13;
Within or upon any game refuge, unless the person is crossing the refuge over a public road or trail with the firearm unloaded, or the director of the refuge granted the person a permit. Section 17-2-12;
In the confines of a county or municipal jail. Section 30-22-14(B);
On the grounds of a designated adult correctional institution. Section 30-22-14(A); and
On the grounds of a designated child detention or correctional facility. Section 30-22-14.1.

In addition, New Mexico's state agencies have issued administrative regulations that prohibit the carrying of firearms in the following locations:

On the campus of the University of New Mexico. N.M. Code R. § 5.60.6.8(L);
In a juvenile justice service facility. Sections 8.14.1.36, 8.14.5.18;
On the state fairgrounds. Section 4.3.1.19;
In any portion of any New Mexico state monument, if the firearm is loaded. Section 4.4.2.17;
On the premises of the state library. Section 4.5.7.8; and
In the state parks system, if the firearm is loaded, except during designated hunting seasons or in authorized areas. Section 19.5.2.20.

Local court rules may prohibit firearms in courthouses. See, e.g., 13th Jud. Dist. R. 210. New Mexico Statutes Annotated § 30-7-4(A)(2) prohibits the carrying of a firearm while under the influence of an intoxicant or narcotic.

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

It is a misdemeanor to board or attempt to board a bus while in possession of a readily accessible firearm, unless prior approval has been granted by the bus company. N.M. Stat. Ann. § 30-7-13. A person may, however, transport a firearm on a bus in accordance with regulations established by the bus company if the firearm is in a compartment not accessible to passengers while the bus is moving. Section 30-7-15. The term “bus” is defined as "any passenger bus, coach or other motor vehicle having a seating capacity of not less than fifteen passengers operated by a bus transportation company when used for the purpose of carrying passengers or cargo for hire." Section 30-7-11.

No person, except an on-duty law enforcement officer, may possess a weapon while operating a state-owned motor vehicle. N.M. Code R. § 1.5.3.14.

A person may not transport loaded guns or other deadly weapons while operating as a motor carrier subject to the jurisdiction of the New Mexico Public Regulation Commission. N.M. Code R. § 18.3.2.25.

Concealed Weapons Licensing Requirements

New Mexico is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. N.M. Stat. Ann. § 29-19-4. Pursuant to section 29-19-4(A), the New Mexico Department of Public Safety ("DPS") must issue a license to an applicant who:

Is a United States citizen;
Is a New Mexico resident or member of the armed forces permanently stationed in New Mexico;
Is twenty-one years of age or older;
Is not a fugitive from justice;
Is not a convicted felon or under a felony indictment;
Is not otherwise prohibited by law from purchasing or possessing a firearm;
Has not been adjudicated mentally incompetent or committed to a mental institution;
Is not addicted to alcohol or controlled substances; and
Has satisfactorily completed a firearms training course.

Pursuant to section 29-19-4(B), DPS must deny a concealed weapons license to an applicant who:

Has received a conditional discharge, a diversion or a deferment, or has been convicted or plead guilty to or plead no contest to a misdemeanor involving a crime of violence within the preceding 10 years;
Has been convicted of a misdemeanor offense involving driving while intoxicated in the preceding five years;
Has been convicted of a misdemeanor offense involving possession or abuse of a controlled substance within the preceding 10 years; or
Has been convicted of misdemeanor assault, battery, or battery against a household member.

A person who carries a concealed, loaded firearm without a license commits a petty misdemeanor. Section 30-7-2. However, this section does not apply to a person who carries a firearm on her/his own property or to a person who carries a firearm in a private vehicle for the purpose of lawful protection. Id.

An applicant for a concealed handgun license shall submit a non-refundable $100 application fee. N.M. Code R. § 10.8.2.12(G). Additional concealed handguns license application requirements, as well as license suspension and revocation information, are detailed in N.M. Stat. Ann. §§ 29-19-4 - 29-19-7; N.M. Code R. §§ 10.8.2.11-15, 10.8.2.21, 10.8.2.26.

Disclosure or Use of Information

Information regarding the licensee received by DPS or any law enforcement department is confidential and exempt from public disclosure in the absence of a court order to disclose the information. N.M. Stat. Ann. § 29-19-6(B). The information shall be made available by the department to a state or local law enforcement agency upon request by that agency. Id.

Duration & Renewal

Concealed handgun licenses are valid for four years from the date of issuance unless suspended or revoked. Section 29-19-3. A license may be renewed anytime until 60 calendar days after the license expires, provided that the licensee completes a four-hour refresher firearms training course prior to filing the application, and pays a $75 renewal fee. Section 29-19-6(F), (G).

Location Limits

Concealed handgun license holders are subject to generally applicable possession prohibitions. Section 29-19-8(A) states that nothing in the Concealed Handgun Carry Act [sections 29-19-1 - 29-19-14] shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law. Please see the Possession Restrictions and Transportation of Firearms sections above for a list of these generally applicable possession prohibitions.

In 2007, New Mexico amended the law prohibiting the carrying of firearms in establishments licensed to dispense alcohol to exempt persons carrying concealed handguns who are in possession of a valid concealed handgun license, provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises. Section 30-7-3(4).

Section 29-19-8(B) states that nothing in the Concealed Handgun Carry Act [sections 29-19-1 - 29-19-14] shall be construed as allowing a concealed handgun licensee to carry a concealed handgun on school premises, as provided in section 30-7-2.1. Section 29-19-8(C) states that nothing in the Concealed Handgun Carry Act [sections 29-19-1 - 29-19-14] shall be construed as allowing a concealed handgun licensee to carry a concealed handgun on the premises of a preschool. Section 29-19-8(C).

A concealed handgun license is also not valid in a courthouse unless authorized by the presiding judicial officer per section 29-19-11, or on tribal land, "unless authorized by the governing body of an Indian nation, tribe or pueblo," per section 29-19-10.

A licensee may not carry a concealed handgun on private property where signs are posted prohibiting the carrying of concealed weapons, or when verbally told of the prohibition by a person lawfully in possession of the property. N.M. Code R. §§ 10.8.2.16(E); 10.8.2.27. See N.M. Stat. Ann. § 29-19-12(E) (specifically granting DPS authority to issue this rule).

Reciprocity

Section 29-19-12 grants DPS discretionary authority to recognize concealed handgun licenses issued by other states under certain conditions. See also N.M. Code R. § 10.8.2.29 (reiterating this authority). For a list of states whose concealed handgun licenses are recognized by New Mexico, visit DPS’s web site.

Brady Exemption

Concealed weapons permit holders in New Mexico are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

No relevant statutes currently exist.

New Mexico does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the New Mexico Private/Secondary Sales section for further information. Pursuant to the federal Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the New Mexico Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 620 federally licensed firearms dealers and pawnbrokers in New Mexico. Federal firearms licensee totals for New Mexico as of November 8, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

There is no law in New Mexico prohibiting individuals convicted of domestic violence misdemeanors or individuals subject to domestic violence protective orders from purchasing or possessing firearms or ammunition. Federal law, however, prohibits purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

Was a current or former spouse, parent, or guardian of the victim;
Shares a child in common with the victim;
Was a current or former cohabitant with the victim as a spouse, parent or guardian; or
Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

Federal law prohibits purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabited. 18 U.S.C. § 921(a)(32).

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), New Mexico maintains data regarding flagged domestic violence misdemeanants, and a domestic violence protection order database is being developed. For general information on the background check process and categories of prohibited purchasers/possessors, see the New Mexico Background Checks section.

No relevant statutes currently exist.

The use or operation of a sport shooting range may not be enjoined as a nuisance on the basis of noise or noise pollution by any person who acquires an interest in real property adversely affected by the normal operation and use of a range that began operating prior to the time the person acquired the interest in real property. N.M. Stat. Ann. § 17-8-4(B).

Furthermore, the use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution:

If the range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation at the time that the initial operation of the range commenced;
Due to changes made to noise control statutes, rules or ordinances that apply to the range and its operation, if the changes take effect after the initial operation of the range commenced; or
If noise control statutes, rules or ordinances were not in effect at the time that the original operation of the range commenced.

Section 17-8-4(A).

The provisions of the Sport Shooting Range Act (N.M. Stat. Ann. § 17-8-1 et seq.) do not apply:

To recovery for an act or omission relating to recklessness, negligence, wanton misconduct or willful misconduct in the operation or use of a sport shooting range;
To a nuisance action on the basis of trespass involving the operation or use of a sport shooting range;
To the operation or use of a sport shooting range that substantially and adversely affects public health or public safety; or
If there has been a substantial change in the primary use of a sport shooting range.

Section 17-8-6.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

New Mexico does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), New Mexico’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Unfair Practices Act, N.M. Stat. Ann. § 57-12-13. For details, view the Center’s report, Targeting Safety.

No relevant statutes currently exist.

A regulation of the New Mexico Children, Youth and Families Department requires all weapons owned or acquired by a foster family to be stored and locked with ammunition stored separately. N.M. Code R. § 8.27.3.11. Another regulation of that Department requires certain other facilities that provide children's services to keep firearms secure from children. N.M. Code R. § 7.8.3.91.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

There is no law in New Mexico requiring the reporting of mental health information to NICS.

For general information on the background check process and categories of prohibited purchasers/possessors, see the New Mexico Background Checks section.

Persons under the age of nineteen are guilty of a misdemeanor if they knowingly possess or transport a handgun in New Mexico. N. M. Stat. Ann. § 30-7-2.2. Exceptions to the prohibition are provided for those:

Attending a hunter or handgun safety course;
Target shooting at an authorized shooting range or an area where the discharge of a handgun without legal justification is not prohibited by law;
Competing in an organized handgun competition;
Participating in or practicing for a performance by a 26 U.S.C. § 501(c)(3) organization;
Legally hunting or trapping;
Traveling with an unloaded handgun to or from an activity listed above;
Possessing a handgun on real property under the control and supervision of the parent, grandparent or guardian of the individual.

There is no minimum age to possess rifles and shotguns in New Mexico.

Persons under the age of eighteen are guilty of a petty misdemeanor if they hunt with or shoot a firearm unless they are carrying a certificate indicating successful completion of a state-approved hunter training course. Section 17-2-33.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in New Mexico, although federal and state purchaser prohibitions still apply. See the New Mexico Background Checks section.