New Mexico Gun Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Increases in gun violence in American cities and the prevalence of mass shootings throughout the nation continue to raise questions about gun control laws in America. In 2023, New Mexico Governor Michelle Lujan Grisham took the unusual step of declaring a public health emergency in the state due to gun violence.
The emergency order came after three child-related gun fatalities occurred in a matter of weeks. The Governor’s administration issued public health orders that temporarily suspended open and concealed carry of firearms in Albuquerque and Bernalillo County. Gun rights proponents challenged her orders in court. The Governor later amended her orders.
States face a difficult challenge as they try to balance the rights of law-abiding gun owners and the needs of public safety. Finding consensus on gun regulations is difficult in political times where issues can become polarized overnight.
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A discussion of gun laws begins with federal law. The Second Amendment of the U.S. Constitution protects the rights of citizens to bear arms for lawful purposes such as self-defense.
In recent decisions, the U.S. Supreme Court has emphasized that the right to own and carry guns in public is an individual right. It requires courts to view any laws that burden the right to bear arms through a historical test. First, the court examines whether the conduct falls under the plain text of the amendment’s protections. Next, the court must determine if the government can show that the regulation aligns with the historical regulation of firearms.
Federal firearms law comes from Congress’ role in regulating interstate commerce. As a result, it set up a framework for taxing and issuing licenses for the legal manufacture, sale, possession, and use of certain dangerous firearms.
Federal firearms dealers must run a criminal background check on anyone purchasing a firearm from their business. Federal law created the National Instant Criminal Background Check System (NICS) to assist law enforcement in keeping guns from those who are banned under the law. This includes convicted felons, those addicted to and using illegal drugs, and others.
New Mexico residents must comply with federal firearms law as well as state firearms laws. State gun control laws restrict the sale, ownership, and use of firearms, and vary from state to state.
While it’s true that the Second Amendment protects the right to own guns, states can pass their own regulations. State laws may restrict who can purchase and possess guns, the carrying of firearms, and, in some cases, what kinds of weapons and accessories are legal to own.
New Mexico gun laws fall in the middle of the pack. The state has certain laws praised by gun control advocates, including a requirement that private gun sales must go through a licensed dealer for a criminal background check. Residents must also obtain a concealed carry permit to carry a concealed handgun on foot.
New Mexico also supports the rights of gun owners. The state does not ban assault weapons and there is no state-imposed waiting period to purchase a gun.
Gun laws in New Mexico include licensing provisions related to the concealed carry of handguns and prohibitions on the possession and carrying of firearms. In 2020, the state also enacted a red flag law allowing law enforcement to seek court orders against persons who become a threat to themselves or others with access to a gun.
As a Western state, the open carry of loaded or unloaded firearms in public is legal. New Mexico law regulates the concealed carry of a loaded handgun. The law requires citizens to have a state-issued license to carry a concealed loaded handgun in public. In the view of the state, in public means away from your own home, real property, or motor vehicle.
New Mexico residents apply for a license through the Department of Public Safety (DPS). This can occur through a local law enforcement agency. They must submit two sets of fingerprints and a certified copy of a certificate of completion from a DPS-approved firearms safety course of at least 15 hours in duration.
New Mexico is a “shall issue” state. If applicants meet all objective eligibility criteria and pass a criminal background check, they will be issued a concealed handgun license. Permit holders with questions about reciprocity in neighboring states can check the DPS website for updated information.
As in other states, carry laws remain subject to location restrictions. State and federal law may limit where an otherwise law-abiding citizen can take a firearm. In New Mexico, prohibited locations for firearms include:
- Public schools and their premises
- Buses
- Licensed liquor establishments
- University premises
- Adult correctional facilities, prisons, and jails
- Juvenile correctional facilities
- Preschools
- Private property when notice is provided
- Courts
- Tribal land unless authorized by the governing body
Most of these restricted areas come with exceptions for law enforcement officers. There may be other exceptions based on authorization provided by the owner or controller of the property.
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New Mexico Statutes Annotated (N.M.S.A.)
Chapter 29, Law Enforcement, Article 19, Concealed Handgun Carry, Sections 29–19–1 through 29–19–15
- Applicant qualifications — Section 29–19–4
- Application form; screening of applicants — Section 29–19–5
- Limitation on license — Section 29–19–8
- Possession of license — Section 29–19–9
- Validity — tribal land — Section 29–19–10
- Validity — courthouse — Section 29–19–11
Chapter 30, Criminal Offenses, Article 7, Weapons and Explosives, Sections 30–7–1 through 30–7–22
- Unlawful carrying of a deadly weapon — Section 30–7–2
- Unlawful carrying of a deadly weapon on school premises — Section 30–7–2.1
- Unlawful possession of a handgun by a person; exceptions; penalty — Section 30–7–2.2
- Unlawful carrying of firearm on university premises — Section 30–7–2.4
- Unlawful carrying of firearm in licensed liquor establishment — Section 30–7–3
- Negligent use of a deadly weapon — Section 30–7–4
- Negligently making a firearm accessible to a minor — Section 30–7–4.1
- Unlawful sale of firearm without background check — Section 30–7–7.1
- Unlawful purchase or transfer of firearm to another — Section 30–7–7.2
- Carrying weapons prohibited (buses) — Section 30–7–13
- Firearms or destructive devices; receipt, transportation or possession by certain persons — Section 30–7–16
New Mexico does not prohibit specific types of firearms. However, it may be illegal to possess certain firearms such as machine guns, bump stocks, and sawed-off shotguns unless registered in compliance with federal law.
New Mexico does not require a waiting period for purchasing a gun.
Anyone less than 19 years of age cannot possess a handgun in New Mexico, with limited exceptions. There is no minimum age for possession of rifles or shotguns, although hunting under age 18 will require a training certificate.
A person cannot possess any firearm in New Mexico if they:
- Are a convicted felon and it is within 10 years since they completed sentence or probation
- Are a person subject to a qualifying domestic violence protection order in New Mexico or another state
- Are a person convicted of battery against a household member, criminal damage to property of a household member, a first offense of stalking, or federal firearm offenses (See 18 USC Section 922g)
