New Mexico’s gun restrictions are relatively reasonable compared to other states. Whether you participate 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 other sentence, which is why we wrote this NM gun laws 2024 update.
San Miguel County gun crimes defense attorney Marc A. Grano discusses seven 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.
(Note: We originally published this article in 2022 but have republished it with numerous updates due to substantive updates during the most recent regular legislative session and signed into law by New Mexico’s Governor.)
Gun Law #1. There Is a Gun Sale Waiting Period (With 5 Exemptions)
It is now a crime to sell a firearm before a mandatory, 7-day waiting period for the purchase of firearms under NMSA § 30-7-7.3.
However, the law does NOT apply to the following sales:
- Exemption #1. To a buyer who holds a valid federal firearms license
- Exemption #2. To a buyer who holds a valid New Mexico concealed handgun license
- Exemption #3. Selling to a law enforcement agency
- Exemption #4. Sales between two law enforcement officers authorized to carry a firearm
- Exemption #5. Sales between immediate family members
This law went into effect on May 15, 2024.
Gun Law #2. No Firearms Within 100 Feet of Polling Places (With 4 Exemptions)
New Mexico laws banned firearms within one hundred feet of polling places on May 15, 2024, under NMSA § 1-20-24. This law includes polling places and ballot boxes, thereby preventing intimidation and violence as residents exercise their right to vote.
Exemptions are granted to:
- Exemption #1. A certified law enforcement officer in performance of the officer’s official duties
- Exemption #2. A law enforcement officer acting per the policies of the officer’s law enforcement agency
- Exemption #3. A person in a private automobile or other private means of conveyance
- Exemption #4. A person carrying a concealed firearm who has a valid concealed handgun license for that firearm
Gun Law #3. You Do Not Need a Permit to Purchase a Firearm
The Constitution of New Mexico does not mandate a permit before buying a firearm under Article II § 6. However, it only applies to pistols and long guns.
Gun Law #4. 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.
Gun Law #5. 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 the 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 obtaining a concealed carry permit on public property, even with a license.
Gun Law #6. 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.
Gun Law #7. You Face Restrictions
You cannot carry a firearm anywhere despite the state’s relatively moderate and forgiving firearms restrictions. 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
If you are caught carrying a gun on these properties, you will face charges. Ensure you speak with a New Mexico criminal defense attorney about your situation. Your charges may be defensible.
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 permit, 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. For example, a domestic violence (DV) charge prohibits you from owning a firearm.
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, federal law may be more restrictive than New Mexico State law.
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 when retaining as many rights as possible. 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 your Free Case Strategy Session at (505) 426-8711 or message us online. We proudly offer secure video conferencing, or we can travel to you if you cannot meet us at our Las Vegas, New Mexico office.
