{"id":375137,"date":"2016-03-31T21:36:02","date_gmt":"2016-04-01T02:36:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-gun-control-laws.html"},"modified":"2024-10-30T13:29:00","modified_gmt":"2024-10-30T18:29:00","slug":"new-mexico-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-gun-control-laws.html","title":{"rendered":"New Mexico Gun Control Laws"},"content":{"rendered":"\n
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New Mexico Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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. <\/p>\r\n

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<\/a> of firearms in Albuquerque and Bernalillo County. Gun rights proponents challenged her orders in court. The Governor later amended her orders.<\/p>\r\n

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.<\/p>\r\n

A discussion of gun laws begins with federal law. The Second Amendment<\/a> of the U.S. Constitution protects the rights of citizens to bear arms for lawful purposes such as self-defense. <\/p>\r\n

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<\/a>. 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.<\/p>\r\n

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. <\/p>\r\n

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.<\/p>\r\n

Gun Control Laws in New Mexico<\/h2>\r\n

New Mexico residents must comply with federal firearms law as well as state firearms laws. State gun control laws<\/a> restrict the sale, ownership, and use of firearms, and vary from state to state. <\/p>\r\n

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.<\/p>\r\n

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.<\/p>\r\n

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.<\/p>\r\n

New Mexico Gun Statutes<\/h2>\r\n

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.<\/p>\r\n

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. <\/p>\r\n

New Mexico residents apply for a license through the Department of Public Safety<\/a> (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. <\/p>\r\n

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.<\/p>\r\n

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:<\/p>\r\n