By FindLaw Staff | Legally reviewed by Jeff Burtka, Esq. | Last reviewed June 08, 2021
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Sometimes it seems like the gun control debate will rage forever, with neither side willing to budge. Gun control regulations in the Land of Enchantment attempt to balance the interests of both sides and ensure safety for all. This is a basic overview of gun control laws in New Mexico.
States gun control laws restrict the sale, ownership, and use of firearms, and can vary from state to state. While it's true that the Second Amendment protects the right to own certain arms, states are permitted to regulate who can purchase and buy firearms, how sales can be transacted, and, in some cases, what kinds of weapons and accessories are legal to own.
New Mexico has some of the most liberal gun laws in the nation. There are no outlawed weapons and there is no waiting period to purchase a gun, although convicted felons may not own firearms in the state.
New Mexico's gun control statutes are highlighted below.
Relevant Statutes (Laws) |
New Mexico Statutes, Chapter 29, Article 19, Sections 29-19-1 through 29-19-15
|
|---|---|
Illegal Arms |
New Mexico does not prohibit specific types of firearms. However, federal law prohibits some firearms such as machine guns and sawed-off shotguns. |
Waiting Period |
New Mexico does not require a waiting period for purchasing a gun. |
Who May Not Own |
A person who is younger than nineteen years old cannot possess a handgun. A person cannot possess any firearm if they:
|
License Required? |
New Mexico does not require a license to own a gun. |
Concealed Carry License Required? |
Carrying a concealed loaded firearm in public is prohibited unless a person has a valid concealed handgun license. |
Open Carried Allowed? |
New Mexico has no specific prohibitions against open carry. |
Eligibility for a Concealed Carry License |
New Mexico must issue a concealed handgun license to an applicant who:
|
Machine Gun Laws |
New Mexico law does not prohibit machine gun possession. However, federal law prohibits machine gun possession with limited exceptions. |
Penalties for Illegal Firearm Possession |
|
Penalties for Illegal Possession on or Near School Grounds |
Unlawful carrying of a deadly weapon on school premises is a fourth-degree felony punishable by up to 18 months imprisonment and up to a $5,000 fine. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
It can be hard to know where to turn if you are facing gun crime charges. An experienced defense attorney in your area can help you protect your right to own a gun in the state of New Mexico.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New Mexico attorneys offer free consultations.