New Mexico Gun Control Laws

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)

No. New Mexico does not require a license to own a gun.

Yes. Carrying a concealed loaded handgun in public is prohibited unless a person has a valid concealed handgun license.

New Mexico has no specific prohibitions against open carry. However, there are location restrictions in state and federal law.

To be eligible for a New Mexico concealed handgun license (CHL), you must:

• Be a citizen of the United States
• Be a resident of New Mexico or a member of the armed forces whose permanent duty station is located in New Mexico or a dependent of such a member
• Be 21 years old or older
• Not be a fugitive from justice
• Not be convicted of a felony offense
• Not be under indictment for a felony offense
• Not be otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm
• Not have been adjudicated mentally incompetent or committed to a mental institution
• Not be addicted to alcohol or controlled substances
• Have satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry

New Mexico will deny a concealed handgun license to an applicant who has:

• Received a conditional discharge, a diversion, or a deferment, or has been convicted of, pled guilty to, or entered a plea of no contest to a misdemeanor offense involving a crime of violence within the last 10 years
• Been convicted of misdemeanor driving while under the influence of intoxicating liquor or drugs offense within the last five years
• Been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within the last 10 years
• Been convicted of a misdemeanor offense involving assault, battery, or battery against a household member

New Mexico law does not prohibit machine gun possession. However, federal law places restrictions on and requires the registration of machine guns.

• Unlawful possession of a firearm by a convicted felon is a third-degree felony, punishable by up to three years in prison, a fine of up to $5,000, or both. If the offender qualifies as a serious violent felon, the penalty increases to six years in prison.
• Unlawful purchase or transfer of a firearm to another is a fourth-degree felony, punishable by up to 18 months in prison, a fine of up to $5,000, or both.
• Unlawful carrying of a firearm in a licensed liquor establishment is a fourth-degree felony, punishable by up to 18 months in prison, a fine of up to $5,000, or both.
• Negligently making a firearm accessible to a minor can be a misdemeanor or a fourth-degree felony if it results in great bodily harm or death.
• Unlawful possession of a firearm when subject to a protection order or after conviction of domestic violence, stalking, or based on federal law is a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both.
• Unlawful carrying weapons onto a bus is a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both.
• Unlawful possession of a handgun by a person under 19 years old is a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both.
• Unlawful sale of a firearm without a background check is a misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both.
• Negligent use of a deadly weapon is a petty misdemeanor, punishable by up to six months in jail, a fine of up to $500, or both.
• Unlawful carrying of a firearm on university premises is a petty misdemeanor, punishable by up to six months in jail, a fine of up to $500, or both.
• Unlawful carrying of a deadly weapon is a petty misdemeanor, punishable by up to six months in jail, a fine of up to $500, or both.

Unlawful carrying of a deadly weapon on school premises is a fourth-degree felony, punishable by up to 18 months in prison, a fine of up to $5,000, or both.