Gun Laws in New Mexico

Subject/Law	Long Guns	Handguns	Relevant Statutes	Notes
State permit required to purchase?	No	No		New Mexico does not require any permit to purchase a long gun or handgun.[99]
Firearm registration?	No	No
Assault weapon law?	No	No
Magazine Capacity Restriction?	No	No		There is no magazine capacity restriction.[100]
Owner license required?	No	No
License required for concealed carry?	N/A	Yes	NMSA 29–19–4	Shall-issue to full-time and part-time residents (who hold a valid New Mexico ID/Driver's License), with passage of a criminal history check and mental health records check, and completion of 15-hour handgun safety course that includes live-fire instruction. Active military and law enforcement members and veterans honorably discharged within 20 years of permit application are exempt from training requirement.[101] Permit required to carry concealed loaded firearm on foot. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle. Unlawfully carrying a concealed firearm is a petty misdemeanor that is punishable by up to 6 months in a county jail and/or a fine of up to $500. Except for active-duty military members and dependents permanently stationed in the state, New Mexico does not issue CHLs to non-residents.
License required for open carry?	No	No		It is legal to open carry a loaded rifle and/or handgun in New Mexico without a permit.[102]
Vehicle carry permitted?	Yes	Yes		A loaded firearm may be carried/transported either openly or concealed in a vehicle without a permit.
Out-of-state permits recognized?	N/A	Partial	NMSA 29-19-12	New Mexico recognizes permits from states with reciprocity agreements (currently 24 states).[103] New Mexico law limits reciprocity agreements to states with licensing standards that are substantially similar or more restrictive than New Mexico's.
Duty to Inform?	No	No	NMSA 29-19-9	Although not mandated by state law, it is customary in New Mexico to inform law enforcement officials when transporting firearms. Those who are carrying a loaded pistol or revolver concealed while on foot must carry their CHL with them and present it upon demand by law enforcement.
Concealed Carry on College Campuses?	No	No	NMSA 29-19-8 NMSA 30-7-2.4	Firearms and ammunition may be stored in a locked vehicle while parked on campus, and may be carried while driving in a vehicle on campus, but may not be carried on foot while on campus property or stored in an on-campus facility. Exceptions exist for university-sponsored shooting events and ROTC programs.[104]
NFA weapons restricted?	No	No
State pre-emption of local ordinances?	Yes	Yes	NMSA 29-19-10	As stated in Article 2, Section 6 of the New Mexico Constitution. Tribal laws on Native American reservations not pre-empted. Some tribes recognize New Mexico firearms laws, while others do not and have far more restrictive firearms policies. Additionally, some local jurisdictions have enacted ordinances restricting or banning the discharge of firearms within their boundaries, with exceptions for shooting ranges and designated hunting areas during hunting season.
Castle Doctrine law?	Yes	Yes	NMSA 30-2-7	New Mexico's self-defense statute (NMSA 30-2-7) is vaguely worded and does not specifically address Castle Doctrine or Stand Your Ground situations.[105] However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably feels "threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself."[106] Currently, the courts have limited the scope of Castle Doctrine/Stand Your Ground to self-defense situations occurring inside the defender's home, and neither law nor court precedence provides the defender immunity from lawsuits by the aggressor arising from the use of lethal force in self-defense. Additionally, judicial precedence in New Mexico has established that the use of lethal force is not justifiable in defense of one's property alone.
Duty to Retreat?	No	No	NM UJI 14-5190	A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.
Opt-Out statute?	Yes	Yes	NMSA 29–19–12; NMSA 30–14–6; NMAC 10.8.2.27	Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. Violating these "gun-free" establishments is a full misdemeanor punishable by less than one year in the county jail and/or a fine of up to $1,000 (Criminal Trespass - NMSA 30-14-1).
Peaceable journey laws?	No	No		One may travel through or within New Mexico with a loaded weapon in a vehicle. Federal law pre-empts Native American reservation laws. FOPA is observed.
Red Flag Law?	Yes	Yes	NMSA 40-17 [107]	NMSA 40-17 allows law enforcement officials to petition a judge to order the temporary seizure of firearms from an individual where there is probable cause that the individual will cause harm to themselves or others. Under the law, the subject has the option to surrender his or her firearms within 48 hours of the order, to law enforcement or to a licensed firearms dealer for safekeeping until the order expires or is rescinded. The judge will then schedule a hearing within 10 days to determine based on the preponderance of evidence if the weapons should be returned to the owner, or to issue an Extreme Risk Firearm Protection Order (ERFPO) for up to 1 year. New Mexico's Red Flag law also allows for an individual subject to an ERFPO to sell or transfer seized/surrendered firearms to a licensed firearms dealer or other non-prohibited buyer, after the buyer has passed a NICS background check. Authorities in some rural jurisdictions have refused to enforce New Mexico's Red Flag Law.[108][109]
Background checks required for private sales?	Yes	Yes	NMSA 30-7-7.1	Effective July 1, 2019. Senate Bill 8, which establishes a requirement for NICS background checks for private-party transfers was signed into law on March 8, 2019. Exceptions will exist for active/retired LEO transfers and transfers between immediate family members.[110][111] Some local counties have adopted Second Amendment sanctuary resolutions in opposition to universal background check laws.[112]

Understanding Gun Laws in New Mexico

Gun laws in the United States vary significantly from state to state. In this article, we will focus on the gun laws specific to the state of New Mexico. These laws govern the purchase, possession, and use of firearms and ammunition in the state.

Permits and Registration

In New Mexico, there is no requirement for a state permit to purchase either long guns or handguns. This means that individuals can buy these types of firearms without needing to obtain a specific permit from the state. Similarly, New Mexico does not require the registration of firearms. This means that once you've legally purchased a firearm, you are not required to register it with any state agency.

Assault Weapons and Magazine Capacity

There are no specific laws in New Mexico that address assault weapons. This means that there are no additional restrictions or requirements for owning these types of firearms beyond the standard federal laws. Similarly, New Mexico does not have any laws that restrict the capacity of firearm magazines. This means that there are no limits on the number of rounds that a magazine can hold.

Carrying Firearms

When it comes to carrying firearms, New Mexico has some specific laws. A license is required for concealed carry of handguns. This law applies to both full-time and part-time residents of New Mexico. To obtain this license, individuals must pass a criminal history check and a mental health records check. They must also complete a 15-hour handgun safety course that includes live-fire instruction. However, active military and law enforcement members, as well as veterans honorably discharged within 20 years of permit application, are exempt from the training requirement.

On the other hand, no license is required for open carry in New Mexico. This means that it is legal to openly carry a loaded rifle or handgun without a permit. Additionally, a loaded firearm may be carried or transported either openly or concealed in a vehicle without a permit.

Out-of-State Permits and Duty to Inform

New Mexico has a partial recognition of out-of-state permits. This means that the state recognizes permits from states with which it has reciprocity agreements. However, New Mexico law limits these agreements to states with licensing standards that are substantially similar to or more restrictive than its own.

While there is no legal duty to inform law enforcement officials when transporting firearms, it is customary in New Mexico to do so. Those who are carrying a loaded pistol or revolver concealed while on foot must carry their Concealed Handgun License (CHL) with them and present it upon demand by law enforcement.

Firearms on College Campuses and Red Flag Law

Carrying firearms on college campuses is not permitted in New Mexico. However, firearms and ammunition may be stored in a locked vehicle while parked on campus, and may be carried while driving in a vehicle on campus. They may not be carried on foot while on campus property or stored in an on-campus facility.

New Mexico has a Red Flag Law, which allows law enforcement officials to petition a judge to order the temporary seizure of firearms from an individual where there is probable cause that the individual will cause harm to themselves or others.

Background Checks for Private Sales

As of July 1, 2019, New Mexico requires NICS background checks for private-party transfers. This law, Senate Bill 8, was signed into law on March 8, 2019. Exceptions exist for active/retired law enforcement officer transfers and transfers between immediate family members.

In conclusion, understanding the gun laws in your state is crucial for responsible gun ownership. Always make sure to stay updated with any changes in the law, and when in doubt, consult with a legal expert or your local law enforcement agency.