New Mexico Gun Laws in Plain English
In New Mexico, you can openly carry a firearm without a permit, and you can keep a loaded gun in your car. However, if you want to carry concealed, you need a permit. You must pass a background check for all purchases, even from private sellers, and wait 7 days to pick up your gun (unless you have a carry permit). There are no bans on 'assault weapons' or magazine sizes, but you can be held liable if a child accesses your gun.
Critical: New Mexico Gun Law Gotchas
These are the most important things to know that could get you arrested or charged with a crime:
- #1The 7-day waiting period (NMSA 30-7-7.3) applies to ALL firearm purchases, not just handguns, unless you have a CCW.
- #2Private sales are illegal without a background check at a dealer (NMSA 30-7-7.1), unless it's to immediate family.
- #3You can carry loaded in your car without a permit, but the moment you step out, you must open carry or have a permit (NMSA 30-7-2).
- #4Marijuana use makes you a prohibited possessor federally, even though it's legal in NM (18 U.S.C. § 922(g)(3)).
- #5Tribal lands (Pueblos/Reservations) are sovereign; state carry laws do NOT apply there, and carry is often prohibited.
- #6In Bernalillo County (Albuquerque), carrying in parks and playgrounds is currently restricted by Public Health Order/Litigation.
- #7You cannot carry on school grounds, even with a permit (NMSA 30-7-2.1).
- #8If a child accesses your gun and brandishes it, you can be charged with a crime (NMSA 30-7-7.2).
- #9You must be 19 to possess a handgun in NM, even though federal law says 18 for private possession (NMSA 30-7-2.2).
- #10Alcohol establishments: You can carry in a restaurant that serves alcohol ONLY if you have a CCW and do not drink. Open carry is prohibited there (NMSA 30-7-3).
- #11You cannot carry on public buses (NMSA 30-7-13).
- #12Constitutional Carry applies to OPEN carry only; concealed carry still requires a permit.
Read these carefully - they cover common mistakes that lead to felony charges.