Can You Open Carry In New Mexico? Yes, New Mexico generally permits open carry, offering LGBTQ+ travelers and residents certain freedoms regarding firearms. However, understanding the nuances of New Mexico’s gun laws is crucial for safe and legal travels, and gaymexico.net is here to provide that clarity. This guide will delve into New Mexico’s open carry laws, concealed carry regulations, and restrictions, providing essential information for the LGBTQ+ community visiting or residing in the Land of Enchantment.
1. Understanding Open Carry Laws in New Mexico
1.1 What Does Open Carry Mean in New Mexico?
Open carry in New Mexico means you can legally carry a firearm in public, unconcealed, without a permit. This applies to most adults, but it’s important to understand the exceptions and restrictions.
1.2 Who Can Open Carry in New Mexico?
Most adults 18 years or older can open carry in New Mexico, provided they are not otherwise prohibited from owning a firearm under state or federal law. This includes not being a convicted felon, not being subject to a domestic violence restraining order, and not being prohibited due to mental health issues.
1.3 Where Can You Open Carry in New Mexico?
Generally, you can open carry in most public places in New Mexico. However, there are restrictions, including:
- Schools: You cannot carry a firearm, openly or concealed, on school property (K-12 and universities), although there are exceptions for keeping a gun in your private vehicle if you are over 19.
- Liquor Stores and Bars: Carrying a gun is prohibited in places licensed to sell liquor, unless you have a concealed handgun license and the business doesn’t post signs prohibiting firearms.
- Buses: Carrying a gun or other deadly weapon on a school bus, public transit bus, or private for-hire coach is against the law.
- Federal Buildings: Federal law prohibits firearms in federal buildings.
1.4 What are the Restrictions on Open Carry?
While open carry is generally legal, you must adhere to certain restrictions:
- Intoxication: It’s illegal to carry a firearm while under the influence of alcohol or drugs.
- Brandishing: You cannot brandish a firearm in a threatening manner.
- Private Property: Private property owners can prohibit firearms on their property.
1.5 What are the Penalties for Violating Open Carry Laws?
Violations of open carry laws can result in misdemeanor or felony charges, depending on the specific offense. Penalties can include fines, imprisonment, and loss of the right to own firearms.
2. Concealed Carry Laws in New Mexico
2.1 What is Concealed Carry?
Concealed carry means carrying a firearm hidden from public view, either on your person or in a bag or vehicle.
2.2 Do You Need a Permit to Concealed Carry in New Mexico?
Yes, you need a concealed handgun license (CHL) to carry a concealed, loaded firearm in New Mexico.
2.3 Who is Eligible for a Concealed Handgun License?
To be eligible for a CHL in New Mexico, you must:
- Be at least 21 years old.
- Be a U.S. citizen.
- Be a New Mexico resident (or stationed there in the military).
- Complete a firearms training course.
You will be denied a CHL if you:
- Have been convicted of a felony (or are under indictment).
- Have been convicted of certain violent misdemeanors.
- Have a recent DUI, drug, or domestic violence conviction.
- Are addicted to alcohol or illegal drugs.
- Are otherwise prohibited from gun possession under federal or state law.
2.4 How Do You Obtain a Concealed Handgun License?
To obtain a CHL in New Mexico, you must:
- Complete a firearms training course approved by the New Mexico Department of Public Safety.
- Submit an application to the New Mexico Department of Public Safety.
- Provide fingerprints for a background check.
- Pay the required fees.
2.5 What are the Benefits of Having a Concealed Handgun License?
A CHL allows you to carry a concealed firearm in New Mexico and in states that honor New Mexico’s CHL. It also allows you to carry a firearm in liquor stores and restaurants that serve alcohol, unless the business has notices that guns aren’t allowed.
3. Locations Where Firearms are Prohibited
3.1 Schools and Universities
Carrying any deadly weapon on school property (K-12 and universities) or anywhere school-sponsored activities are taking place is illegal, even with a concealed carry license, unless you are:
- Older than 19 and keeping the gun in your private vehicle for protection, or
- Participating in a school-approved program or activity that involves firearms.
Penalties are stiffer for carrying weapons at K-12 schools (a fourth-degree felony in New Mexico) than at universities (a petty misdemeanor). (N.M. Stat. §§ 30-7-2.1, 30-7-2.4 (2020).)
3.2 Liquor Stores, Bars, and Restaurants
Carrying a gun in a place that’s licensed to sell liquor can result in a fourth-degree felony charge. If you have a concealed handgun license, however, you can bring the gun into a liquor store or a restaurant that gets most of its income from food sales, unless the business has notices that guns aren’t allowed. (N.M. Stat. § 30-7-3 (2020).)
3.3 Other Prohibited Locations
- Buses: It’s a misdemeanor to carry a gun or other deadly weapon on a school bus, public transit bus, or private for-hire coach in New Mexico. (N.M. Stat. §§ 30-7-11, 30-7-13, 30-7-15 (2020).)
- Federal Buildings: Federal law prohibits firearms in federal buildings.
- Private Property: Private property owners can prohibit firearms on their property.
4. Restrictions on Firearm Possession
4.1 Age Restrictions
If you’re younger than 19, it’s against the law for you to have a handgun in New Mexico. Exceptions include when you are:
- On property controlled by your parent, grandparent, or legal guardian, and under that person’s supervision
- Attending a gun safety course or practicing at a shooting range
- Legally hunting or trapping, or
- Traveling to or from these activities (but only if the gun is unloaded).
4.2 Prohibited Persons
The state also outlaws possession of any firearm or explosive weapon if you are subject to an “extreme risk firearm protection order” or a protection order under New Mexico’s domestic violence laws, or if you’ve been convicted of certain crimes, including:
- A felony, if you completed the sentence or probation within the past ten years
- Stalking
- Battery against a household member, or
- Criminal damage to household member’s property.
Violations of these prohibitions are generally punished as misdemeanors, except for illegal possession by a felon—which is itself a third-degree felony.
It’s a petty misdemeanor for anyone to have switchblade. (N.M. Stat. §§ 30-7-2.2, 30-7-8, 30-7-16, 40-17-11 (2020).)
4.3 Extreme Risk Firearm Protection Orders
New Mexico has a “red flag law” that allows a judge to issue an extreme risk firearm protection order, which temporarily prohibits a person from possessing firearms if they are deemed a danger to themselves or others.
5. Illegal Use of Firearms
5.1 Discharging a Firearm
It’s a felony in New Mexico to fire a gun at a residence or any occupied building, or to shoot recklessly at or from a vehicle. The penalties depend on whether someone was injured as a result.
5.2 Negligent Handling of a Firearm
You’ll face petty misdemeanor charges for shooting or handling a weapon under other circumstances, including:
- Firing a gun in a way that you know will endanger someone or damage their property
- Firing a gun within 150 yards of a residence or building without the owner’s permission, or
- Negligently handling any deadly weapon in a way that endangers someone
5.3 Explosives
It’s also against the law to set off explosives; penalties depend on your intentions and the resulting injury or damage.
5.4 Enhanced Penalties
Finally, New Mexico increases the penalties for various crimes, such as assault or battery, when they involve a gun or other deadly weapon. (N.M. Stat. §§ 30-3-8, 30-7-4, 30-7-5, 30-7-6 (2020).)
6. LGBTQ+ Safety and Awareness in New Mexico
6.1 General Safety Tips for LGBTQ+ Travelers
- Research your destination: Before you travel, research the LGBTQ+ friendliness of the areas you plan to visit.
- Be aware of your surroundings: Pay attention to your surroundings and avoid areas that seem unsafe.
- Trust your instincts: If a situation feels uncomfortable or unsafe, remove yourself from it.
- Have a plan: Know where you are going and how to get there.
- Stay connected: Let friends or family know your travel plans and check in regularly.
- Know your rights: Understand your rights as an LGBTQ+ person in New Mexico.
6.2 Resources for LGBTQ+ Travelers
- Equality New Mexico: Statewide LGBTQ+ advocacy organization.
- Santa Fe Human Rights Alliance: Local LGBTQ+ advocacy organization in Santa Fe.
- Albuquerque Pride: Organization that produces Albuquerque’s annual Pride celebration.
- gaymexico.net: Comprehensive guide to LGBTQ+ travel in Mexico, with information on safety, destinations, and events.
New Mexico Open Carry Laws
6.3 New Mexico’s Non-Discrimination Laws
New Mexico prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.
6.4 Cultural Sensitivity
While New Mexico is generally LGBTQ+ friendly, it’s important to be aware of cultural differences and sensitivities, especially in rural areas.
7. Self-Defense Laws in New Mexico
7.1 Castle Doctrine
New Mexico has a “castle doctrine,” which means you have the right to use force, including deadly force, to defend yourself or others from imminent danger in your home.
7.2 Stand Your Ground
New Mexico also has a “stand your ground” law, which means you have no duty to retreat before using force in self-defense in any place you have a legal right to be.
7.3 Use of Force
The use of force in self-defense must be reasonable and proportionate to the threat. You cannot use deadly force unless you reasonably believe you are in imminent danger of death or great bodily harm.
8. Legal Considerations for Visitors
8.1 Reciprocity
New Mexico has reciprocity agreements with some states, meaning it recognizes concealed handgun licenses issued by those states. Check the New Mexico Department of Public Safety website for a list of states with which New Mexico has reciprocity.
8.2 Traveling with Firearms
If you are traveling to New Mexico with a firearm, be sure to comply with all federal and state laws regarding transportation and storage of firearms.
8.3 Understanding Local Ordinances
Some cities and counties in New Mexico may have local ordinances that regulate firearms. Be sure to check local laws before traveling with a firearm.
9. Scenarios and Best Practices
9.1 Open Carry in a Restaurant
If you are open carrying in a restaurant that serves alcohol, be aware that the business may have a policy prohibiting firearms. If the business has a sign prohibiting firearms, you must comply with the policy.
9.2 Encountering Law Enforcement
If you are stopped by law enforcement while open carrying, remain calm and cooperative. Inform the officer that you are carrying a firearm and follow their instructions.
9.3 Self-Defense in Public
If you are attacked in public, you have the right to use reasonable force in self-defense. If you are carrying a firearm, you may use deadly force if you reasonably believe you are in imminent danger of death or great bodily harm.
9.4 Storing Firearms
When not carrying a firearm, store it in a safe and secure location, such as a gun safe or lockbox.
10. Staying Informed and Safe
10.1 Monitor Legal Updates
Gun laws are subject to change. Stay informed about the latest laws and regulations by monitoring the New Mexico Department of Public Safety website and consulting with legal professionals.
10.2 Seek Legal Counsel
If you have any questions or concerns about gun laws in New Mexico, seek legal counsel from a qualified attorney.
10.3 Connect with the LGBTQ+ Community
Connect with the LGBTQ+ community in New Mexico for support and resources. Organizations like Equality New Mexico and the Santa Fe Human Rights Alliance can provide valuable information and assistance.
10.4 Share Your Experiences
Share your experiences with open carry and concealed carry in New Mexico to help others in the LGBTQ+ community stay informed and safe.
11. Addressing Common Concerns
11.1 Misconceptions about Open Carry
There are many misconceptions about open carry. It’s important to understand the facts and dispel myths.
11.2 Safety Concerns
Some people have safety concerns about open carry. It’s important to address these concerns with facts and data.
11.3 Impact on Tourism
Some people worry that open carry may have a negative impact on tourism. It’s important to consider the potential impact on tourism and weigh it against the rights of individuals to carry firearms.
12. The Role of gaymexico.net
12.1 Providing Information
gaymexico.net is committed to providing accurate and up-to-date information about LGBTQ+ travel in Mexico, including information about gun laws and safety.
12.2 Promoting Safety
gaymexico.net promotes safety for LGBTQ+ travelers by providing tips and resources for staying safe while traveling.
12.3 Fostering Community
gaymexico.net fosters community among LGBTQ+ travelers by providing a platform for sharing experiences and connecting with others.
13. Conclusion
Understanding New Mexico’s open carry laws is essential for LGBTQ+ travelers and residents. While the state generally permits open carry, it’s crucial to be aware of the restrictions and prohibited locations. By staying informed, seeking legal counsel when needed, and connecting with the LGBTQ+ community, you can ensure your safety and enjoy your time in the Land of Enchantment. gaymexico.net is here to support you with comprehensive information and resources for your travels in Mexico and beyond.
Ready to explore Mexico safely and confidently? Visit gaymexico.net today for comprehensive travel guides, event listings, and community connections.
LGBTQ+ Pride in New Mexico
FAQ: Open Carry in New Mexico
1. Is it legal to open carry in New Mexico?
Yes, generally, New Mexico law allows individuals to openly carry firearms without a permit, subject to certain restrictions and prohibited locations.
2. What are the age requirements for open carry in New Mexico?
You must be 18 years or older to open carry a firearm in New Mexico.
3. Can I open carry in a bar or restaurant in New Mexico?
You can, but it’s illegal to carry a gun in a place that’s licensed to sell liquor unless you have a concealed handgun license and the business doesn’t have notices that guns aren’t allowed.
4. Are there places where I cannot open carry in New Mexico?
Yes, you cannot open carry in schools, on school buses, in federal buildings, and on private property where the owner prohibits firearms.
5. Do I need a permit to open carry in New Mexico?
No, a permit is not required to open carry in New Mexico, but a concealed handgun license is required to carry a concealed firearm.
6. What should I do if I am stopped by law enforcement while open carrying?
Remain calm and cooperative, inform the officer that you are carrying a firearm, and follow their instructions.
7. Can private businesses prohibit open carry on their property?
Yes, private property owners can prohibit firearms on their property, and you must comply with their policies.
8. What is the “castle doctrine” in New Mexico?
New Mexico’s “castle doctrine” allows you to use force, including deadly force, to defend yourself or others from imminent danger in your home.
9. Does New Mexico have a “stand your ground” law?
Yes, New Mexico has a “stand your ground” law, meaning you have no duty to retreat before using force in self-defense in any place you have a legal right to be.
10. Where can I find more information about LGBTQ+ safety in New Mexico?
Visit gaymexico.net for comprehensive travel guides, event listings, and community connections, as well as resources like Equality New Mexico and the Santa Fe Human Rights Alliance.
