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Carrying a Firearm

Section 30-7-2 — a concealed loaded firearm is unlawful away from home and car, without a license

Unlawful carrying of a deadly weapon, a petty misdemeanor, is carrying a concealed loaded firearm or any other deadly weapon anywhere except in these cases.

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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

  • In the person's residence, or on real property they own, lease, rent or are licensed to use.
  • In a private automobile or other private conveyance, for lawful protection of the person's or another's person or property.
  • By a peace officer acting under the agency's policies.
  • By a person holding a valid concealed handgun license under the Concealed Handgun Carry Act.

Nothing in the section prevents carrying an unloaded firearm. Carrying a deadly weapon means having it on the person, or close enough to be readily accessible for use.

A concealed handgun license applicantAs the act requires
A concealed handgun license applicantAgeAs the act requiresTwenty-one or older
A concealed handgun license applicantCitizenship and residenceAs the act requiresA United States citizen, and a New Mexico resident or a service member stationed in the state, or a dependent
A concealed handgun license applicantRecordAs the act requiresNo felony conviction and no pending felony indictment
A concealed handgun license applicantTrainingAs the act requiresA department approved firearms course for the category and largest caliber to be carried

The department denies a license to an applicant convicted of a misdemeanor DWI within five years, of a misdemeanor crime of violence or controlled substance offense within ten years, or ever of misdemeanor assault, battery or battery against a household member. A licensee has the license on them whenever carrying a concealed handgun.

Sources for this section (4)
  1. NMSA 1978, § 30-7-1 — "Carrying a deadly weapon"
  2. NMSA 1978, § 30-7-2 — Unlawful carrying of a deadly weapon
  3. NMSA 1978, § 29-19-4 — Applicant qualifications
  4. NMSA 1978, § 29-19-9 — Possession of license

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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