New Mexico Firearm Law

The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of  as of 4/16/2013. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to the State of New Mexico legislation at www.dps.nm.org . Another great resource is the New Mexico Department of Public Safety.

10.8.2.6 OBJECTIVE:
The purpose of this rule is to implement the Concealed Handgun Carry act by establishing requirements and procedures for issuing licenses to carry concealed handguns and approving instructors and firearms training courses.

10.8.2.7 DEFINITIONS:
In addition to the definitions in NMSA 1978 Section 29-19-2, unless the context clearly indicates otherwise, as used in this rule:

A. act means the Concealed Handgun Carry Act, NMSA 1978 Sections 29-19-1 et seq.;

B. approved instructor means a person to whom the department has issued a permit to provide all or any part of classroom and/or firing range instruction;

C. controlled substance has the meaning given in the New Mexico Controlled Substances Act or a similar act of any other jurisdiction;

D. conviction, when used in connection with a misdemeanor offense involving driving under the influence of intoxicating liquor or drugs, has the meaning given in NMSA 1978 Section 66-8-102;

E. court means any federal, state, county, municipal, or tribal court;

F. instructor applicant means a person seeking a permit as an approved instructor;

G. peace officer has the meaning given in NMSA 1978 Section 30-1-12;

H. person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any legal or commercial entity;

I. respondent means, in the context of 10.8.2.26 NMAC, an applicant, instructor applicant, approved instructor, or licensee;

J. retired peace officer means a New Mexico resident who has retired in good standing from any law enforcement agency with at least fifteen years as a certified police officer or by work related disability;

K. revocation or revoked means the involuntary permanent termination of a license or permit by the department for cause;

L. secretary means the secretary of the department of public safety or his designee;

M. suspended or suspension means the involuntary termination of a license or permit by the department for cause for a specified period of time.

10.8.2.8 FILINGS AND CORRESPONDENCE:
A. To the department.
(1) A person shall address all filings and correspondence relating to hearings held pursuant to this rule to the New Mexico Department of Public Safety, Post Office Box 1628, Santa Fe, New Mexico 87504-1628, Attention: Office of Legal Affairs-Concealed Handgun Section.
(2) A person shall address all filings and correspondence relating to licenses, instructor approval, and all other matters to the New Mexico Department of Public Safety, Concealed Handgun Licensing Unit, 6301 Indian School Road NE, Suite 310, Albuquerque, New Mexico 87110.

B. From the department. The department will send all legal notices and orders required by the act and this rule by certified mail to the last address reported to the department by an applicant, instructor applicant, licensee, or approved instructor; the department will send all other correspondence by regular mail. If a legal notice or order is returned to the department as undeliverable, the department may publish the legal notice or order once in a newspaper of general circulation in the state. The department may take the action proposed in the legal notice or order on the 31st day after the date legal notice is published.

10.8.2.9 INCOMPLETE FILINGS:
The department may refuse to consider an incomplete filing. A filing will be considered incomplete if:
A. it is unsigned;

B. documents that are required to be certified or notarized are not certified or notarized;

C. it omits any information required by law or department rule, form, or order;

D. it is not filed on a department-prescribed form and a form exists for that purpose; or E. the required fee is not filed with the application or is not in the form prescribed in Subsection B of 10.8.2.11 NMAC.

10.8.2.10 DEPARTMENT-PRESCRIBED FORMS:
A. Use required. The department has prescribed forms to carry out certain requirements of this rule. The most current version of a department form must be used when a form exists for that purpose, unless the department waives this requirement.

B. How to obtain. Department-prescribed forms may be obtained:
(1) at New Mexico state police offices throughout the state; or
(2) from the department's website at www.dps.nm.org.

10.8.2.11 APPLICATION REQUIREMENTS FOR A LICENSE:
A. Filing. An applicant must file an application for a license with the department in person or by mail.

B. Fees. All fees required by the act or this rule to be paid to the department shall be in the form of a personal check, cashiers check, certified check, or money order made payable to the New Mexico Department of Public Safety. The department will not accept cash.

C. Completeness. All applications must be complete and legible.
(1) If an application is incomplete, the department will return the application and a letter outlining the deficiencies in the application to the applicant by regular mail. The applicant will have 45 calendar days from the date the letter is postmarked to cure the deficiencies. If the applicant fails to return the application to the department within 45 calendar days from the date the letter was postmarked, the application will be deemed abandoned, the application file will be closed, and all fees paid will be forfeited to the state. The department will send a letter notifying the applicant that the application has been deemed abandoned, the file has been closed, and all fees paid have been forfeited to the state.
(2) If the applicant returns the application to the department within 45 calendar days from the date the initial letter was postmarked but the application is still deficient, the department will return the application and a second letter outlining the deficiencies in the application to the applicant by regular mail. The applicant will have 30 calendar days from the date the second letter is postmarked to cure the deficiencies. If the applicant fails to return the application to the department within 30 calendar days from the date the second letter was postmarked, or returns the application but it is still deficient, the application will be deemed abandoned, the application file will be closed, and all fees paid will be forfeited to the state. The department will send a letter notifying the applicant that the application has been deemed abandoned, the file has been closed, and all fees paid have been forfeited to the state.
(3) An applicant may contact the concealed carry unit by telephone to inquire on the status of their application. Agents may provide the information to the applicant after the applicant has supplied sufficient identifiers such as address, social security number, DOB, etc.

10.8.2.12 OTHER REQUIRED DOCUMENTS FOR A LICENSE:
In addition to the application form, each applicant shall file copies of other documents required by the act or this rule with the department. The copies must clearly show the name of the applicant and all signatures and pertinent information. The department will not accept copies that are too dark, too light, blurry, or otherwise unreadable. An applicant may request the return of original documents by stating so and enclosing a self addressed stamped envelope.

A. Proof of citizenship. In accordance with Paragraph 6 of Subsection B of NMSA 1978 Section 29-19-5, an applicant may prove United States citizenship by filing a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States.

B. Proof of residency.
(1) An applicant may prove residency in New Mexico by filing a copy of a valid New Mexico driver's license or personal identification card issued by the motor vehicle division of the taxation and revenue department and one of the following:
(a) proof that the applicant is registered to vote in New Mexico;
(b) a New Mexico income tax return filed within the last year;
(c) a United States armed forces identification card and orders of permanent duty station in New Mexico; or
(d) other proof acceptable to the department.
(2) Possession by an applicant of a driver's license issued by another state shall create a rebuttable presumption of residency in such other state.

C. Proof of age. An applicant may prove that he or she is 21or more years of age by filing:
(1) a copy of a valid government-issued identification card stating the person's age, and
(2) a certified copy of his or her birth certificate.

D. Proof of handgun competency. Pursuant to Paragraph (4) of Subsection B of NMSA 1978 Section 29-19-5, an applicant shall prove that he or she can competently and safely fire a handgun by filing a certified copy of a certificate of completion for a firearms training course approved by the department issued by an approved instructor not more than 90 calendar days prior to the date the application is filed.
(1) Current certified law enforcement officers employed by a law enforcement agency and residing in New Mexico are not required to attend a civilian firearms training course.
(2) Law enforcement officers who are residents of New Mexico and have retired in good standing within the previous ten years prior to applying for a license are not required to attend a firearms training course.
(3) Law enforcement officers who have been retired longer than ten years at time of application are required to attend a firearms course pursuant to the act.
(4) A department approved concealed handgun carry instructor shall indicate on the application the category and highest caliber they wish to carry.
E. Photographs. To streamline the application process, the department may obtain digital color photographs of an applicant from the motor vehicle division of the taxation and revenue department or another government agency. If the department requests an applicant to provide photographs pursuant to Paragraph (5) of Subsection B of NMSA 1978 Section 29-19-5, the photographs shall be in color, be a minimum of 3 inches by 3 inches, and be a full frontal view of the applicant without a hat, sunglasses, or any other item that would obstruct or alter the features of the applicant. The department will not accept photographs that are too dark, too bright, fuzzy, out of focus, or unclear.
F. Fingerprints. All applicants shall submit 2 full sets of fingerprints that comply with the requirements in NMSA 1978 Section 29-19-5 and 10.8.2.14 NMAC.
G. Application fee. An applicant shall submit a non-refundable application fee of $100.00. Current and retired law enforcement officers are exempt from this fee.

10.8.2.13 LICENSE APPLICATION REVIEW AND ISSUANCE:
A. Time period for review. In accordance with Subsection A of NMSA 1978 Section 29-19-6, the department shall review the application, conduct a national criminal background check of each applicant, and make a determination within 30 days of the date the department receives a complete application and background check.
B. Determination by department.
(1) Approval. If the department finds that the applicant meets the requirements in the act and this rule for issuance of a license, the department shall issue a license.
(2) Denial. If the department finds that the applicant does not meet the requirements for issuance of a license, the department shall issue an order of denial in accordance with 10.8.2.26 NMAC. The order of denial shall cite the particular requirements of the act or this rule that the applicant has failed to meet.
C. Information on license. In addition to the information required by Subsection C of NMSA 1978 Section 29-19-6, a license to carry a concealed handgun may include:
(1) a physical description of the licensee, including his or her race or national origin, sex, hair color, eye color, height, and weight;
(2) the state seal;
(3) instructions to the licensee; and
(4) other information as determined by the department.
D. Effective date and term of license. Original and renewed licenses are effective for four years from the date of issuance by the department. Replacement licenses and licenses that have been endorsed to add another category or highest caliber of handgun shall expire on the date the replaced license would have expired.
E. Dual licenses prohibited. A licensee may not own or possess more than one New Mexico license to carry a concealed handgun. A license to carry a concealed handgun shall indicate all categories and highest calibers of handguns the licensee is authorized to carry concealed in New Mexico.

10.8.2.14 FINGERPRINTING OF APPLICANTS:
In accordance with Paragraph (3) of Subsection B of NMSA 1978 Section 29-19-5, all applicants shall submit two full sets of fingerprints. The department may refuse to accept fingerprints it determines are not legible and classifiable.

A. Responsibilities of applicant. The applicant must present the following documents to the person recording his or her fingerprints:
(1) a valid government-issued photographic identification card; and
(2) the two blank fingerprint cards and instruction page supplied by the department.

B. Responsibilities of person recording the fingerprints.The person who records the applicant's fingerprints shall:
(1) verify that the government-issued photographic identification card is of the person being fingerprinted;
(2) either complete or verify the accuracy of the non-fingerprint data being filed on the card;
(3) record the applicant's fingerprints on the card, in a manner consistent with that normally required for an arrest fingerprint card, including the simultaneous impressions;
(4) obtain the signature of the applicant on both fingerprint cards;
(5) sign the fingerprint card; and
(6) return all documents to the applicant who shall forward them to the department.

10.8.2.15 FIREARMS TRAINING FOR APPLICANTS AND LICENSEES:
Department approved firearms training course.
(1) An applicant seeking a license shall satisfactorily complete an initial firearms training course approved by the department that includes at least 15 hours of classroom and firing range instruction on the subjects specified in Subsection A of NMSA 1978 Section 29-19-7 except:
(a) a department approved instructor; or
(b) a current law enforcement officer; or
(c) a retired law enforcement officer who has been retired 10 years or less at time of application; and
(d) a retired law enforcement officer who has been retired longer than 10 years is required to attend a firearms training course as per the act.
(2) A licensee shall complete a two (2) hour refresher course two years after the issuance of an initial or renewed license which shall be range qualification of their approved caliber of handgun and the instructor shall notify the department within thirty (30) days on a form prescribed by the department.
(3) A licensee seeking renewal of a license shall satisfactorily complete a refresher firearms training course approved by the department that includes at least 4 hours of classroom and firing range instruction on the subjects specified in Subsection A of NMSA 1978 Section 29-19-7.
(4) The department may suspend a license if the licensee does not comply with the refresher requirements. Upon complying, the licensee shall submit a $5.00 reinstatement fee.
B. Competency demonstration.
(1) An applicant or licensee shall demonstrate competency in the safe use of each category and highest caliber of handgun for which he or she seeks certification by firing the handgun with live ammunition at a target no larger than 12 inches wide and 18 inches high.
(2) An applicant or licensee shall fire 15 rounds from three yards and 10 rounds from seven yards.
(3) An applicant or licensee shall score 4 points for each shot that hits within the scoring line and zero points for each shot that hits outside the scoring line. An applicant must obtain a score of 72% to pass the competency demonstration.
C. Determination of competency. An approved instructor shall determine whether or not to issue a certificate of completion based on the applicant or licensee's score on the competency demonstration and the applicant or licensee’s knowledge and understanding of the subjects specified in Subsection A of NMSA 1978 Section 29-19-7.
D. Certificates of completion. An approved instructor shall issue a certificate of completion to each applicant who demonstrates competency in the safe use of the categories and calibers of handguns for which he or she seeks licensure as prescribed in Subsections B and C of this section. The certificate of completion shall include the name and date of birth ofthe applicant, the printed name and signature of the approved instructor who scored the competency demonstration, the date the applicant completed the firearms training course, all categories and calibers of handguns for which the applicant demonstrated competency, and a unique number consisting of the instructor number assigned by the department and a sequential number.

10.8.2.16 TERMS AND CONDITIONS OF LICENSE:
A. Carrying only handguns listed on license. No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. A licensee shall only carry one (1) concealed handgun at any given time.
Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.
A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun.
A licensee shall not deface, alter, mutilate, reproduce, lend, transfer, or sell a license. A licensee shall adhere to NMSA 1978 Section 30-7-4 as it pertains to negligent use of a deadly weapon.  In addition to other limitations stated in the act, a licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.  As used in Subsection C of NMSA 1978 Section
29-19-8, preschool means a child care facility, whether home-based or center-based, whether or not the facility is licensed, registered, or regulated, that provides care to infants, toddlers, and children aged 5 and younger.  No person who is not a law enforcement officer, may carry a badge, patch, card, or any other indication of authority to carry a concealed handgun in New Mexico other than the license issued by the department or a license issued by a state that has been accepted by transfer, recognition or reciprocity by New Mexico pursuant to the act.  A licensee shall, within 10 calendar days, notify the department in writing of any of the following:
(1) adjudication of mental incompetence;
(2) commitment to a facility for the treatment of mental illness;
(3) commitment to a facility for treatment of addiction to alcohol, controlled substances, or other drugs;
(4) issuance of an order of protection by a court;
C. Carrying while impaired.
D. Display of license on demand.
E. Prohibited acts.
F. Carrying prohibited on private property.
G. Carrying prohibited in preschools.
H. Indicia of licensure.
I. Notice of change in circumstances.carrying a concealed handgun.
B. Consumption of alcohol prohibited. No person shall consume alcohol while
(5) indictment for or charge with a felony or one of the misdemeanor offenses described in Subsection B of NMSA 1978 Section 29-19-4;
(6) is no longer a full time salaried law enforcement officer; and
(7) is required to turn in the license within 10 calendar days of the change.

10.8.2.17 LICENSE RENEWAL AND TRANSFER:
A. To renew a New Mexico license. A licensee may file an application for a renewed license on the form prescribed by the department.
(1) The licensee may file the application anytime from 60 calendar days before the license expires until 60 calendar days after the license expires. If the license has expired, a licensee shall not carry a concealed handgun until he receives his renewed license.
(2) The licensee shall complete a refresher firearms training course prior to filing the application.
(3) The licensee shall file with the department:
(a) 2 full sets of fingerprints as required by NMSA 1978 Section 29-19-5 and

(b) a certified copy of a certificate of completion for a refresher firearms training course approved by the department issued by an approved instructor not more than 90 days prior to the date the application is filed; and
(c) a nonrefundable $75.00 renewal fee;
(d) a copy of New Mexico drivers license or other government issued identification which contains a picture.

B. To transfer a license from another state. A person seeking to transfer a license from another state may file an application for a New Mexico renewed license on the form prescribed by the department. An applicant for transfer shall not carry a concealed handgun in New Mexico until the applicant receives a New Mexico license unless they have a license from a state that has been accepted by transfer, recognition or reciprocity by New Mexico.
(1) In addition to the filings required by Paragraph 3 of Subsection A of this section, the applicant for transfer shall file:
(a) proof of citizenship as provided in Subsection A of 10.8.2.12 NMAC;
(b) proof of residency as provided in Subsection B of 10.8.2.12 NMAC;
(c) proof of age as provided in Subsection C of 10.8.2.12 NMAC; and
(d) a photocopy of the license being transferred.
(2) The applicant for transfer shall complete:
(a) a refresher firearms training course if the firearms training required by the other state meets or exceeds New Mexico firearms training requirements and the licensee completed firearms training not more than 1 year prior to filing the application; or
(b) an initial firearms training course if the firearms training required by the other state does not meet New Mexico firearms training requirements or the licensee completed firearms training more than 1 year prior to filing the application.
(3) The applicant for transfer must meet all other requirements for obtaining a license in New Mexico by showing either that:
(a) the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
(b) the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.

C. Time period for review. As prescribed in Subsection A of NMSA 1978 Section 29-19-6, the department shall review the application for a renewed license, conduct a national criminal background check of each applicant for a renewed license or transfer of a license from another state, and make a determination within 30 days of the date the department receives a complete application and background check.

D. Determination by department.
(1) Approval. If the department finds that the applicant for a renewed license or transfer of a license from another state meets the requirements in the act and this rule for a renewed license, the department shall issue a license.
(2) Denial. If the department finds that the applicant does not meet the requirements for a renewed license or transfer of a license from another state, the department shall issue an order of denial in accordance with 10.8.2.26 NMAC. The order of denial shall cite the particular requirements of the act or this rule that the applicant has failed to meet.

10.8.2.18 ADDITIONAL HANDGUN ENDORSEMENT:
If a licensee wishes to add another category or additional higher calibers of handguns to his license, the licensee shall file with the department an application for a renewed license. The licensee shall also submit a certified copy of a certificate of completion from an approved instructor stating that the licensee has demonstrated competency on a firing range for each additional category and caliber of handgun, his current license, and a $5.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue a renewed license within 10 days of receipt of the application. The renewed license shall expire on the same date as the original license would have expired. In accordance with NMSA 1978 Section 29-19-9, a licensee shall not carry a concealed handgun until he receives the renewed license.

10.8.2.19 REPLACEMENT LICENSE:
A. Change of name address, or status;
(1) A licensee who changes his or her name, address or law enforcement status shall file within 30 days:
(a) an application for a replacement license on the form prescribed by the department;
(b) if applicable, a certified copy of a legal document proving the change of name; and
(c) a nonrefundable $5.00 processing fee; and
(d) if applicable, proof of reemployment with a law enforcement agency.
(2) The department will issue a replacement license within 10 days of receipt of the application.

B. Loss, theft, or destruction of license: A licensee who loses his license or whose license is stolen or destroyed shall file a police report within 10 working days of the date the licensee discovers the loss, theft, or destruction of the license. The licensee shall not carry a concealed handgun until he obtains a replacement license. A licensee who seeks to replace a license that is lost, stolen, or destroyed shall file with the department:
(1) an application for a replacement license on the form prescribed by the department;
(2) the case number of the police report;
(3) a notarized statement made under oath that the license was lost, stolen or destroyed; and
(4) a nonrefundable $5.00 processing fee.

10.8.2.20 ENFORCEMENT:
A. Authority to disarm. A peace officer acting in the lawful discharge of his official duties is authorized to disarm a licensee at any time the peace officer has probable cause to believe it is necessary for the protection of the licensee, peace officer or other individual. The peace officer shall return the handgun to the licensee before dismissing the licensee from the scene when the peace officer has determined that the licensee is not a threat to himself, the peace officer, or other individuals, provided that the licensee has not violated any provision of the act or this rule, or committed any other violation which could result in arrest of the licensee. If the peace officer has probable cause to believe that the handgun is stolen, has an altered serial number, or has been used in the commission of a crime, the peace officer shall hold the handgun in evidence and shall submit a copy of his or her agency report to the department within 10 working days.

B. Authority to confiscate license. A peace officer may confiscate a license if the licensee has violated any provision of the act or this rule, or committed any other violation that could result in arrest of the licensee. If the licensee has committed a violation of the act or rule warranting suspension or revocation of the license, the officer shall file an affidavit of violation as provided in Subsection B of 10.8.2.21 NMAC.

10.8.2.21 SUSPENSION AND REVOCATION OF A LICENSE:
A. Grounds. The department may suspend or revoke a license if the licensee:
(1) is found to have violated any provision of the act or this rule;
(2) is a fugitive from justice, in accordance with Paragraph (4) of Subsection A of NMSA 1978 Section 29-19-4;
(3) is convicted of a felony, in accordance with Paragraph (5) of Subsection A of NMSA 1978 Section 29-19-4;
(4) is under indictment for a felony criminal offense, in accordance with Paragraph
(6) of Subsection A of NMSA 1978 Section 29-19-4;
(5) is prohibited by law from purchasing or possessing a firearm, in accordance with Paragraph (7) of Subsection A of NMSA 1978 Section 29-19-4;
(6) is adjudicated mentally incompetent or committed to a mental institution, in accordance with Paragraph (8) of Subsection A of NMSA 1978 Section 29-19-4;
(7) is addicted to alcohol or controlled substances, in accordance with Paragraph (9) of Subsection A of NMSA 1978 Section 29-19-4;
(8) receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendre to a misdemeanor offense involving a crime of violence within ten years immediately preceding the application, in accordance with Paragraph (1) of Subsection B of NMSA 1978 Section 29-19-4;
(9) is convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs, in accordance with Paragraph (2) of Subsection B of NMSA 1978 Section 29-19-4;
(10) is convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application, in accordance with Paragraph (3) of Subsection B of NMSA 1978 Section 29-19-4;
(11) is convicted of a misdemeanor offense involving assault, battery or battery against a household member, in accordance with Paragraph (4) of Subsection B of NMSA 1978 Section 29-19-4; or
(12) is subject to a valid protective order issued by a court.

B. Affidavit of violation by a licensee. If a peace officer believes there is probable cause to suspend or revoke a license, the peace officer shall prepare an affidavit on a form prescribed by the department. The affidavit shall cite the provision of law that was violated. The peace officer shall file the affidavit and any other reports or information relating to the licensee available to the officer with the department within 10 working days of the date the peace officer learns of the violation.

C. Notice of suspension or revocation and surrender of license. The department shall review the affidavit and attachments, and, if the department finds probable cause to suspend or revoke the license, may issue an order of suspension or revocation to the licensee advising the licensee of his right to a hearing in accordance with 10.8.2.26 NMAC. If the licensee elects not to request a hearing, the licensee shall surrender his license to the department within 15 calendar days of the expiration of the period for requesting a hearing.

D. Term of suspension or revocation and reapplication.
(1) The department may suspend a license for up to one year. The licensee may file an application to renew the license upon expiration of the term of suspension.
(2) The department may revoke a license. The person whose license was revoked may file an application for another license no earlier than one year from the date the license was revoked.
(3) The license of a current law enforcement officer shall expire on the date the officer leaves employment unless the officer has been hired by another law enforcement agency in New Mexico with written proof provided by the licensee.

10.8.2.23 BACKGROUND INVESTIGATIONS OF APPLICANTS AND INSTRUCTOR APPLICANTS:
A. Central office. The department shall conduct a state and national criminal background check, and a court records check for protective orders, of each applicant for an original, transferred or renewed license. The department shall conduct a state criminal background check, and a court records check for protective orders, of each instructor applicant for an original or renewed permit. The department may require certain applicants to provide information or execute documents to enable the department to obtain criminal history records of disposition of charges. The department may conduct such other investigation of an applicant as the department deems necessary to determine an applicant's suitability for a license or permit.

B. In the field. The department may assign an agent or police officer to conduct a field background investigation of an applicant or instructor applicant. Upon completion of the investigation, the agent or police officer shall prepare a report of the results of the investigation.

10.8.2.27 PROHIBITING THE CARRYING OF CONCEALED HANDGUNS ON PRIVATE PROPERTY:
Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering upon the property.

OFF LIMITS
29-19-8. LIMITATION ON LICENSE
A. Nothing in the Concealed Handgun Carry Act [29-19-1 NMSA 1978] shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.

B. Nothing in the Concealed Handgun Carry Act [29-19-1 NMSA 1978] shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on school premises, as provided in Section 30-7-2.1 NMSA 1978.

C. Nothing in the Concealed Handgun Carry Act [29-19-1 NMSA 1978] shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on the premises of a preschool.

D. It is unlawful for any person without prior approval from the (bus) company to board or attempt to board a bus while in possession of a firearm or other deadly weapon upon his person or effects and readily accessible to him while on the bus. NMSA 1978, Section 30-7-13.

29-19-9. POSSESION OF LICENSE
A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun.

29-19-10. VALIDITY OF LICENSE ON TRIBAL LAND
A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.

30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED LIQUOR ESTABLISHMENTS.
A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:
(1) by a law enforcement officer in the lawful discharge of the officer's duties;
(2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer’s law enforcement agency;
(3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;
(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act; provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises;
(5) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;
(6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or
(7) for the purpose of temporary display, provided that the firearm is:
(a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and
(b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.

B. Whoever commits unlawful carrying of a firearmin an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

10.8.2.28 DEPARTMENTAL IMMUNITY: The department, or any employee of the department, shall not be criminally or civilly liable for acts:
A. performed by the department or employee in good faith based on information available to the department or employee at the time the act was performed;

B. committed by a licensee unless the department or employee had actual knowledge at the time the license was issued that the licensee was prohibited by law from being issued a license; or

C. committed by a person approved by the department or employee to offer a firearms training course.

10.8.2.29 RECIPROCITY:
The secretary or his designee shall have discretionary authority to afford transfer, recognition or reciprocity to a concealed handgun license issued by another state, transfer, recognition or reciprocity.

A. Transfer, recognition or reciprocity may be granted if the other state:
(1) issues a license or permit with an expiration date printed on the license or permit;
(2) is available to verify the license or permit status for law enforcement purposes within three business days of request;
(3) has disqualification, suspension and revocation requirements for a concealed handgun license or permit;
(4) requires that an applicant for a concealed handgun license or permit submit to a national criminal history records check;
(5) requires that an applicant not be prohibited from possessing firearms pursuant to federal or state law; and
(6) requires that an applicant satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship.
B. Each state which the department has afforded transfer, recognition or reciprocity shall be listed on the department’s web page.

The State of New Mexico will honor a concealed weapon permit/license from the below states:
Arizona, Arkansas, Colorado, Delaware, Florida, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Virginia, West Virginia

A New Mexico Concealed Handgun Permit is honored in the states listed below:
Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming

10.8.2.30 CURRENT LAW ENFORCEMENT OFFICERS:
A. Any current law enforcement officer residing in New Mexico shall be allowed to obtain a five year concealed handgun carry license by submitting:

(1) by submitting all forms as required in section 10.8.2.11 of these rules; and
(2) a letter from their agency head verifying that the applicant is employed in good standing and is qualified under 29-19-4 of the Act; and
(3) a copy of their law enforcement certification and number; and
(4) a copy of their latest firearms qualification score with category and caliber designated, signed and dated by the authorized firearms instructor conducting the course.
B. An application may be denied if:
(1) the head of the law enforcement agency employing the officer requests in writing that a license not be issued and supplies sufficient information to enable the department to determine if the denial should be granted; or
(2) if the applicant is pending criminal charges or serious administrative allegations involving their conduct as a law enforcement officer.
C. The agency and applicant will be notified in writing of the departments’ decision. If denied, the applicant may follow the appeal process.
D. The applicants’ agency will be notified of any disqualifying information that may become known during the background check.
E. A license issued under this section must be turned in when the officer is no longer employed by a law enforcement agency.

10.8.2.31 RETIRED LAW ENFORCEMENT OFFICERS:
Any retired law enforcement officer shall be allowed to obtain a five year concealed handgun carry license under the following requirements:

A. by submitting all forms as required in section 10.8.2.11 of these rules; and
B. is a resident of the state of New Mexico; and
C. has retired from a law enforcement agency after a minimum of 15 years employment, unless the retirement was due to a job related disability; if the 15 years is with more than one agency, the applicant must obtain a letter from each agency verifying such employment; and
D. submits a letter from the agency they retired from which indicates they retired in good standing with the effective date of retirement; and
E. submits a copy of their last firearms qualification score indicating category and caliber designation and is dated and signed by the departments firearms instructor; if the officer has
been retired longer than ten years at the time of the application, the officer must take a firearms course as per the act; and
F. submits a copy of their law enforcement certification and number; and
G. qualifies and adheres to the provisions of the act and these rules.

FIREARM TRANSPORTATION
An individual older than nineteen years of age can possess a firearm.

NMSA 1978, Section 30-7-2 It is unlawful to carry a concealed loaded firearm, with certain exceptions:
• In a person’s residence or on his or her property,
• in a private vehicle,
• by a peace officer in accordance with the policies of his or her agency.
• by a person who has a license under Concealed Handgun Carry Act,

NMSA 1978, Section 30-7-2.1 A person can lawfully carry a deadly weapon, on school premises, in a private automobile for lawful protection of the person or another person or property, if the person is older than
nineteen years of age.

NOTE: (The below Paragraph is directly from the New Mexico Department of Public Saftey website, Concealed Carry Information FAQ section.)

New Mexico law allows a person who is not otherwise prohibited to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). See 30-7-2 NMSA 1978. If you are not licensed to carry concealed in this State or in a state that NM recognizes, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

If you have questions about our course, feel free to email us at info@shootsafe.org.  Make sure you include your name, the state whose permit you are pursuing, and if you need a call back, a phone number.  We're happy to help.