New Mexico Concealed Weapon Charges

As of July 1, 2010, New Mexico has a law allowing people with concealed weapon permits to carry their handguns in restaurants where beer and wine are the only kinds of alcohol served. In addition, the establishment must derive at least 60 percent of its annual income from selling food for consumption on the premises. New Mexico is a “shall-issue” state, so the Department of Public Safety will issue a permit to all qualified candidates who have completed a firearms safety course. Concealed handgun permits are valid for 4 years from the date of issue.

New Mexico's Weapon Laws

It is legal in New Mexico to openly carry a loaded weapon. However, it is unlawful to carry any firearm in the following places even if the person has a valid concealed weapon permit:

• Any federal building
• All federal properties
• All schools, including preschools and college and university campuses
• State parks
• Public buses
• Airport security zones
• Tribal land (unless authorized by the governing body of the tribe)
• Private property where owners have posted signs prohibiting firearms or have verbally notified any person entering the property
• Bars or any places that primarily serve or sell alcohol, including liquor stores

Gun owners are allowed to have a concealed and loaded weapon in their motor vehicles and on motorcycles and bicycles, but they cannot carry concealed weapons outside their vehicles unless they have valid carry permits.

Concealed Weapon Violations and Penalties

New Mexico has very liberal gun laws, but there are some situations or places where carrying a concealed or deadly weapon will result in the following criminal charges:

Plea Options in New Mexico

Criminal defendants have the right to a speedy trial, which means that in most states they must be brought to trial within 6 months. However, the New Mexico Supreme Court changed this when it ruled in the case of State v. Garza in 2009. The revised guidelines for a speedy trial are as follows:

• 12 months for cases that are simple
• 15 months for cases that have intermediate complexity
• 18 months for complex cases

It is extremely important to know what your plea options are. At the arraignment, the defendant must enter a plea of “guilty,” "not guilty” or “no contest.” If you plead not guilty, the court will set a date for trial. This gives you time to consult with legal counsel and find out how much evidence the prosecution has against you.

Consulting a New Mexico Criminal Defense Attorney

Anyone who has been placed under arrest has the constitutional right to remain silent. This is a wise move because anything you say while in police custody can be used against you at a later date. Depending upon the severity of the charges and your prior criminal record, the judge can decide upon the terms of your release. Whether you are still in jail or free on bail, contact a criminal defense attorney as soon as possible to begin a strong defense on your behalf.