New Mexico protects the right to bear arms under Article II, Section 6 of the state constitution, but this does not mean that everyone may carry a gun, or that you may always carry a gun wherever you like. New Mexico requires a license to carry a concealed weapon on (or near) you body. (N.M. Stat. Ann.§ 29-19-4.)
For more information on permitting laws, see New Mexico Gun Laws.
The following sections explain who may not have a gun, and the circumstances or situations when carrying a gun is illegal.
People Who May Not Carry a Gun in New Mexico
The following individuals are prohibited from carrying a weapon in New Mexico.
- those younger than 21 years old
- non-United States citizens
- non-New Mexico residents
- those convicted of or under indictment for a felony offense, or who have been convicted of certain crimes involving violence (including domestic crimes), drugs, or alcohol
- fugitives from justice
- people adjudicated as mentally incompetent or who have been committed to a mental institution
- those addicted to alcohol or controlled substances, or
- people prohibited by federal law from possessing a firearm.
(N.M. Stat. Ann.§ 29-19-4.)
Situations or Circumstances Where Carrying a Gun is Illegal
It is illegal to carry a concealed firearm without a permit. But even with a permit, it is illegal to carry weapons:
- on school grounds
- in courthouse facilities
- licensed liquor establishments
- on a public bus
- in a game refuge or state park (certain limited exceptions apply for hunting in state parks), and
- on correctional institution grounds.
Penalties for Gun Carry Violations
It is a petty misdemeanor to carry a deadly weapon without a permit in New Mexico. Penalties include any or all of the following:
- a fine of up to $500
- up to six months in jail
- up to six months probation
- community service, or
(N.M. Stat. Ann.§ 30-7-2.)
Getting Legal Help
The penalties for violating gun carry laws are serious, and often include harsh fines and long jail sentences. If you have any questions about whether you are allowed to carry a gun in New Mexico, or if you are facing charges for a gun violation, consult a qualified criminal defense lawyer.