Weapons Charges in New Mexico

In New Mexico, most adults can legally carry guns and other deadly weapons in public without a license. However, to carry a concealed and loaded firearm, you must have a concealed handgun license. The state also limits gun possession by minors--and bars it completely for some felons and anyone under a protection order. And people who possess guns and other weapons must obey laws that restrict where they can be carried and how they can be used.

If you own a weapon, or are thinking of getting one, it's important to understand how New Mexico's rules apply to you.

New Mexico Gun Laws: Concealed and Open Carry

New Mexico is a so-called "Open Carry" state.

The state constitution guarantees New Mexicans' right to own and carry weapons for lawful purposes. Local governments are constitutionally prohibited from regulating, "in any way," the right to bear arms. So, only the state government can restrict where guns are allowed or who can carry them.

However, the state constitution explicitly says that the right to bear arms does not automatically apply to concealed weapons. So, while it is generally legal to openly carry a loaded handgun or rifle, you must have a permit to carry a loaded and concealed handgun.

(N.M. Const. Art. II, 6.)

Who's Eligible for a Concealed Handgun License?

To qualify for a concealed handgun license, you must complete a firearms training course and be at least 21 years old, a U.S. citizen, and a New Mexico resident (or stationed there in the military). Even so, you'll be denied if you've ever been convicted of a felony (or are under indictment) or certain violent misdemeanors; have a recent DUI, drug, or domestic violence conviction; are addicted to alcohol or illegal drugs; or are otherwise prohibited from gun possession under federal or state law (as discussed below). (N.M. Stat. § 29-19-4 (2025).)

Concealed carry licenses are issued by the New Mexico Department of Public Safety. The department's website has information about the application process and the rules for concealed carry in New Mexico.

Note that your concealed carry license is only valid if you're carrying it with you.

(N.M. Stat. § 29-19-9 (2025).)

Penalties for Carrying Concealed and Loaded Firearms Without a License

You can be charged with a petty misdemeanor in New Mexico if you carry a concealed and loaded firearm or other deadly weapon, unless you:

• have a valid concealed handgun license
• are in your home or on property that you own or rent, or
• are carrying the weapon for protection in a private vehicle.

(N.M. Stat. § 30-7-2 (2025).)

Do You Need a License to Have a Gun in Your Vehicle?

The concealed carry licensing requirement does not apply to so-called "car carry." As the Department of Public Safety notes, you can have a handgun (or other weapon) in your vehicle without a license. However, you can't leave the vehicle with a concealed weapon on your person unless you have a concealed carry license.

Does New Mexico Recognize Other States' Concealed Carry Licenses?

Sometimes a concealed carry license from another state entitles someone to carry a concealed weapon in New Mexico. But it depends on the state. Similarly, a New Mexico license entitles people to carry concealed weapons in certain other states.

The Department of Public Safety has a chart detailing which states recognize New Mexico concealed carry licenses, and which out-of-state licenses are valid in New Mexico.

If you're considering using your concealed carry license in another state, make sure you understand that state's laws. We've already discussed New Mexico's penalties for carrying a concealed and loaded weapon without a license. Other states can impose even more severe penalties, including jail time and the confiscation of your weapon. These penalties can be imposed even if you have a valid out-of-state carry license and thought you were obeying the law.

Places Where Guns are Banned

New Mexico bans or limits gun possession in certain locations, and many of these rules apply even to people with concealed carry licenses. It's important to know these rules if you carry (or plan on carrying) a weapon.

Deadly Weapons at Schools and Universities

Even if you have a concealed carry license, it's against the law to carry any deadly weapon on school property (including K-12 schools and universities) or anywhere school-sponsored activities are taking place. The only exceptions are for people who are:

• older than 19 and keeping a gun in their private vehicle for protection
• participating in a school-approved program or activity that involves firearms, or
• law enforcement officers or school security personnel.

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 (2025) N.M. § Stat. 30-7-2.4 (2025).)

In addition, under federal law, a student who brings a gun to a K-12 school, or possesses a gun on school property, faces expulsion for at least one year. This is a federal law that applies across the country. Local school administrators have leeway to impose a less severe punishment if they think the circumstances warrant it.

(20 U.S. Code § 7961 (2025).)

Carrying Guns in Liquor Stores, Bars, and Restaurants

A patron who carries a gun into an establishment licensed to sell liquor can be charged with a fourth-degree felony.

If you have a concealed handgun license, however, you can bring a 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 (2025).)

Guns and Other Deadly Weapons on Buses

It is a misdemeanor to board a bus with a gun or other deadly weapon. This rule applies to school buses, municipal buses, and private for-hire vehicles that seat 15 passengers or more.

This law applies both to weapons concealed on your person, and to weapons packed in your carry-on luggage. Any gun or other weapon transported by bus must be in a compartment that passengers can't access while the bus is in motion.

There are two exceptions to this rule:

• If it's necessary as part of their jobs, on-duty law enforcement officers and security guards can carry their weapons onto a bus.
• It is legal to carry a weapon onto a bus if you have explicit permission from the bus company (or government agency). Keep in mind that this does not include asking the driver for permission--the approval must come from the organization that runs the bus service.

(N.M. Stat. § 30-7-11 (2025); N.M. Stat. § 30-7-13 (2025); N.M. Stat. § 30-7-15 (2025).)

Additional Limitations on the Possession of Guns and Other Weapons

New Mexico law includes several other restrictions on where people can legally carry firearms. For example:

• Guns are prohibited in courthouses. Concealed carry licenses are not valid in a courthouse without the permission of the facility's presiding judicial officer. (N.M. Stat. § 29-19-11 (2025).) In addition, state courts have rules that bar firearms and other weapons on the premises. For example, Bernalillo County courts prohibit "weapons of any kind," including firearms and ammunition.
• New Mexico licenses are not valid on tribal land. The governing bodies of Indian tribes, nations, and pueblos--not the New Mexico state government--have final say over concealed carry on their land. They can choose to recognize New Mexico concealed carry licenses, but are not required to do so. (N.M. Stat. § 29-19-10 (2025).)
• Guns can be banned on private property. It is illegal to bring a gun onto private property if the owner has posted signs prohibiting it, or has told you it's not allowed. Bringing guns onto private property against an owner's wishes is a form of criminal trespass, which is a misdemeanor. In addition to other penalties, anyone who trespasses while hunting will have their hunting license suspended for at least three years. (N.M. Stat. § 30-14-1 (2025); N.M. Stat. § 30-14-6 (2025); N.M. Stat. § 29-19-12(C) (2025).)

New Mexico also has an outright ban on switchblade knives--anyone who possesses one of these weapons is guilty of a petty misdemeanor. (N.M. Stat. § 30-7-8 (2025).)

Who Cannot Own or Possess a Gun in New Mexico?

The default rule in New Mexico is that it is legal to buy and possess firearms. But that right is restricted for certain categories of people.

Minors. 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).

(N.M. Stat. § 30-7-2.2 (2025).)

Felons and people under protection orders. The state also outlaws possession of any firearm or explosive weapon if:

• you are subject to an "extreme risk firearm protection order" (under New Mexico's version of what's commonly called a red flag law)
• you are subject to a protection order under New Mexico's domestic violence laws
• you were convicted of a felony and completed the sentence or probation within the past ten years; or
• you've been convicted of certain crimes--including stalking, battery against a household member, or criminal damage to a 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.

N.M. Stat. § 30-7-16 (2025); N.M. Stat. § 40-17-11 (2025).)

Illegal Use of Guns and Other Dangerous Weapons in New Mexico

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. (N.M. Stat. § 30-3-8 (2025).)

You'll face petty misdemeanor charges for shooting or handling a weapon under other circumstances, including:

• carrying a gun while under the influence of an intoxicant or narcotic
• 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.

(N.M. Stat. § 30-7-4 (2025).)

In addition, the penalties for various crimes are significantly increased if you use a gun or other deadly weapon. For example, assaulting someone in New Mexico is a petty misdemeanor, punishable by a maximum of six months in jail. But the crime becomes aggravated assault if you use a gun or other deadly weapon--this is a felony punishable by 18 months in prison. (N.M. Stat. § 30-3-1 (2025); N.M. Stat. § 30-3-2 (2025).)

New Mexico also has laws restricting the use of explosives. It is a misdemeanor to negligently set off (or try to set off) explosives. In this context, negligence means that you carelessly acted in a way that caused injuries or property damage, or that risked those consequences. It is a felony to set off explosives maliciously--that is, with the intent either to damage property, or to harm, intimidate, or terrify a person. (N.M. Stat. § 30-7-5 (2025), N.M. Stat. § 30-7-6 (2025).)

Getting Legal Help

If you have specific questions about how New Mexico's rules for firearms and other weapons, you may want to consult with an attorney. If you've been charged with a weapons-related crime, you should speak with a criminal defense lawyer as soon as you can. A criminal conviction—especially for a felony—can carry serious punishment and affect your future. An experienced attorney can explain how the law applies to your situation and help you prepare a strong defense. An attorney can also represent your interests in court and help you negotiate plea bargain if that's your best option.