New Mexico Concealed Carry Firearm Laws

New Mexico: Gun Laws Summary

New Mexico is a shall-issue state for concealed carry permits, which are issued by the Department of Public Safety at the state level. As of July 1, 2019, background checks are required for private sales of firearms under SB-8. Exceptions to this law include sales between law enforcement officers or immediate family members. Open carry is legal in New Mexico without a license for individuals who are at least 19 years old and can legally possess a firearm. A New Mexico Concealed Handgun License (CHL) is required for residents and a permit from a state that New Mexico honors is required for non-residents to carry a concealed loaded firearm on foot.

Self-Defense

New Mexico law allows for justifiable homicide in cases of necessary defense of life, family, a third party, or property. It is also justifiable when committed in the lawful defense of oneself or another when there is reasonable ground to believe a design exists to commit a felony or to do some great personal injury and there is imminent danger. A defendant who kills another in self-defense while standing their ground must show that they were placed in reasonable fear of immediate death or great bodily harm, used reasonable force to avoid the threat, and did not instigate the encounter.

Castle Doctrine

Although there is no specific statute establishing the Castle Doctrine, a 1946 state supreme court ruling in State v. Couch stated that “a person who is threatened with an attack need not retreat. In the exercise of their right of self-defense, they may stand their ground and defend themselves.” [N.M. Stat. Ann. § 30-2-7]

Stand Your Ground

New Mexico law allows a person to stand their ground and defend themselves in the necessary defense of their life, family, a third party, or property. [N.M. Stat. Ann. § 30-2-7]

New Mexico: Gun Laws at a Glance


License to Carry Concealed Firearm	New Mexico is a shall-issue state.
Constitutional Carry	No. New Mexico does not allow constitutional carry.
Open Carry	Yes, without a license. Any person who is at least 19 years old and legally entitled to possess a firearm can open carry. [N.M. Admin. Code §10.8.2.16]
Minimum Age for Concealed Carry License	The minimum age to concealed carry in New Mexico is 21.
Concealed Carry of Weapons Other Than Handguns	No. State law limits concealed carry license holders to carrying one concealed gun at any given time. Any number of firearms can be openly carried. [N.M. Admin. Code §10.8.2.16]
Tasers and Stun Guns	Yes. Stun guns and Tasers are legal to purchase and possess without a license.
Chemical Spray/Pepper Spray	Yes. There is no statute prohibiting the purchase or use of pepper spray in New Mexico.
Magazine Capacity Restrictions for Handguns	No. New Mexico does not have magazine capacity restrictions.
Ammunition Restrictions	No. New Mexico does not have ammunition restrictions.

New Mexico: Carry Locations


Can you carry a concealed firearm at roadside rest areas in New Mexico?	Yes, with a New Mexico Concealed Handgun License or a permit from a state that New Mexico honors.
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in New Mexico?	Yes, with a New Mexico Concealed Handgun License or a permit from a state that New Mexico honors, for state/national parks and forests. See the National Parks webpage for links to each Park in New Mexico. No for WMAs. [N.M. Admin. Code 19.5.2.21]
Can you carry or possess a firearm on hotel property in New Mexico?	Home and business owners may legally forbid firearms on their property and/or in their buildings with appropriately displayed signage stating such prohibition. The individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [N.M. Admin. Code 10.8.2.16]
Does New Mexico have laws relating to storing firearms in private vehicles in an employee parking lot?	Not addressed in New Mexico state law, although employers may have a policy.
Can you carry a concealed handgun in a vehicle in New Mexico?	Yes, (including motorcycles and bicycles) without a license for anyone 19 or older who is not otherwise prohibited from possessing a firearm. If you don’t have a license, you may not have the weapon concealed on your person when you exit your vehicle. [N.M. Stat. Ann. § 30-7-3]
Can you carry a concealed firearm in bars and restaurants that serve alcohol in New Mexico?	You may conceal carry exclusively in restaurants licensed to sell only beer and wine that derive no less than 60% of their annual gross receipts from the sale of food for consumption on the premises, with a New Mexico CHL or a permit from a state that New Mexico honors, unless posted (or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant). Carry is not permitted in bars or restaurants that serve hard liquor. [N.M. Stat. Ann. § 30-7-3]

New Mexico: Key State Laws


Do you have a duty to inform a police officer that you’re carrying a concealed firearm in New Mexico?	No. There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in New Mexico. [source]
Is my New Mexico driver’s license linked to my New Mexico carry license?	Yes. Your New Mexico driver’s license is linked to your New Mexico concealed handgun license. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license. [source]
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.	Yes. 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. [source]
Does New Mexico have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	Yes, the state has preemption of firearms laws in New Mexico. [source]
Does New Mexico have a red flag law?	New Mexico has a red flag law that took effect on May 20, 2020. It allows law enforcement officers to file a petition ordering the respondent to surrender all firearms which the respondent then controls, owns or possesses and further enjoins the respondent from purchasing, receiving or attempting to purchase, possess or receive any firearm while the order is in effect. [source]
Does New Mexico state law define brandishing?	No definition of brandishing was found in New Mexico law. [source] Any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery with a deadly weapon. [source]
Does New Mexico issue concealed carry licenses to non-residents?	Yes, but only for members of the military stationed in NM and their dependents. [source]
Does New Mexico allow the public to access concealed carry registry information through public records law?	No, however, the information is available for law enforcement. [source]
Does New Mexico have laws regarding carrying a concealed firearm while using alcohol or drugs?	Not while consuming alcohol or while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications. [source][source 10.8.2.16B] As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

New Mexico: Handgun Purchase and Possession


Is a permit required to purchase a handgun in New Mexico?	No. A permit is not required to purchase a handgun in New Mexico.
Are there exceptions?	Yes. As of July 1, 2019, private sales have to be administered by a licensed federal firearms dealer who will run a background check. This requirement is subject to certain narrow exceptions, including sales between immediate family members. An immediate family member is defined as a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle. [N.M. Stat. Ann. § 30-7-7.1(B)(4)]
Does my current New Mexico concealed carry license exempt me from needing a background check when I purchase a firearm?	No.
Is there a waiting period after purchasing a handgun in New Mexico?	No. New Mexico does not have a waiting period after purchasing a handgun.
Do handguns need to be registered in New Mexico?	No. Handguns do not need to be registered in New Mexico.
What is the minimum age to possess and transport a handgun in New Mexico?	The minimum age to possess and transport a handgun in New Mexico is 19 years old. [N.M.Stat. Ann. § 30-7-2.2(C)(1)]
Can I possess/carry a handgun in my home without a license?	Yes. A concealed carry license is not required for anyone legally entitled to carry a firearm to carry a handgun in the person’s residence or on real property belonging to him or her as owner, lessee, tenant or licensee. [N.M. Stat. Ann. § 30-7-2(A)]