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My New Mexico Open Carry Experience

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
"Question: I am licensed to carry a concealed handgun. As far as licensed liquor establishments are concerned, where can I legally carry my firearm?"

"Answer: As of July 1, 2010, 30-7-3 NMSA a person licensed to carry a concealed handgun in New Mexico is allowed to legally carry into a licensed liquor establishment that DOES NOT sell alcohol for consumption on the premise. Further a person licensed to carry a concealed handgun in New Mexico is allowed to carry into a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant. Please read and ensure that you thoroughly understand above-referenced statute."

http://www.dps.state.nm.us/index.php/nm-concealed-carry/concealedcarry-faqs/
Yup, reading that statute requires the concealed carry of a piece.

...
(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license ...

 

desertratt1322

New member
Joined
Jun 22, 2016
Messages
1
Location
Albuquerque
"Question: I am licensed to carry a concealed handgun. As far as licensed liquor establishments are concerned, where can I legally carry my firearm?"

"Answer: As of July 1, 2010, 30-7-3 NMSA a person licensed to carry a concealed handgun in New Mexico is allowed to legally carry into a licensed liquor establishment that DOES NOT sell alcohol for consumption on the premise. Further a person licensed to carry a concealed handgun in New Mexico is allowed to carry into a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant. Please read and ensure that you thoroughly understand above-referenced statute."

http://www.dps.state.nm.us/index.php/nm-concealed-carry/concealedcarry-faqs/
I'm a licensed concealed carry also. If you look at the sign on Walmart right above all the red lettering threading you with that 4th degree felony it states you can enter into Walmart but must have your license on you at all times and must be concealed. I carry in there all the time. The managers tell you as long as they can not see it you are good.
Yup, reading that statute requires the concealed carry of a piece.

...
(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license ...


Sent from my SM-N920V using Tapatalk
 

T.Reed

Regular Member
Joined
Apr 10, 2017
Messages
13
Location
Ruidoso, New Mexico
I assume you are speaking of open carry because licensed concealed carry in places like package liquor stores is no longer illegal (unless the store posts a no gun sign).
Open carry in package stores when alcohol is not sold by the drink is legal. However, there are stipulations. The weapon must not be loaded and there must not be a round in the chamber. You can carry your rounds with you in a magazine holder separate from the pistol. We are so used to seeing guns in NM that most people won't question you if you walk into a store open carry. However, if you are challenged by a police officer then expect to be in trouble it is it loaded. A weapon is in the State of New Mexico is considered loaded when there are rounds in the cylinder or in the chamber or there is a loaded magazine in place, even if there is no round in the chamber. Me? I usually leave it outside locked in the vehicle. It is a hassle for me to unload my weapon and I would rather not. Less chance of an AD. Yep I always carry one in the chamber and yes I have heard all the arguments against and for. Been carrying for over 40 years never had an AD, doesn't mean I won't but so far I haven't.

Tom Reed

P.S. I have been open carrying since I was just a kid, the only time I got in trouble was for not carrying a pistol. Grew up in the desert, loved to go run and play in the desert. My dads only stipulation was that I carry a pistol or a rifle, believe it or not the biggest threat is wild dogs and maybe a mountain lion. Had to defend against a wild dog pack, never a mountain lion. Came out of the desert and my dad ask were my gun was? Couldn't sit down for a week.
 
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T.Reed

Regular Member
Joined
Apr 10, 2017
Messages
13
Location
Ruidoso, New Mexico
wabbit- just for clarification;

Your first statements read as if you were previously unaware of the law and the penalties of violating said law. Is this the case? If so, I must point out that ignorance of the law is no excuse, and it is your obligation as a legal gun owner who wants to stay legal and retain his rights, to know the law prior to going out and risking violating the law. It is called being knowledgeable and responsible.

Also- it is not in your best interests to come off as being a wise guy- ie, asking people if they feel unsafe. It's just not good and puts people off- too confrontational IMO. That's not what you should be doing when you OC.

Lastly- do you have your CC license? If you do not, you violated the law again when you pulled your shirt out and covered up.

I think you need to be more careful if in fact these things are true. If not, I await your clarification.
I am going to have to agree with this. Don't be a smart ass. Know your laws and follow them. Ignorance is not an excuse. From the time I was old enough to carry a gun 12 or so, I have had this one thing pointed out to me. The best weapon you have is between your ears. Use that correctly and with good judgment and you will never have reason to explain yourself. I'm 60, and have been carrying for as long as I can remember. To this date I have never had a reason to explain my actions to anyone.
 

T.Reed

Regular Member
Joined
Apr 10, 2017
Messages
13
Location
Ruidoso, New Mexico
No. You cannot enter any place which sells any alcohol, without a CCW license and staying concealed. If you have done otherwise, you have been in violation of the law. Do not listen to people as they often do not know for sure, as is the case with what they told you.

If, however, the stores do not carry any alcohol, you can enter unless they are posted as not allowing firearms.

Read the law carefully for yourself. It is your responsibility to know the law, and know which establishments are off-limits for open carry. It is not worth making a mistake and possibly paying a high price.

http://www.nmlegis.gov/Sessions/10 Regular/final/SB0040.pdf
You are right and wrong. This section is RELATING TO FIREARMS; ALLOWING CONCEALED HANDGUNS IN A
RESTAURANT THAT SELLS BEER AND WINE AND DERIVES NO LESS THAN
SIXTY PERCENT OF ITS ANNUAL GROSS RECEIPTS FROM THE SALE OF
FOOD FOR CONSUMPTION ON THE PREMISES; AMENDING A SECTION OF
THE CRIMINAL CODE.

It does not apply to Convenience store or package good store. Still there are stipulations. The gun must not be loaded, I.e no magazine and no round in the chamber. The magazine can be carried with you. But it can not be inserted into the gun. Same for wheel guns.
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
I am going to have to agree with this. Don't be a smart ass. Know your laws and follow them. Ignorance is not an excuse. From the time I was old enough to carry a gun 12 or so, I have had this one thing pointed out to me. The best weapon you have is between your ears. Use that correctly and with good judgment and you will never have reason to explain yourself. I'm 60, and have been carrying for as long as I can remember. To this date I have never had a reason to explain my actions to anyone.
tom, welcome to the OCDO forum, especially the NM subthread...

now my observation...

might i suggest you read what i actually stated in ah.74's quote of my statement verses you just commenting on their interjection i am or was being smart a$$ by asking if people are unsafe? i do not believe such a comment was made by me?

additionaly, your comment that it is legal to oc in an establishment with an unloaded gun is just personal opinion without an appropriate cite, per forum guidelines...so have you a cite to coninue this discussion as i am interested in getting a handle on subject to continue working towards a resolution.

again, welcome...

W
 
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T.Reed

Regular Member
Joined
Apr 10, 2017
Messages
13
Location
Ruidoso, New Mexico
In NM you cannot OC into any establishment that sells (not just "serves") alcohol. This includes most gas stations, WalMarts, etc. CC is fine, but not OC. I think it's important to drum this into people so as to avoid any unnecessary bad encounters or arrests. If this particular wally world had the signage on the door then I suspect they actually do sell alcohol. If not, then I would certainly like to hear management's take on this too since WM tend to follow state laws.

Okay has the law changed? I have looked for and can no longer find the law on OC in a store that sells package goods. I have noticed several people has been very direct about this particular law. But I do remember reading but can no longer find the regulation that covered open carry. it seems now that it has become rather vague. The regulation at one time read. Open carry where alcohol is sold as package goods, I.e. such as All-sups or a Gas station. Is legal. However the gun can not be loaded, (No round in the chamber, no magazine.) Kind of frustrating not being able to find it. However I am still looking and if I find it I'll be sure to post it.
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
Okay has the law changed? I have looked for and can no longer find the law on OC in a store that sells package goods. I have noticed several people has been very direct about this particular law. But I do remember reading but can no longer find the regulation that covered open carry. it seems now that it has become rather vague. The regulation at one time read. Open carry where alcohol is sold as package goods, I.e. such as All-sups or a Gas station. Is legal. However the gun can not be loaded, (No round in the chamber, no magazine.) Kind of frustrating not being able to find it. However I am still looking and if I find it I'll be sure to post it.
I believe you are wrong- the law never said anything like that. It only ever referred to carrying concealed in such establishments.

There is nothing vague about how the law is worded, as it stands now. It is very clear IMO.

I believe you are confusing the reference to being able to carry an unloaded weapon concealed without a license. I do not believe it ever said anything about the magazine having to be removed either, and it never made reference to alcohol. At least to the best of my awareness.

If you do find what you think you are remembering, please by all means post a link.
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,878
Location
El Paso, TX
...to get back on-topic re: carrying-reports as this thread is titled "New Mexico Open Carry Experiences in NM"


Was up in Las Cruces 2 days ago and OCed the entire time (as per usual):

-- Borman Honda (to set up an app't for tomorrow, Friday)
-- Village Inn (Telshor & Lohman)
-- Albertsons (Telshor & Lohman)

Did a "mall walk" @ Mesilla Valley Mall prior to going to Village Inn, but did NOT OC there since malls pretty much 100% can be expected to be GFZs -- but I didn't bother to check for signs, just put the OC gun into my "biker-vest" external pocket (my OC gun that day was a Sig P238 so it fit nicely in said vest pocket). On my way OUT the mall I saw a sign saying "No weapons of any kind" allowed on the premises.

Oops... :-(

So I had an empty holster* on but (as I do in El Paso TX malls) also my spare mag pouch (with 2 mags in it, did not remove them) -- don't think anyone noticed and I DO see mall "security" usually when at any mall. Did they see the empty holster and the 2 shiny stainless-steel mags? Don't know...

*a polymer Cytac "roto-style" holster with "button retention" (similar to the Blackhawk Serpas and IMI Defense RotoRigs)

As mentioned, am going back up to Las Cruces tomorrow, and will (again) OC @ Borman Honda, and afterwards, go to Denny's on Main St.

Then back to El Paso...
 
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AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
Regarding Albertsons, and other markets- be careful, because some of them sell beer and wine.

Thanks for the update and keeping this topic active.
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,878
Location
El Paso, TX
AH.74

Thanks for the heads-up...will just put the Sig P238 in my (external) vest pocket, then it's "concealed" (well, kind of) -- as I do when I go to ANY mall here in TX or in NM, as I won't be unarmed. Although I leave my 2 spare mags in their OWB pouch (but the gun holster is empty), I don't know if any Mall Security people have noticed the mags. But someone would REALLY have to be looking hard to see there's a gun in my vest pocket as all you can see (barely) is the top of the mag (gun is in the pocket upside-down, grip up)...which makes carrying the small "micro" P238 (but not to be confused with almost identically-sized Kimber Micro) VERY easy & convenient.

Interesting though: At the Village Inn next door to Albertsons (Lohman/Telshor), a Las Cruces PD detective @ the next table and I had a discussion: His gun was bigger than mine. ;-)

As mentioned earlier, was up in Las Cruces again yesterday (for my Borman Honda servicing app't) but afterwards went to Denny's on Main St. this time...and not Albertsons after that (as I usually do), just straight back to ELP via "the back way" scenic Hwy 28. I can't count how many times I've been to Albertsons in NM OCing, but as you say won't do so again (in NM anyway) in order to avoid an "incident."

But I will continue to OC @ Albertsons here in TX as the law is different. Albertsons' parent company is Safeway (or the other way around?) and I had no issues @ Safeway when I was in Colorado Springs. But of course, if state law doesn't allow OC where they sell alcohol (even if NOT for on-site consumption, even though that's silly) then it doesn't matter how "gun friendly" or "gun neutral" a supermarket chain is in general (Like Kroger and other brands they own), as it depends on the state in question.

Thanks again...and Happy OCing -- but remember: NO OCing @ Albertsons (in NM) if they sell alcohol, even if NOT for on-site consumption! Shame on you for admitting here you DO that! I bet you've done it @ Walmart (like the one @ Lohman & I-10, if they also sell alcohol), too! You're a very bad person, Mr. AH.74! ;-)

Just kidding...as I pathetically attempt to shift/redirect MY blame to "someone else" here!
 
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Griz

Regular Member
Joined
Feb 14, 2010
Messages
308
Location
, ,
Woo-hooo! Vacation in NM!

Open carried in BLM at Wild Rivers Recreation Area. Camping at La Junta is awesome : ) I did not carry, open or concealed, into the visitor center as that is a Federal Facility?
Open carried at Elephant Butte on Ridge Road for the veiw, but left early. It's a popular spot for car transients (have met several) and last time was no exception. Didn't feel safe sleeping next to the guy, but not unsafe enough to report. So we called it and headed to...
Red Canyon Campgrounds in Manzano, where I open carried. Met a cowboy from Colorado who "showed me his" by pulling up his shirt. Didn't get a good look, coulda been an LC9 or similar small concealed carry piece.

Too many gas/food stops to mention, but it was a great time.

Thank you, NM!
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
lovely day in the land of disenchantment while OC'g at Jiffy Lub, a communication's office, gas station to fill up, DPS' office, as well as interfacing with a well groomed homeless family providing a spot of assistance and a viable job lead if appropriately followed up on.
 
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