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Unloaded Concealed Carry

ABQJoe

New member
Joined
Jun 8, 2011
Messages
3
Location
Albuquerque
I've been open carrying for about a year and I would much rather concealed carry. The problem is that I just turned 20. I understand that the law makes provisions to not "prevent the carrying of any unloaded firearm", and I would rather bite the bullet and take the 6 extra seconds to load my XD then open carry.

Is this legal in New Mexico?
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
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I've been open carrying for about a year and I would much rather concealed carry. The problem is that I just turned 20. I understand that the law makes provisions to not "prevent the carrying of any unloaded firearm", and I would rather bite the bullet and take the 6 extra seconds to load my XD then open carry.

Is this legal in New Mexico?


From what I can see it is perfectly legal, except in any alcohol establishments that serve for consumption on-site. I would verify by calling the DPS.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
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Valhalla
I would rather bite the bullet and take the 6 extra seconds to load my XD then open carry.

Is this legal in New Mexico?

Odds are you won't have that extra 6 seconds.

  • 55% of gunfights take place 0-5 feet.
  • 20% of gunfights take place in 5-10 feet.
  • 20% of gunfights take place in 10-21 feet.
  • 95% of gunfights take place in 0-21 feet. (Source- FBI)
  • The average man can cover 21 feet of ground in 1.5 seconds.
  • The average man cannot draw a gun from concealment in under 2 seconds.
  • The average gunfight is over in 3-5 seconds.
http://www.truthtree.com/selfdefense.shtml
 

castiel

Regular Member
Joined
Feb 26, 2010
Messages
85
Location
Las Cruces, New Mexico, USA
From what I can see it is perfectly legal, except in any alcohol establishments [strike]that serve for consumption on-site. I would verify by calling the DPS.[/strike]


Concealed unloaded has the same rules as open carry when it comes to alcohol sales. No concealed unloaded in any places that sell alcohol regardless of on/off premises consumption.
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,438
Location
Florida
I've been open carrying for about a year and I would much rather concealed carry. The problem is that I just turned 20. I understand that the law makes provisions to not "prevent the carrying of any unloaded firearm", and I would rather bite the bullet and take the 6 extra seconds to load my XD then open carry.

Is this legal in New Mexico?

why on EARTH would you want to carry an unloaded gun?

"hey mr. BG, do you mind holding for just a few seconds while i draw my gun from concealment, and then pull out my mag, load it, cock it, then point it at you? thanks much!"

riiiiiiiigghhhhttt.....

just enjoy OC
 

ABQJoe

New member
Joined
Jun 8, 2011
Messages
3
Location
Albuquerque
Odds are you won't have that extra 6 seconds.

  • 55% of gunfights take place 0-5 feet.
  • 20% of gunfights take place in 5-10 feet.
  • 20% of gunfights take place in 10-21 feet.
  • 95% of gunfights take place in 0-21 feet. (Source- FBI)
  • The average man can cover 21 feet of ground in 1.5 seconds.
  • The average man cannot draw a gun from concealment in under 2 seconds.
  • The average gunfight is over in 3-5 seconds.
http://www.truthtree.com/selfdefense.shtml

Wow, if I only have 1.5 seconds to draw a CCW and I cannot do it in under 2, then the whole notion of CCW is worthless as well!

The point is, I didn't come here to ask for opinions. Does anyone from New Mexico have any real information on this topic?
 

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
Wow, if I only have 1.5 seconds to draw a CCW and I cannot do it in under 2, then the whole notion of CCW is worthless as well!

The point is, I didn't come here to ask for opinions. Does anyone from New Mexico have any real information on this topic?

Wow.... snarky.

Since you "didn't come here to ask for opinions," perhaps your time would be better spent doing your own research on the New Mexico statutes. Let us know what you discover so that we can form better "opinions."
 
Last edited:

AH.74

Regular Member
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Oct 6, 2008
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Concealed unloaded has the same rules as open carry when it comes to alcohol sales. No concealed unloaded in any places that sell alcohol regardless of on/off premises consumption.

You're right Castiel, I missed that part of 30-7-3-(A) where it says loaded or unloaded. I stand corrected, and gladly so.

I should contact this site and tell them they're wrong. Look at the last part, that's what I saw yesterday.

http://fbinicsystem.com/us-gun-laws-by-state/new-mexico-gun-laws.html
 

snoball

Regular Member
Joined
Jan 11, 2008
Messages
143
Location
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why on EARTH would you want to carry an unloaded gun?

"hey mr. BG, do you mind holding for just a few seconds while i draw my gun from concealment, and then pull out my mag, load it, cock it, then point it at you? thanks much!"

riiiiiiiigghhhhttt.....

just enjoy OC

ABQJoe was just asking for advice and didn't need the sarcasm. It is correct that he can legally carry an unloaded gun and a loaded magazine separately. I went through the expensive and time consuming process to conceal carry, but at some point I may not renew and just carry a mag in one pocket and my auto in another if I don't OC.
OC is just not appropriate in some places as we all know. I would much rather have a hidden gun that I can load in a few seconds that be unarmed. I don't buy the 1.5 seconds argument. Any potential fear that seems like a Yellow or Orange alert gives you much more than 6 seconds. Only at Red Alert are you ready to shoot.
 

castiel

Regular Member
Joined
Feb 26, 2010
Messages
85
Location
Las Cruces, New Mexico, USA
Wow, if I only have 1.5 seconds to draw a CCW and I cannot do it in under 2, then the whole notion of CCW is worthless as well!

The point is, I didn't come here to ask for opinions. Does anyone from New Mexico have any real information on this topic?

http://www.handgunlaw.us/

Click the state and you will find everything you ned to know. Basically, anywhere you can open carry you can conceal carry unloaded without a permit. Anywhere with any kind of alcohol is a felony (most gas stations and grocery stores and Super Walmarts for example).
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,438
Location
Florida
ABQJoe was just asking for advice and didn't need the sarcasm. It is correct that he can legally carry an unloaded gun and a loaded magazine separately. I went through the expensive and time consuming process to conceal carry, but at some point I may not renew and just carry a mag in one pocket and my auto in another if I don't OC.
OC is just not appropriate in some places as we all know. I would much rather have a hidden gun that I can load in a few seconds that be unarmed. I don't buy the 1.5 seconds argument. Any potential fear that seems like a Yellow or Orange alert gives you much more than 6 seconds. Only at Red Alert are you ready to shoot.

but still- why carry an unloaded gun? what exactly is the point?
 

AH.74

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but still- why carry an unloaded gun? what exactly is the point?

The point(s) are:

*He's not old enough, yet, to apply for a CCW license in this state
* He can carry concealed in this state without a permit by having it unloaded, which is his prerogative and which he wants to do
*He does not want to carry open in certain situations and by carrying unloaded it gives him another option
*He has his gun on him, which is better than not having his gun on him
 

Grapeshot

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Carrying an unloaded gun is still better than carrying no gun at all. But, then again, a brick would be even better, you CAN carry the brick in a place that serves alcohol!

Airport security would not let me board with a "sample brick" being taken to a meeting with contractor. They said it was a weapon. :banghead:
 

PracticalTactical

Regular Member
Joined
Feb 19, 2011
Messages
242
Location
Las Cruces, New Mexico
There are over 4,000 defensive uses of a gun in the US daily, and in over 90% of cases the gun is never fired. If an attacker sees you loading a gun, it is highly improbable that they will continue the attack.

According to 30-7-2, unloaded carry of a concealed firearm is legal, but other laws such as 30-7-3 still apply.

Also keep in mind that 'unloaded' is not defined anywhere. It's best to be as unloaded as you can be by not having any rounds touching the gun.

I personally would not carry a revolver in this manner, but a semi auto can be loaded a little faster than a magazine change. Just keep the mag near your weak hand in a pocket or pouch.

Also keep in mind that retention can be an issue, as the gun must be held in one hand while the other retrieves and loads the magazine. Keep it close to the body and be prepared to make evasive maneuvers while loading.
 

ABQJoe

New member
Joined
Jun 8, 2011
Messages
3
Location
Albuquerque
Thank you for the actually on topic, informative replies.

I was really seeking confirmation on my interpretation. All evidence points to the legality of concealed, unloaded handgun carry.

Also keep in mind that 'unloaded' is not defined anywhere. It's best to be as unloaded as you can be by not having any rounds touching the gun.

I was actually told this by a police officer. While he wasn't sure about the legality, he mentioned that having a loaded magazine in close proximity, such as in the same pocket during pocket carry, is essentially the same thing as a loaded firearm simply because its very possible that you could have released the mag in-pocket.

He also said when he worked in california, it was popular to carry your unloaded weapon in a locked zip-up binder. pretty peculiar.

I personally would not carry a revolver in this manner, but a semi auto can be loaded a little faster than a magazine change. Just keep the mag near your weak hand in a pocket or pouch.

I've been keeping the magazine in a harmless looking leatherman pouch on my weak side and the pistol in a IWB on the strong side. I think next time I hit the range I'm going to work on some draw drills to build muscle memory.
 

PracticalTactical

Regular Member
Joined
Feb 19, 2011
Messages
242
Location
Las Cruces, New Mexico
Thank you for the actually on topic, informative replies.

I was really seeking confirmation on my interpretation. All evidence points to the legality of concealed, unloaded handgun carry.



I was actually told this by a police officer. While he wasn't sure about the legality, he mentioned that having a loaded magazine in close proximity, such as in the same pocket during pocket carry, is essentially the same thing as a loaded firearm simply because its very possible that you could have released the mag in-pocket.

He also said when he worked in california, it was popular to carry your unloaded weapon in a locked zip-up binder. pretty peculiar.



I've been keeping the magazine in a harmless looking leatherman pouch on my weak side and the pistol in a IWB on the strong side. I think next time I hit the range I'm going to work on some draw drills to build muscle memory.

The idea that you 'could have' dumped the mag doesn't count for anything.

That's like saying somebody who is open carrying 'could have' uncovered the gun when the cop wasn't there. Or that an openly carried gun could potentially become concealed if your jacket fell over it.

Don't ask cops for legal advice.
 

MrGlock

Regular Member
Joined
Feb 28, 2010
Messages
72
Location
Albuquerque, New Mexico, USA
concealed carry unloaded

Before getting my CCW, I carried open loaded AND carried concealed unloaded, just with nothing in the chamber. I've gotten some hassle from cops in the past for this, but as long as you don't have a magazine in your gun (or rounds in the cylinder if you own a revolver) then TECHNICALLY the police can't do anything about it. Conceal carry laws apply to CONCEALED LOADED firearms. If you remove the ammunition from the equation, then it doesn't apply.
Happy Hunting.
 

jseth

Regular Member
Joined
Jul 6, 2013
Messages
24
Location
rio rancho NM
hello, came across this forum post in my research...

i am 20 and want to carry my firearm as legal as i can... however i dont like open carry for defensive purpose... the bad guys know you have a gun and can choose to shoot you first..

on the other hand i have a year before i can get my CCW

can anyone clarify if its legal to conceal carry a unloaded firearm with no CCW?? if i can then how do i find what NM considers loaded? i could not find a definition of what new mexico considers a loaded firearm?

unloaded can mean 1.. no round chambered

or 2... no magazine in gun and no round chambered...


ps i have a semi automatic gun... no revolver.
 

jseth

Regular Member
Joined
Jul 6, 2013
Messages
24
Location
rio rancho NM
First, I disagree with your assessment that it is better to carry an unloaded gun concealed than a loaded gun openly. The "bad guy will shoot you first" theory is 100% theory that nobody has ever been ever been able to present an example that has happened in real life. Police officers and security personnel wearing uniforms are normally presented saying, "SEE! These guys open carry and they were shot first!" but I would argue that they were shot because of their uniforms and the perceived ability of those persons to aprehend and/or arrest the criminal rather than only their handguns. There are no examples of Joe Citizen being caught in the convenience store or bank robbery and being shot first.

Also, if you are attacked while concealing an unloaded firearm, exactly what do you hope to do? Ask the attacker to please wait while you retrieve your firearm from concealment and load it?

I am currently researching New Mexico law for you, which you could do just as easily as posting on this forum:
http://mobilepublic.nmcompcomm.us/nmpublic/gateway.dll?f=templates&fn=default.htm

I can't find anything in New Mexico statute or jury instructions that defines loaded or unloaded. The standard definition of unloaded means that no ammunition is present anywhere in the gun. Some states go beyond that, to specifically define loaded as any ammunition NEAR the gun.

This is confirmed by:
http://www.handgunlaw.us/states/newmexico.pdf



Here is your New Mexico statute:



Given this:
http://www.opencarry.org/?page_id=278



my personal choice would be to carry a firearm that was in a mode ready to be used immediately to defend myself with, rather than in a mode where not only would I have to retrieve it from concealment, but I would also have to prepare it for use, meanwhile a criminal is threatening to imminently end my life or the life of another victim.


thanks for your detailed reply... for me i have been conceal carrying at my house for years. it takes me 0.9 seconds or less to draw my gun from concealment and rack the slide back.

may just use open carry until i get my CCL :)
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,331
Location
Valhalla
thanks for your detailed reply... for me i have been conceal carrying at my house for years. it takes me 0.9 seconds or less to draw my gun from concealment and rack the slide back.

may just use open carry until i get my CCL :)

How fast will you be when your dominate arm is disabled?

Locked & loaded will always be faster than racking mid presentation and less chance of failure.
 
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