Verified Firearm Specifications

NM1034 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

NM1052 — negligent storage

Citation: N.M. Stat. Ann. § 30-7-7.2

A. A person commits the crime of negligently making a firearm accessible to a minor if: (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and (2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.

NM1053 — authorized

Citation: N.M. Stat. Ann. § 40-13-5(A)(2)

A. Upon finding that domestic abuse has occurred or upon stipulation of the parties, the court shall enter an order of protection ordering the restrained party to: (2) if the order is issued pursuant to this section and if the court also determines that the restrained party presents a credible threat to the physical safety of the household member after the restrained party has received notice and had an opportunity...

NM1054 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

NM1056 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

NM1042 — public and private : CCW not allowed

Citation: N. M. S. A. 1978, § 30-7-2.4A(5)

Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by: ...(5) a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.

NM1043 — public and private : possession prohibited

Citation: N. M. S. A. 1978, § 30-7-2.4

C. As used in this section: (1) “university” means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.

NM1044 — public and private : possession prohibited

Citation: N. M. S. A. 1978, § 30-7-2.4

C. As used in this section: (1) “university” means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.

NM1061 — comprehensive

Citation: Const. Art. 2, § 6

No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

NM1007 — youth possession

Citation: N.M. Stat. Ann. § 30-7-2.2

A. Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in his possession or knowingly transporting a handgun, except when the person is: (1) in attendance at a hunter's safety course or a handgun safety course; (2) engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or...

NM1057 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

NM1058 — minimum age purchase - federal

Citation: 34 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

NM1059 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

NM1049 — erpo

Citation: NM ST § 40-17-5

A. A petition for an extreme risk firearm protection order shall be filed only by a law enforcement officer employed by a law enforcement agency; provided that, if the respondent is a law enforcement officer, the petition shall be filed by the district attorney or the attorney general. B.

NM1050 — erpo : ex parte

Citation: NM ST § 40-17-5 (d)

D. A law enforcement officer shall file a petition for an extreme risk firearm protection order upon receipt of credible information from a reporting party that gives the agency or officer probable cause to believe that a respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm.

NM1021 — dvro

Citation: N.M. Stat. § 40-13-5(4)

After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the restrained party shall relinquish all firearms in the restrained party's immediate possession or control or subject to the restrained party's possession or control in a safe manner to a law enforcement officer, a law enforcement agency or federal firearms...

NM1060 — to carry

Citation: NM ST § 29-19-4 (a)(10)

A. The department shall issue a concealed handgun license to an applicant who: (10) has satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry as a concealed handgun.

NM1062 — general

Citation: NM ST § 30-7-7.3

A. A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer.

NM1036 — federal

Citation: 18 U.S.C.A. § 922(s)

Repealed.

NM1035 — federal

Citation: 18 U.S.C.A. § 922(s)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-“(A) after the most recent proposal of such transfer by...

NY1054 — extra time

Citation: McKinney's Penal Law § 400.20

When a national instant criminal background check is required pursuant to state or federal law to be conducted through the National Instant Criminal Background Check System (NICS) or its successor in connection with the sale or transfer of a rifle or shotgun to any person, before delivering a rifle or shotgun to such person, either (a) NICS has issued a “proceed” response to the seller or transferor, or (b) thirty...

NY1055 — extra time

Citation: McKinney's Penal Law § 400.20

When a national instant criminal background check is required pursuant to state or federal law to be conducted through the National Instant Criminal Background Check System (NICS) or its successor in connection with the sale or transfer of a rifle or shotgun to any person, before delivering a rifle or shotgun to such person, either (a) NICS has issued a “proceed” response to the seller or transferor, or (b) thirty...

NY1002 — private sales : point of sale

Citation: N.Y. Gen. Bus. Law Art. 39-DDD § 898

§ 898. Private sale or disposal of firearms, rifles and shotguns. 1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC §...

NY1004 — private sales : point of sale

Citation: N.Y. Gen. Bus. Law Art. 39-DDD § 898

§ 898. Private sale or disposal of firearms, rifles and shotguns. 1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC §...

NY1006 — sales from dealer

Citation: N.Y. Gen. Bus. Law Art. 39-DDD § 898

1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC § 922, when such sale, exchange or disposal is conducted pursuant to...

NY1046 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

NY1045 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

NY1067 — permit to purchase

Citation: N.Y. Penal Law § 400.00(2),(10)

2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by...

NY1001 — permit to purchase

Citation: N.Y. Penal Law § 400.00 (4)

From the 2005 text: 4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such application is made.

NY1005 — sales from dealer

Citation: N.Y. Penal Law § 400.00 (4)

From the 2005 text: 4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such application is made.

NY1069 — shall issue

Citation: NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN

On June 23, 2022, the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ____ (2022) determined that “may issue” concealed carry laws were unconstitutional, though they explicitly stated that Delaware, Connecticut and Rhode Island’s versions of “may issue” laws were not unconstitutional.

NY1008 — may issue

Citation: N.Y. Penal Law § 400.00(2)(f)

A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to … (f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof.

NY1009 — traditional

Citation: N.Y. Penal Law § 35.15(2)

A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (i) in his or her dwelling and not the initial aggressor.

NY1050 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

NY1027 — safe storage

Citation: NY PENAL § 265.45

No person who owns or is custodian of a rifle, shotgun or firearm and knows, or has reason to know, that a person less than sixteen years of age is likely to gain access to such rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage...

NY1070 — negligent storage

Citation: N.Y. Penal Law §§ 265.45

1. No person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who: (i) is under eighteen years of age; (ii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm pursuant to a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules or 18 U.S.C.