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New Mexico Firearm Laws Law Intelligence Hub

26 Records • Page 1 of 1
New Mexico background checks handgun Restrictive

NM1037 — private sales : point of sale

Citation: N. M. S. A. 1978, § 30-7-7.1

A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check

Effective: 2019-07-01
New Mexico background checks long gun Restrictive

NM1038 — private sales : point of sale

Citation: N. M. S. A. 1978, § 30-7-7.1

A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check

Effective: 2019-07-01
New Mexico background checks handgun and long gun Restrictive

NM1029 — 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...

Effective: 1998-11-30
New Mexico background checks handgun Restrictive

NM1028 — 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...

Effective: 1994-02-28 Superseded: 1998-11-30
New Mexico carrying a concealed weapon (ccw) handgun Permissive

NM1004 — shall issue

Citation: N.M. Stat. Ann. § 29-19-4

A. The department shall issue a concealed handgun license to an applicant who: (1) is a citizen of the United States; (2) is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member; (3) is twenty-one years of age or older; (4) is not a fugitive from justice; (5) has not been convicted of a felony in New Mexico or any other...

Effective: 2004-01-01
New Mexico carrying a concealed weapon (ccw) handgun Restrictive

NM1003 — prohibited

Citation: N.M. Stat. Ann. § 30-7-2

§ 30-7-2. Unlawful carrying of a deadly weapon. A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the...

Effective: 1953-01-01 Superseded: 2004-01-01
New Mexico castle doctrine handgun and long gun Permissive

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...

Effective: 1900-01-01
New Mexico child access laws handgun and long gun Restrictive

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.

Effective: 2023-06-16
New Mexico firearm removal at scene of domestic violence handgun and long gun Restrictive

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...

Effective: 2019-07-01
New Mexico firearm sales restrictions handgun and long gun Restrictive

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.

Effective: 1994-09-13 Superseded: 2004-09-13
New Mexico firearm sales restrictions handgun and long gun Restrictive

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.

Effective: 1994-09-13 Superseded: 2004-09-13
New Mexico firearms in college/university handgun Restrictive

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.

Effective: 2003-07-01
New Mexico firearms in college/university handgun Restrictive

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.

Effective: 1993-07-01
New Mexico firearms in college/university long gun Restrictive

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.

Effective: 1993-07-01
New Mexico local laws preempted by state handgun and long gun Permissive

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.

Effective: 1986-11-04 Superseded: 2019-09-01
New Mexico minimum age handgun Restrictive

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...

Effective: 1994-07-01
New Mexico minimum age long gun Restrictive

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...

Effective: 1994-09-13
New Mexico minimum age handgun Restrictive

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.

Effective: 1994-09-13
New Mexico minimum age handgun Restrictive

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...

Effective: 1994-09-13
New Mexico prohibited possessor handgun and long gun Restrictive

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.

Effective: 2020-07-20
New Mexico prohibited possessor handgun and long gun Restrictive

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.

Effective: 2020-07-20
New Mexico prohibited possessor handgun and long gun Restrictive

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...

Effective: 2019-07-01
New Mexico safety training required handgun Restrictive

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.

Effective: 2005-06-17
New Mexico waiting period handgun and long gun Restrictive

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.

Effective: 2024-05-15
New Mexico waiting period handgun Permissive

NM1036 — federal

Citation: 18 U.S.C.A. § 922(s)

Repealed.

Effective: 1998-11-30
New Mexico waiting period handgun Restrictive

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...

Effective: 1994-02-28 Superseded: 1998-11-30