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New Mexico Concealed Carry Laws |
New Mexico operates as a shall-issue state where concealed weapons licenses are issued by the Department of Public Safety.
As of July 1, 2019, per SB-8, background checks are mandatory for private sales of firearms in New Mexico. It is illegal to sell a gun without a background check conducted by a licensed federal firearms dealer, with some exceptions such as sales between law enforcement officers or immediate family members.
Open carry is legal in New Mexico without a license for individuals aged 19 or older who can legally possess a firearm. Certain locations, including tribal land and establishments selling hard liquor, are off-limits for open carry.
Residents of New Mexico must obtain a Concealed Handgun License (CHL) to carry a concealed loaded firearm. Non-residents may carry with a permit from a state that New Mexico honors. CHL holders are restricted to carrying one concealed firearm at a time, as specified by the license regarding category and caliber. Applicants must be at least 21 years old and complete a 15-hour handgun safety course, including live-fire instruction. Exceptions include military members permanently stationed in New Mexico and their dependents.
While New Mexico does not have a specific Castle Doctrine statute, State v. Couch (1946) established principles allowing individuals threatened with an attack to stand their ground and use necessary force in self-defense. Homicide is justifiable under New Mexico law in cases where it occurs:
- In defense of one’s life, family, or others against imminent threat of harm.
- To prevent a felony or great personal injury when there is reasonable belief of danger.
- During lawful attempts to apprehend a felon, suppress a riot, or maintain peace.
Defendants claiming self-defense must demonstrate reasonable fear of immediate harm, use of proportional force to counter the threat, and non-provocation of the incident.
[N.M. Stat. Ann. § 30-2-7]
If New Mexico requires a license to carry a concealed firearm, how are those licenses issued? New Mexico is a shall-issue state.
Does New Mexico allow constitutional carry? No. New Mexico does not allow constitutional carry.
Is open carry permitted in New Mexico? Yes, without a license. Any person who is at least 19 years old and legally entitled to possess a firearm can open carry.
What is the minimum age in New Mexico to get a concealed carry license? The minimum age to concealed carry in New Mexico is 21.
Can you concealed carry weapons other than handguns in New Mexico with a concealed carry license (or under permitless carry if applicable)? No. State law limits concealed carry license holders to carrying one concealed gun at any given time. However, any number of firearms can be openly carried.
Is it legal to own a taser or stun gun in New Mexico? Yes. Stun guns and Tasers are legal to purchase and possess without a license.
Is it legal to buy or use chemical spray/pepper spray in New Mexico? Yes. There is no statute prohibiting the purchase or use of pepper spray in New Mexico.
Does New Mexico have magazine capacity restrictions for handguns? No. New Mexico does not have magazine capacity restrictions.
Does New Mexico have ammunition restrictions? No. New Mexico does not have ammunition restrictions.
Carry at Roadside Rest Areas?
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.
Carry in State/National Parks, State/National Forests and Wildlife Management Areas (WMAs)?
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. No for WMAs.
Carry/Possess at a Hotel?
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.
Store in a Vehicle in an Employee Parking Lot?
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.
Carry in Vehicle?
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. However, if you don’t have a license, you may not have the weapon concealed on your person when you exit your vehicle.
Carry in Bars/Restaurants That Serve Alcohol?
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.
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.
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.
Are "No Weapons Allowed" signs enforced in New Mexico?
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.
Does New Mexico have preemption laws related to concealed carry?
Yes, the state has preemption of firearms laws in New Mexico.
Does New Mexico have a red flag law?
Yes, 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.
Does New Mexico state law define brandishing?
No definition of brandishing was found in New Mexico law. However, it is illegal to endanger the safety of another by handling or using a firearm or other deadly weapon in a negligent manner.
Does New Mexico issue concealed carry licenses to non-residents?
Yes, but only for members of the military stationed in NM and their dependents.
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.
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.
Purchase Permits?
Is a permit required to purchase a handgun in New Mexico?
No. A permit is not required to purchase a handgun in New Mexico.
Background Checks for Private Gun Sales? Exceptions?
Are background checks required for private gun sales 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.
New Mexico License Exempts from Background Check?
Does my current New Mexico concealed carry license exempt me from needing a background check when I purchase a firearm?
No.
Handgun Registration?
Do handguns need to be registered in New Mexico?
No. Handguns do not need to be registered in New Mexico.
Minimum Age to Possess and Transport?
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.
Possess a Handgun on My Private Property Without a License?
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.
Waiting Period?
Is there a waiting period after purchasing a handgun in New Mexico?
Yes, as of May 15, 2024.
Which states' permits does New Mexico honor?
Alaska
Arizona (at least 21 years old)
Arkansas (at least 21 years old)
Colorado
Delaware (at least 21 years old)
Florida (handguns only)
Idaho (at least 21 years old)
Kansas
Michigan
Mississippi (at least 21 years old)
Missouri (at least 21 years old)
Nebraska
Nevada (at least 21 years old)
North Carolina
North Dakota (Class 1 permits only)
Ohio
Oklahoma (at least 21 years old)
South Carolina
South Dakota (Enhanced permits only)
Tennessee (at least 21 years old)
Texas (at least 21 years old)
Virginia
West Virginia (at least 21 years old)
Wyoming (at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Delaware
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Minnesota
Montana (permitless carry, at least 18 years old)
Nevada
New Hampshire (permitless carry, at least 18 years old)
North Carolina
North Dakota (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Virginia
Wisconsin
New Mexico offers resident and non-resident licenses. If indicated with “Resident only” below, that state only honors New Mexico resident licenses (and not those issued to non-residents).
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Colorado (at least 21 years old and resident permits only)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old 18 for military)
Nebraska (Permitless carry, at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Processing Time:
30 days
Valid For:
4 years, but license holders must complete a 2-hour refresher firearms training course 2 years after the issuance of an original or renewed license. Licenses for members of the military, LEOs and RLEOs are valid for 5 years.
Non-Resident Concealed Carry Licenses:
New Mexico grants non-resident licenses only for members of the military permanently stationed in New Mexico and their dependents. Out-of-state permits can be transferred over to New Mexico licenses.
Name/Address Changes:
You are required to notify the Department of this change within 30 days. Complete the Concealed Handgun License/Replacement Card Application and submit it to:
NM Department of Public Safety SID/Concealed Carry Unit
6301 Indian School Rd. NE Suite 310
Albuquerque, NM 87110
Residency Changes:
Moving to New Mexico and interested in applying for a resident license? How soon can you apply?
New Mexico issues licenses to residents and members of the military permanently stationed in New Mexico and their dependents only. You can apply for your license once you establish your residence. In addition, out-of-state permits can be transferred over to New Mexico licenses.
Moving from New Mexico and have a New Mexico resident license? Does that license transfer to your new state? Is there a grace period during which your New Mexico license remains valid?
If a person with a New Mexico concealed handgun license establishes residency in another state, the license expires upon the establishment of residence in the other state.
Fees:
Initial License $100 ($56 application fee $44 Fingerprint fee)
Renewals $75
No charge for members of the military ($12 fingerprint fee)
Application:
Link to application (As of Jan. 9, 2023, the application can now be completed online.)
Lost/Stolen Licenses:
If a concealed handgun license is lost, stolen or destroyed, the license is invalid and the licensee may obtain a duplicate license by furnishing the department a notarized statement that the original license was lost, stolen or destroyed and paying a reasonable fee. If the license is lost or stolen, the licensee shall file a police report with a local law enforcement agency and include the police case number in the notarized statement. Complete the Concealed Handgun License/Replacement Card Application and submit it within 10 Days to:
NM Department of Public Safety SID/Concealed Carry Unit
6301 Indian School Rd. NE Suite 310
Albuquerque, NM 87110
Requirements:
An applicant must:
- Be at least 21 years old;
- Be a citizen of the United States or a Permanent Resident Alien (although not reflected in state statutes, we have been informed by Permanent Resident Aliens that they were able to obtain their New Mexico Concealed Handgun License);
- Complete a firearms training course (military service person's discharged from military service within 20 years are exempt);
- Be a resident of New Mexico or a member of the armed forces whose permanent duty station is located in New Mexico;
- Not be a fugitive from justice;
- Not have been convicted of, or under indictment for, a felony;
- Not have been adjudicated mentally incompetent or committed to a mental institution;
- Not be addicted to alcohol or controlled substances;
- Satisfactorily complete a firearms training course;
- Not have:
- Received a conditional discharge, a diversion or a deferment, or been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within the 10-year period preceding application;
- Been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within 5 years immediately preceding the application for a concealed handgun license;
- Been convicted within the 10-year period preceding application of a misdemeanor offense involving the possession or abuse of a controlled substance; or
- Been convicted of a misdemeanor offense involving assault, battery or battery against a household member;
- Meet federal law requirements.
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of New Mexico.
Where Can't I Carry a Concealed Firearm in New Mexico?
Places off-limits even with a permit/license:
- Public schools, colleges and universities (except in a private vehicle if older than 19) [N.M. Stat. Ann. § 30-7-2.1(A) and N.M. Stat. Ann. § 30-7-2.4(A)];
- Public school buses [N.M. Stat. Ann. § 30-7-2.1(B)];
- Establishments licensed to dispense alcoholic beverages other than beer or wine [N.M. Stat. Ann. § 30-7-3(A)];
- Anywhere while under the influence of alcohol or drugs, including certain prescription or over-the-counter medications [N.M. Stat. Ann. § 30-7-4(A)(2)];
- As of December 6, 2021, at the New Mexico state Capitol building (all deadly weapons-including various knives, brass knuckles and sharpened canes);
- Albuquerque City parks and recreation facilities [City of Albuquerque Park Ordinance § 10-1-1-7];
- Designated child-detention or correctional facilities [N.M. Stat. Ann. § 30-22-14(B)];
- Correctional facilities, jails [N.M. Stat. Ann. § 30-22-14];
- Any state, county, municipal or tribal court [N.M. Stat. Ann. § 29-19-11];
- State wildlife management areas/game refuges [N.M. Stat. Ann. § 17-2-12];
- Tribal land [N.M. Stat. Ann. § 29-19-10];
- Public buses [N.M. Stat. Ann. § 30-7-13];
- Private property where the owner has posted signs indicating that you may not carry (or if the owner tells you that you cannot carry) [N.M. Code R. §§ 10.8.2.16(F)];
- Beginning May 15th, 2024, 100ft from any polling places, counting places, or drop boxes. This excludes those with concealed carry permits.
- Airport security zones [49 CFR §§ 1540.111 & 1540.5]; and
- Any place where the carrying of firearms is prohibited by federal law or state law or regulation.
Where Can I Carry a Concealed Firearm in New Mexico?
- Carry in bars/restaurants that serve alcohol? Yes, but limited to restaurants licensed to sell only beer and wine, unless posted. Carry is not permitted in bars or restaurants that serve hard liquor.
- Carry in my vehicle without a permit/license? Yes.
- Carry in roadside rest areas? Yes.
- Carry in state parks and state/national forests? Yes, with a CHL.
- Carry in establishments that sell alcoholic beverages for off-site consumption (grocery stores, liquor stores, convenience stores)? Yes, with a CHL.
- Carry in places of worship? There is no state statute prohibiting concealed carry in places of worship. However, since places of worship are private property, they may post signs prohibiting firearms.
Wear a COVID Mask & Carry?
I can legally carry a concealed firearm in New Mexico, but can I wear a COVID 19 protective mask while carrying concealed?
- There is no known statute in New Mexico making it illegal to wear a COVID mask while carrying concealed. Two state laws refer to individuals concealing their identity with the intention to commit illegal acts or with intent to intimidate, however they do not address wearing a mask while legally carrying a concealed firearm. [§ 30-3-2 & § 30-22-3]
Carry While Gun Hunting?
Can you concealed carry while shotgun/rifle hunting in New Mexico?
- Yes with a New Mexico Concealed Handgun License or a permit from a state that New Mexico honors. The handgun cannot be used in the harvest of any animal, even as a “coup de grace” unless a handgun is a legal weapon type for that hunt. [N.M. Admin. Code 19.5.2.21]
Carry While Bow Hunting?
Can you concealed carry while bow hunting in New Mexico?
- Yes. It is legal for anyone to possess a handgun for self-defense during any bow, muzzleloader or rifle hunt in NM. Open carry is allowed for anyone at least 21 years old that is not prohibited from possessing a firearm. A concealed carry license is required for carrying concealed. The handgun cannot be used in the harvest of any animal, even as a “coup de grace” unless a handgun is a legal weapon type for that hunt.
Hunter Harassment Law?
Is there a Hunter Harassment Law in New Mexico?
- Yes. New Mexico Law prohibits interference with another who is lawfully hunting, trapping or fishing in an area where those activities are permitted. Interference means: [N.M.Stat. Ann. § 17-2-7.1]
What Are the Knife Laws in New Mexico?
You may carry any legal knife openly on your own property or in your vehicle. It is illegal to own a switchblade, balisong or butterfly knife. It is illegal to concealed carry — outside of one’s residence or real property — deadly weapons such as dirks, poniards, daggers, bowie knives, switchblades, butterfly knives, butcher knives or any other knife which can cause dangerous wounds. Deadly weapons are not permitted on school grounds or public buses. [NMSA §§ 30-1-12, 30-7-2, 30-7-2.1, 30-7-8 & 30-7-13]