Concealed Carry Laws New Mexico: 2A Attacked
As strong supporters of the Second Amendment, we believe every law-abiding citizen should have the right to protect themselves, their families, and their property. When it comes to concealed carry laws New Mexico, there are many important details to keep in mind. Whether you’re a New Mexico resident or just passing through, understanding how to lawfully purchase firearms, complete your concealed carry training, and abide by CCW requirements by state can help ensure you’re exercising your rights responsibly.
Below is an in-depth look at the many facets of New Mexico’s regulations, from where you can legally carry a handgun to how you can stand your ground in self-defense situations.
Table of Contents
No Permit or Registration Required for Private Purchases
One of the primary details about concealed carry laws New Mexico is that no permit or firearms registration is required if you’re buying a handgun from a private individual. However, as of July 1, 2019, a new law (SB-8) mandates that a background check be administered by a licensed federal firearms dealer for most private sales. If you’re the seller, failing to conduct that background check is considered a misdemeanor crime. That said, law enforcement officers and immediate family members are exempt from this requirement.
Open Carry: Freedom with a Few Restrictions
Open carry is legal in New Mexico for anyone at least 19 years old who can legally possess a firearm. For many gun owners, this is a reflection of the state’s relatively permissive stance regarding the Second Amendment. That said, certain areas remain off-limits to open carry, including:
- Tribal lands (where separate tribal regulations often apply)
- Establishments selling hard liquor for on-site consumption (bars)
Even if open carry is permitted, it’s always wise to check local signage and rules—property owners do have the right to prohibit firearms on their premises.
Concealed Carry Handgun License (CHL) Basics
Who Needs a CHL?
Under concealed carry laws New Mexico, a New Mexico Concealed Handgun License (CHL) is required for residents who wish to carry a loaded concealed handgun on their person (outside of a vehicle). For non-residents, a permit from a state that New Mexico honors must be carried.
New Mexico is a “shall-issue” state, meaning that if you meet the legal qualifications and follow the application process, the state generally must issue you a CHL.
Minimum Age and Training
You must be 21 years old to apply for a CHL in New Mexico. The state also requires applicants to complete concealed carry training amounting to 15 hours. This training must include:
- Safe handling and operation of revolvers and semi-automatic handguns
- Range qualification, including live-fire instruction
- An understanding of federal, state, and local laws pertaining to handgun use and possession
- Techniques for avoiding criminal attacks and conflict resolution
While a CHL is required for carrying a concealed loaded firearm on foot, no license is required for carrying an unloaded firearm or a loaded firearm in a vehicle.
Special Exceptions
New Mexico does not typically issue non-resident licenses, except for members of the military who are permanently stationed in the state and their dependents. Additionally, state law limits concealed carry license holders to carrying one concealed firearm at any given time.
How to Apply for a New Mexico CHL
- Complete a Firearm Training Course (15-hour minimum, unless you are a military veteran discharged within the past 20 years).
- Submit Your Fingerprints through the state’s approved fingerprint service provider (IDEMIA) or via the New Mexico Department of Public Safety (NMDPS) Headquarters.
- Gather Required Documents:
- Certified original copy of your birth certificate
- Proof of firearms training completion
- Copy of your New Mexico driver’s license or ID
- Any additional release forms
- Mail or Submit Your Application to the NMDPS Concealed Carry Unit. You’ll be notified if your application is approved, usually within 30 days.
Once you’re issued a license, it remains valid for four years (five years for military members or retired law enforcement officers). Note that after two years, license holders must complete a two-hour refresher course.
Where You Can and Cannot Carry
Where Can You Carry?
- Roadside Rest Areas: Yes, with a New Mexico CHL or recognized permit.
- Personal Vehicles: Yes, loaded or unloaded, for anyone 19 or older who is legally allowed to possess a firearm.
- State/National Parks: Yes, if you have a valid CHL or recognized permit.
- Restaurants Serving Beer & Wine: Yes, unless posted otherwise, but not in bars that serve hard liquor.
Off-Limits Locations
Even if you hold a valid CHL, some places remain off-limits:
- Public schools, colleges, or universities (with limited vehicle-only exceptions)
- Establishments serving hard liquor (bars)
- Tribal land, unless the tribe’s rules specifically allow it
- Correctional facilities, courthouses, and certain city parks (e.g., Albuquerque City parks)
- Areas with posted “No Weapons” signage
- Within 100 feet of any polling place, counting center, or drop box (effective May 15, 2024, excluding valid CHL holders)
It’s essential to remain vigilant about local regulations and posted signs. Property owners reserve the right to forbid firearms on their premises, and violating those rules could lead to trespassing charges.
Self-Defense: Standing Your Ground
New Mexico does not have a formal Castle Doctrine law on the books, but state court decisions have shaped a “Stand Your Ground” interpretation. In State v. Couch (1946), the New Mexico Supreme Court ruled a person does not need to retreat if threatened. You may legally defend yourself, others, or your property if:
- You face an immediate threat of death or great bodily harm.
- The level of force used is reasonable for the threat.
- You did not initiate or provoke the confrontation.
According to [N.M. Stat. Ann. § 30-2-7], homicide may be justifiable if it’s committed in necessary defense of self, others, or property against imminent danger or a felony.
For more information and educational resources on self-defense laws and Second Amendment laws, visit our resources page here.
Background Checks and Waiting Period
- Private Sales: As of July 1, 2019, all private firearm sales (with a few exceptions, such as immediate family) must go through a licensed dealer who conducts a background check. Selling a firearm privately without one is a misdemeanor.
- Waiting Period: Currently, there is no waiting period after purchasing a handgun, but that will change on May 15, 2024, when a new waiting period requirement goes into effect.
Reciprocity and CCW Requirements by State
New Mexico recognizes permits from select states that have established reciprocity agreements. These states include Arizona, Florida, Colorado, Texas, and more (with varying age and residency conditions). That said, if you plan to travel with a firearm, researching CCW requirements by state is crucial. Some states may restrict the type of firearm you can carry, or they might have different age thresholds. Likewise, other states will only honor a New Mexico CHL if you’re a state resident.
Summary of Key Points
- No Permit for Private Purchases: But background checks through a licensed dealer are required for most private sales.
- Open Carry at 19+: Be mindful of restricted areas, such as tribal land and bars.
- CHL Required for Concealed Carry: Must be 21 or older, complete 15 hours of concealed carry training, and pass a background check.
- Off-Limits Locations: Public schools, tribal lands, certain parks, and bars that serve liquor.
- Self-Defense: Stand your ground is recognized by court ruling, allowing reasonable force if you are threatened.
- Reciprocity: New Mexico honors some out-of-state permits; check local rules if you travel.
- Waiting Period Changes: A new waiting period law goes into effect on May 15, 2024.
Conclusion - Policing the Brass
Concealed carry laws New Mexico stand as a testament to the state’s commitment to upholding the Second Amendment for its residents and visitors alike. By following these guidelines—conducting proper background checks for private sales, understanding restricted areas, completing necessary concealed carry training, and honoring CCW requirements by state—you can exercise your right to bear arms both safely and responsibly.
If you would like a downloadable guide to New Mexico’s firearms laws, visit HandgunLaw.us for their PDF here.
Concealed Carry Laws New Mexico: Q&A Section
Carry Basics Questions
| CHEMICAL SPRAY/PEPPER SPRAY? | Yes. There is no statute prohibiting the purchase or use of pepper spray in New Mexico. |
| GUN PERMIT LICENSURE? | New Mexico is a shall-issue state. A Concealed Handgun License (CHL) is required for concealed carry of a loaded firearm on foot. |
| OPEN CARRY PERMITTED? | Yes. Any person at least 19 years old who can legally possess a firearm may open carry without a license. |
| TASERS OR STUN GUNS? | Yes. Tasers and stun guns are legal to purchase and possess without a license in New Mexico. |
| WEAPONS OTHER THAN HANDGUNS ALLOWED? | No. State law limits concealed carry license holders to carrying one concealed handgun at a time. Other firearms may be openly carried, but are not covered under the CHL. |
| AMMUNITION RESTRICTIONS? | No. New Mexico does not have specific ammunition restrictions. |
| MAGAZINE LIMITS FOR HANDGUNS? | No. New Mexico does not restrict magazine capacity for handguns. |
| MINIMUM AGE FOR CONCEALED CARRY? | 21 years old. |
| CONSTITUTIONAL CARRY? | No. New Mexico does not allow constitutional (permitless) carry for concealed firearms. |
Carry Location Questions
| CARRY IN RESTAURANTS THAT SERVE ALCOHOL? | Yes, but only in restaurants licensed to sell beer and wine and deriving at least 60% of their gross receipts from food. Carry is not permitted in bars or restaurants that serve hard liquor. |
| CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)? | Yes, with a valid New Mexico CHL or a permit from a state that New Mexico honors, for both state and national parks and forests. However, it is not allowed in WMAs. |
| CARRY IN VEHICLE? | Yes. Anyone at least 19 years old who is legally able to possess a firearm can carry a loaded or unloaded handgun in a vehicle without a license. However, without a CHL, you may not keep it concealed on your person once you exit the vehicle. |
| CARRY/POSSESS AT A HOTEL? | Yes, unless the property owner forbids firearms on the premises. Many hotels post their specific policies or signage regarding firearms. |
| CARRY AT ROADSIDE REST AREAS? | Yes, with a New Mexico Concealed Handgun License or a valid permit from a state that New Mexico honors. |
| STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT? | This is not addressed specifically in New Mexico law. Employers may have their own policies regarding firearms stored in employee parking lots. |
Key State Laws
| PUBLIC ACCESS TO CONCEALED CARRY REGISTRY? | No. The registry is not accessible to the general public, although law enforcement can access it. |
| DUTY TO INFORM OFFICER YOU’RE CARRYING? | No. There is no legal requirement in New Mexico to inform law enforcement that you are carrying a concealed firearm. |
| RED FLAG LAW? | Yes. New Mexico’s red flag law took effect on May 20, 2020, allowing law enforcement to petition the court for an order requiring the surrender of firearms. |
| “NO WEAPONS ALLOWED” SIGNS ENFORCED? | Yes. If a property owner posts a “No Weapons” sign or verbally instructs you not to carry, carrying a firearm there would be a violation of the law. |
| TRIBAL LAND | Tribal land regulations vary by tribe. Some, like Nambe Pueblo, strictly prohibit firearms. Other tribes require a valid New Mexico permit. You should consult the specific tribal authority. |
| CARRY WHILE USING ALCOHOL OR A CONTROLLED DANGEROUS SUBSTANCE? | No. Carrying while consuming alcohol or while impaired by alcohol or other controlled substances is not allowed. |
| NON-RESIDENT PERMITTING? | Yes, but only for members of the military permanently stationed in New Mexico and their dependents. Out-of-state permits may also be recognized if the state has a reciprocity agreement with New Mexico. |
| BRANDISHING? | There is no specific “brandishing” definition under New Mexico law. However, it is illegal to negligently use a firearm in a way that endangers another person, or to threaten someone with a deadly weapon. |
| DRIVER’S LICENSE LINKED TO CARRY PERMIT? | Yes. Your New Mexico driver’s license is linked to your concealed handgun license, so law enforcement will be aware of your CHL status if they run your license. |
| PREEMPTION? | Yes. New Mexico has preemption of firearms laws, meaning state law supersedes local ordinances regarding handgun possession and carry. |
Handgun Purchase & Possession Questions
| WAITING PERIOD? | Yes, as of May 15, 2024, New Mexico will have a waiting period requirement for handgun purchases. |
| PERMIT EXEMPTS FROM BACKGROUND CHECK? | No. Having a New Mexico concealed carry license does not exempt you from passing a background check when purchasing a firearm. |
| PURCHASE PERMITS? | No permit is required to purchase a handgun in New Mexico. |
| BACKGROUND CHECKS FOR PRIVATE GUN SALES? | Yes. Since July 1, 2019, background checks are required for private firearm sales unless the sale is between immediate family members or law enforcement officers. |
| MINIMUM AGE TO POSSESS AND TRANSPORT? | The minimum age to possess and transport a handgun in New Mexico is 19. |
| POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A PERMIT? | Yes. A concealed carry license is not required to carry a handgun in your home or on property you own or lease. |
| HANDGUN REGISTRATION? | No. There is no handgun registration requirement in New Mexico. |
Concealed Carry Reciprocity With Other States
| WHAT ARE ALL STATE CONCEALED CARRY LICENSES DOES THE STATE OF NEW MEXICO HONOR? | New Mexico honors permits from the following states with which it has reciprocity agreements: Arizona (21+), Arkansas (21+), Colorado, Delaware (21+), Florida (handguns only), Kansas, Michigan, Mississippi (21+), Missouri (21+), Nebraska, Nevada (21+), North Carolina, North Dakota (Class 1 only), Ohio, Oklahoma (21+), South Carolina, South Dakota (Enhanced only), Texas (21+), Virginia, and Wyoming (21+). |
| WHAT ARE ALL OTHER STATES THAT HAVE RECIPROCITY WITH THE STATE OF NEW MEXICO? | The following states honor New Mexico’s permit: Alabama (permitless, 19+), Arkansas (permitless, 18+), Delaware, Idaho (permitless, 18+), Indiana (permitless, 18+), Minnesota, Montana (permitless, 18+), Nevada, New Hampshire (permitless, 18+), North Carolina, North Dakota (permitless, 18+), South Dakota (permitless, 18+), Vermont (permitless, 18+), Virginia, and Wisconsin. Always check each state’s laws before traveling. |
| WHAT ARE ALL THE OTHER STATES THAT HAVE RESTRICTED RECIPROCITY WITH THE STATE OF NEW MEXICO? | Alaska (21+), Arizona (21+), Colorado (21+, resident only), Florida (21+), Georgia (21+), Iowa (21+), Kansas (21+), Kentucky (21+), Louisiana (21+), Maine (21+), Michigan (21+, resident only), Mississippi (21+), Missouri (permitless carry, 19+ or 18 for military), Nebraska (21+), Ohio (21+), Oklahoma (21+), South Carolina (permitless carry, 18+), Tennessee (permitless carry, 18+), Texas (21+), Utah (21+), West Virginia (21+), Wyoming (21+). Some states require resident-only permits or impose additional conditions. |
| WHAT ARE ALL THE PERMITLESS CARRY STATES? | Permitless carry (also referred to as constitutional carry) is recognized in these states:
Requirements vary in each state, so verify the specifics before carrying. |
Concealed Carry License Information Questions
| WHAT DO YOU DO IF A PERMIT IS LOST OR STOLEN? | You must furnish the New Mexico Department of Public Safety with a notarized statement and pay a fee for a duplicate. If the license is lost or stolen, file a police report and include the case number in the statement. |
| HOW LONG ARE PERMITS VALID FOR? | New Mexico CHLs are valid for 4 years, except for members of the military, law enforcement officers (LEOs), and retired LEOs, who may receive a 5-year permit. |
| LINK TO APPLICATION | As of January 9, 2023, you can complete the application online. Visit the New Mexico Department of Public Safety (NMDPS) website for details. |
| ARE NON-RESIDENT CONCEALED CARRY PERMITS ISSUED? | Yes, but only for members of the military stationed in New Mexico and their dependents. Otherwise, New Mexico does not issue non-resident CHLs. |
| WHAT HAPPENS IF YOU MOVE TO OR OUT OF NEW MEXICO AND WANT OR HAVE A CONCEALED CARRY PERMIT? | If moving to New Mexico, you can apply for a CHL once you establish residency. If you move out of New Mexico, your existing CHL expires upon establishing residency in the new state. |
| WHAT ARE THE FEES FOR A CONCEALED CARRY PERMIT? | An initial license costs $100 ($56 application fee + $44 fingerprint fee). Renewals cost $75. For military members, there is no application fee, though a $12 fingerprint fee applies. |
| WHAT IS THE PROCESSING TIME? | Approximately 30 days. |
| WHAT IS THE PROCESS FOR NAME OR ADDRESS CHANGES? | You must notify the NMDPS within 30 days and submit a Concealed Handgun License/Replacement Card Application. |
| WHAT ARE THE REQUIREMENTS? | An applicant must be at least 21 years old, be a U.S. citizen or Permanent Resident Alien, complete a 15-hour training course (unless exempted by recent military service), have no disqualifying criminal record or mental health issues, and meet federal law requirements. |
| WHAT IS THE CONCEALED CARRY PERMIT APPLICATION PROCESS? | 1) Complete the required firearms training. 2) Submit fingerprints via IDEMIA or at NMDPS Headquarters. 3) Gather necessary documents (birth certificate, training certificate, ID). 4) Submit the application and fees to NMDPS. 5) Wait for approval (up to 30 days). |
| WHAT ARE THE TRAINING REQUIREMENTS FOR A CONCEALED CARRY LICENSE? | A 15-hour approved course covering safe handgun use, laws governing deadly force, live-fire practice, and more. If you were discharged from the military within the last 20 years, you may be exempt from the training requirement. |
| WHAT IS THE CONCEALED CARRY PERMIT RENEWAL PROCESS? | Renew within 60 days before or after the permit’s expiration date. A 2-hour refresher course is required at the 2-year mark, and a 4-hour refresher is required at renewal. Submit the renewal application, any training proof, and fees to NMDPS. |
| WHERE CAN I CARRY A CONCEALED FIREARM? | You may carry in many locations, including roadside rest areas, vehicles (if you are 19+), and state/national parks (with a valid permit). Always note posted signs or restricted areas. |
| WHERE CAN’T I CARRY A CONCEALED FIREARM? | Off-limits areas include public schools, bars serving hard liquor, correctional facilities, certain city parks, certain tribal lands, posted private property, and other locations prohibited by law. |
| IS THERE A HUNTER HARASSMENT LAW? | Yes. New Mexico law prohibits interfering with another individual who is lawfully hunting, trapping, or fishing. |
| CAN I CARRY WHILE HUNTING? | Yes, with a valid permit. However, you cannot use the handgun for harvesting unless a handgun is a legal hunting weapon for that season and game. |
| CAN I CARRY WHILE BOW HUNTING? | Yes, for self-defense only. You cannot use the handgun to harvest an animal unless it is a legal weapon type for that hunt. |
| WHAT ARE THE KNIFE LAWS? | It is illegal to possess switchblades, balisongs, or butterfly knives. Concealing other deadly knives outside your residence or real property is also prohibited. |
| CAN I WEAR A COVID MASK AND CARRY CONCEALED? | Yes. There is no state law prohibiting wearing a COVID mask while carrying a concealed firearm, provided you have no intent to commit an illegal act. |
| ARE THERE ANY SPECIAL CONSIDERATIONS FOR LEO’S (LAW ENFORCEMENT OFFICERS) OR RETIRED LEO’S? | Yes. Qualified LEOs and retired LEOs may carry under LEOSA (HR 218). Retired officers meeting certain criteria can obtain a 5-year concealed handgun carry license. Check with NMDPS for specific requirements. |
Legal Note
This article is for general informational purposes only and does not constitute legal advice. While every effort has been made to provide accurate and up-to-date information, laws and regulations may change, and individual circumstances can vary. It is solely the reader’s responsibility to verify the accuracy and applicability of any information presented here. The author, publisher, and any affiliated entities assume no liability for actions taken by readers based on the content of this article. For specific legal guidance, please consult a qualified attorney.
