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New Mexico Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

New Mexico Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Gun Violence and Gun Control Debates in New Mexico

Gun violence in American cities and mass shootings nationwide continue to spark debates on gun control laws. In 2023, New Mexico Governor Michelle Lujan Grisham declared a public health emergency in response to escalating gun violence, prompted by several tragic incidents involving children.

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Her administration initially imposed restrictions on open and concealed carry in Albuquerque and Bernalillo County through public health orders, which were later adjusted following legal challenges from gun rights advocates. Balancing the rights of gun owners with public safety remains a complex issue amid polarized political climates.

Federal Laws and Constitutional Rights

Federal law, anchored in the Second Amendment, safeguards citizens’ rights to own firearms for lawful purposes such as self-defense. Recent decisions by the U.S. Supreme Court affirm gun ownership as an individual right, scrutinizing laws that potentially infringe on this right through historical analysis and alignment with longstanding firearm regulations.

Federal firearm laws oversee interstate commerce, including licensing, taxation, and the lawful manufacture, sale, and possession of specific firearms. Licensed dealers are required to conduct criminal background checks through the National Instant Criminal Background Check System (NICS), preventing felons, drug users, and others prohibited by law from accessing firearms.

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New Mexico’s Gun Control Laws

Residents of New Mexico must adhere to both federal and state firearm regulations. While the Second Amendment guarantees the right to own firearms, states have authority to enact additional regulations, such as restrictions on firearm purchase, possession, and carrying, as well as bans on certain types of firearms and accessories.

New Mexico’s gun laws are moderate, requiring background checks for private gun sales and a concealed carry permit to carry a concealed loaded handgun.

Key Regulations in New Mexico

  • Concealed Carry: Requires a state-issued license for carrying concealed loaded handguns.
  • Open Carry: Permitted with location restrictions.
  • Red Flag Law: Allows court orders to prevent individuals deemed dangerous from accessing firearms.
  • License Requirements: No license needed for gun ownership; concealed carry requires proof of eligibility and training.
  • Penalties: Include felonies for unlawful possession and misdemeanors for offenses like negligent weapon use and firearm sales without background checks.

Constitutional Carry Laws