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Old August 5, 2005, 11:34 AM   #1
rmcginley
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Question for NM LEO

I'm a Texas resident and CHL holder. In November I'm making a driving trip to Arizona via I-10. I know Arizona and Texas are reciprocal states. It's the path through NM I'm not sure about. While traveling through New Mexico may I still keep my weapon loaded inside my vehicle? In the unlikely event I'm stopped by LE should I render my Texas CHL along with my driver's license as we do here in Texas.

I know these may seem like "bone head" questions but I appreciate any advice offered. I've been to the packing.org site but I have to admit I'm not willing to risk misinterpreting the rules when I may have an opportunity for a sanity check here.
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Old August 8, 2005, 01:59 AM   #2
catsRus
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I am not a LEO, but I think I can answer your question..

In NM your car is an extension of your home so carrying in it is legal. In plain sight, under the seat, or in the glovebox doesn't matter. Just dont conceal it on your person.

No need for the licence. No need to offer it, so far it has no meaning here, hopefully soon they will have reciprocity. The law is passed the beureocrats have to implement it now.

Open carry is legal here. Concealed carry is legal with out a permit IF it is not loaded. Need a LEO to give you the specifics on where the ammo can be, thats a little vague.
CCW without a permit is a misdermeanor.
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Old August 9, 2005, 12:20 PM   #3
rmcginley
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On NM...

Thanks for the feedback.

BTW: I'm looking forward to the reciprocity going into effect...seems a little one sided right now.
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Old August 11, 2005, 03:01 PM   #4
culcune
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Ask (I think) Val Kilmer

If I remember correctly, the actor Val Kilmer was quoted as saying that when he visits his ranch in New Mexico, he carries a firearm in his car. He said that the county the ranch is in has one of the highest murder rates in the country due to drunks getting crazy. Don't quote me word-for-word, but does anyone else remember something like this from him?
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Old August 12, 2005, 08:04 AM   #5
Erich
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Yep, that's pretty much what Val (who lives in Pecos) said.

I'm a NM lawyer who's been practicing criminal law for quite a while. Bear in mind that there are lots of places that you can't carry a gun, period (don't have time to list them all, but the list includes buses, schools, universities, prison grounds, jails, etc.).

That said, here's the statute that's relevant to your question.

NMSA 1978, § 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 person's or another's person or property;

(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];

(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or

(5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

Please feel free to email me if you need clarification. There is no requirement in NM law that you hand over your CHL if stopped by police (see NMSA 1978, § 29-19-1, et seq.), but I would strongly advise that you do so.
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Old August 13, 2005, 08:19 AM   #6
rmcginley
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Question for NM LEO...

Erich,

I couldn't have asked for a better reply. Thank you.

Rick McGinley

UNM Lobo Alumni
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Old August 15, 2005, 09:14 AM   #7
Erich
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You're most welcome, and you're too kind.

UNM Law, '93
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Old August 17, 2005, 11:30 PM   #8
culcune
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Thanks, Erich

I used to live in the middle of the Navajo Nation in Arizona for 2 years where I worked as a teacher. My next-door neighbor was a Navajo Nation police officer who was also the district safety resource officer. I asked him about the open carry laws within the Reservation boundaries, and he told me that they followed AZ laws for firearms. I used to drive the two hours to Gallup to the Wal Mart because the roads were all (somewhat) paved in that direction, as opposed to the two hour drive to Flagstaff which took me over 20 miles of dirt road. (We lived pretty much 2 hours from any retail area) I carried my pistol in the car there, (to Gallup) and was never pulled over, but figured that the law was similar to AZ's. If I ever get the chance to go back to NM (I live way down south in Yuma, AZ) I will bring my firearm along armed (pun intended) with the knowledge that I can legally carry it in my vehicle.

Anyone who reads this and visits the Navajo Nation can legally carry a firearm, but from what I understood, only use it as a last resort. If a firearm is used on a reservation, the FBI will become involved. (I know, I know, the whole point of a firearm is a last resort defense tool by nature, but just keep this in mind). Perhaps Erich or another legal person can clarify this?
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Old August 18, 2005, 12:41 PM   #9
Erich
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Having actually practiced both in the Four Corners and federal law on the Navajo Rez specifically, I wouldn't touch that question with a ten-foot pole!
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Old August 18, 2005, 12:48 PM   #10
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You could legally open carry, not sure about concealed.
http://opencarry.org/nm.html
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Old August 18, 2005, 01:45 PM   #11
Erich
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Yeah, that's what that statute says up-page.
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