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Old March 14, 2014, 12:36 PM   #1
cgjohnst
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New Mexico Gun Law Question

Hey guys, I am looking into picking up a couple new firearms and I'm running into some weird "laws". I moved here with the military a couple weeks ago and some stores have told me all I need is my id and a copy of my orders. Other stores have been telling me I need to wait 60 days after arriving. I just checked with the base exchange and the worker told me it is a 90 day waiting period to purchase after arriving. It just does not make sense to me and I can't get a consistent answer. I've tried researching it online, but I can't find anything. Is there a certain agency to call or am I best off just using the stores that said there is no waiting period. I'm leaning toward just using those, but I would like to know the actual law. Of course it is the place with the 90 day wait that has the 1911 in stock that I want :/ Thanks!
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Old March 14, 2014, 01:11 PM   #2
Spats McGee
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FWIW, according to the NRA-ILA site, there's no permit to purchase or registration of either firearms or owners. I don't see any waiting period, either. As for the place with the 90-day requirement, it seems to me that the question to ask is, "Is that the law or store policy?"

You might also just call these folks: http://www.dps.nm.org/index.php/nm-concealed-carry/
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Old March 14, 2014, 01:15 PM   #3
Grizz12
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when I moved there it was a 60 or 90 day wait but I was a civilian at the time. I would think that your military id would be enough. Heck, go get a NM drivers license and use that with your military id.

You could also call Albq PD or state PD - come to think of it, call both and make sure you get the same answer from both.

BTW, my advice is not free, send a big bag of green chili ASAP
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Old March 14, 2014, 01:19 PM   #4
Grizz12
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Spats - the 90 day wait (or whatever it is) is for new residents only, not for every firearm purchase

There is also a 60 or 90 wait to get a hunting/fishing license at residential prices, not non-resident prices
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Old March 14, 2014, 01:21 PM   #5
Spats McGee
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Thanks, Grizz. I'm not a NM attorney and just took a brief look through their statutes. Just 'cuz I didn't find anything doesn't always mean it isn't there.
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Old March 14, 2014, 01:33 PM   #6
Sharkbite
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Is this a perm change of station or TDY?

Way back when i was in the Marine Corps a copy of your PCS orders would be enough.

But that was when an "Assault Weapon" was a sling shot with a cord longer then 8"
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Old March 14, 2014, 03:31 PM   #7
cgjohnst
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It is a PCS.

I tried sending you some green chili, but the post office wouldn't take the envelope. Apparently they won't take soggy envelopes. Who knew?!

The stores with the waiting periods all say the wait is according to the law. The guy I talked to at the 90 day wait store today told me that the wait is also after you renew your license as well. I'm heading to a tiny gun show in town in just a few minutes. I'll see what the guys there say.
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Old March 14, 2014, 11:37 PM   #8
Dreaming100Straight
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Did the store with the 1911 realize that you were there in the military under permanent orders? The waiting period for new residents may not apply to military transferred under permanent orders and are you confusing waiting to purchase a handgun with waiting to get a concealed weapons permit?

Last edited by Dreaming100Straight; March 14, 2014 at 11:55 PM.
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Old March 15, 2014, 03:19 AM   #9
Dreaming100Straight
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That 90 day residency waiting period sounds like the one FFL's must follow for NCIS, but that is for permanent resident aliens. I wonder if New Mexico is following the same rule for out of state members of the military?

Last edited by Dreaming100Straight; March 15, 2014 at 03:29 AM.
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Old March 15, 2014, 03:26 AM   #10
ClydeFrog
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JAG office; PMO....

You might want to ask the installation's legal affairs office(JAG) or the PMO(provost marshal). Laws & statues vary.
I wouldn't go by some "outhouse lawyer" or some guy in a gun shop parking lot.
Handgunlaw.us is a great free resource. So is www.gunlawguide.com . It's updated often for the most current laws & ordinances.
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Old March 16, 2014, 07:20 PM   #11
kilotanker22
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i am fairly certain there is no wait or residency requirement for long guns. handguns on the other hand can only be sold to residents of the state. the only problem is as long as you are on orders you are technically still a resident of your home state. not sure how that works.


on another note new mexico is the goldstar state for open carry and gun laws to boot.
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Old March 17, 2014, 12:42 PM   #12
raimius
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For firearms purposes, military members are "residents" of the state where their PCS orders are. http://www.atf.gov/files/publication...er-2004-08.pdf
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