New Mexico Gun Laws

New Mexico does NOT have permitless (constitutional) concealed carry. Carrying a concealed loaded firearm in public is a petty misdemeanor unless the carrier holds a valid CHL issued under the Concealed Handgun Carry Act or qualifies for a statutory exception (own residence/property, private vehicle for lawful protection, peace officer). The state does allow permitless OPEN carry of a loaded firearm.

"A person in possession of a valid concealed handgun license issued by the department of public safety pursuant to the Concealed Handgun Carry Act shall be exempt from the provisions of this section."

NMSA 1978 § 30-7-2 (concealed loaded firearm requires CHL) secondary

New Mexico is a shall-issue state: the Department of Public Safety shall issue a Concealed Handgun License to an applicant who is a U.S. citizen, a New Mexico resident (or member of the armed forces stationed in NM), 21 years of age or older, not a fugitive, not a felon, not under indictment, not federally prohibited, not adjudicated mentally incompetent or committed, not addicted to alcohol or controlled substances, and has satisfactorily completed a DPS-approved firearms training course.

"The department shall issue a concealed handgun license to an applicant who: (1) is a citizen of the United States; (2) is a resident of New Mexico... (3) is twenty-one years of age or older... (10) has satisfactorily completed a firearms training course approved by the department."

NMSA 1978 § 29-19-4 (Applicant qualifications) statute

An approved firearms training course shall not be less than fifteen hours in length and must include classroom instruction, range instruction, and an actual demonstration of safe handgun use. The applicant must be able to use a handgun of at least .32 caliber. A two-hour refresher course is required two years after issuance of an original or renewed license.

"The firearms training course shall be not less than fifteen hours in length and shall provide instruction regarding: (1) knowledge of and safe handling of single and double-action revolvers and semiautomatic handguns; (2) safe storage of handguns and child safety; (3) safe handgun shooting fundamentals; (4) live shooting of a handgun on a firing range..."

NMSA 1978 § 29-19-7 (Course requirement; 15 hours) statute

Original and renewed concealed handgun licenses are valid for a period of four years from the date of issuance, unless the license is suspended or revoked. Military and law enforcement licenses are valid for five years.

"Original and renewed concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked."

NMSA 1978 § 29-19-3 (Period of licensure — 4 years) statute

The New Mexico Department of Public Safety, Law Enforcement Records Bureau, Concealed Carry Unit administers the Concealed Handgun Carry Act. Application fee is $100 for new applications and $75 for renewals. Processing is supposed to take 30 days after the application AND background check are complete; background checks may take 90 days or longer.

"Concealed Carry Licenses"

NM Department of Public Safety — Concealed Carry Licenses ag

New Mexico's unlawful-carrying offense applies only to carrying a CONCEALED loaded firearm or deadly weapon — open carry of a loaded firearm in public is not prohibited for adults 19 and older who are not federally prohibited. Carrying an unloaded firearm is expressly excluded from the offense.

"Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere... Nothing in this section shall be construed to prevent the carrying of any unloaded firearm."

NMSA 1978 § 30-7-2 (Unlawful carrying of a deadly weapon) secondary

NMSA § 30-7-2(A)(2) excepts from the unlawful-carrying offense the carrying of a loaded concealed firearm in a private automobile or other private means of conveyance, for the lawful protection of the person's or another's person or property. A loaded handgun may therefore be carried in the glove box, center console, or trunk of a private vehicle without a CHL.

"Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except... in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property."

NMSA 1978 § 30-7-2(A)(2) (private-conveyance exception) secondary

New Mexico has no employer parking-lot protection statute. Private employers may bar employees from storing firearms in their personal vehicles parked on employer property, and no state law protects employees from adverse action for doing so. Concealed Handgun Carry Act § 10.8.2.16 only addresses carrying a concealed handgun ON the licensee's person on posted private property.

"A licensee shall 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."

No NM statute — employer parking-lot firearms not protected by state law ag

NM DPS has discretionary authority to grant reciprocity to permits from states that meet substantial-equivalence criteria. As of 2026, NM honors CHL/CCW permits from 20 states: AZ, AR, CO, DE, FL, KS, MI, MS, MO, NE, NV, NC, ND, OH, OK, SC, SD, TX, VA, WY. 29 states honor the NM CHL: AL, AK, AZ, AR, CO, DE, FL, ID, KS, MI, MN, MS, MO, MT, NE, NV, NC, ND, OH, OK, SC, SD, TN, TX, UT, VA, WV, WI, WY. NM does NOT recognize an out-of-state permit issued to a New Mexico resident.

"The secretary or his designee shall have discretionary authority to afford transfer or reciprocity to a concealed handgun license issued by another state... No reciprocity shall be afforded to a license issued by another state to a New Mexico resident."

10.8.2.29 NMAC + NM DPS Recognition and Reciprocity Table ag

New Mexico's castle doctrine is rooted in NMSA § 30-2-7 (justifiable homicide in defense of habitation) and State v. Couch, 1946-NMSC-047, 52 N.M. 127, 193 P.2d 405, which held that a homeowner attacked at his home need not retreat and may use deadly force to repel a felonious intrusion. New Mexico has no statutory presumption of reasonable belief (unlike many castle-doctrine states), but the common-law rule from Couch is binding precedent and codified in jury instruction UJI 14-5170.

"An attack upon a dwelling, and especially in the night, is regarded as equivalent to an assault on a man's person; for a man's house is his castle, and therefore, by the laws of England, is never to be violated with impunity."

NMSA 1978 § 30-2-7 (Justifiable homicide by citizen) + State v. Couch court

NMSA § 30-2-7 makes homicide justifiable when a citizen acts in necessary defense of life, family, or property, in defense of habitation against a felonious intruder, or when necessarily committed in lawfully suppressing a riot or keeping the peace.

"Homicide is justifiable when committed by any person in any of the following cases: A. when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family."

NMSA 1978 § 30-2-7 (Justifiable homicide by citizen) secondary

New Mexico has no stand-your-ground STATUTE but recognizes the doctrine as a matter of common law and Uniform Jury Instructions. The standard self-defense jury instruction (UJI 14-5190) tells juries that a person who is threatened with an attack need not retreat and may stand his ground and defend himself. Originated in State v. Couch (1946).

"A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself."

State v. Couch, 1946-NMSC-047, 52 N.M. 127, 193 P.2d 405; UJI 14-5190 NMRA court

New Mexico has no general statutory duty to proactively inform a peace officer that you are carrying a concealed handgun. A licensee carrying a concealed handgun must, upon demand by a peace officer, display the CHL — but proactive disclosure is not required.

"A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display their valid license to carry a concealed handgun."

10.8.2.16(D) NMAC (Display of license on demand) ag

Carrying a deadly weapon on K-12 school premises is a fourth-degree felony. Limited exceptions exist for authorized law enforcement, qualified security personnel, and persons in a private vehicle on school property who do not display or remove the firearm. CHL holders may not carry on school premises.

"Unlawful carrying of a deadly weapon on school premises consists of: A. carrying a deadly weapon on school premises except by: (1) a peace officer; (2) school security personnel; (3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs..."

NMSA 1978 § 30-7-2.1 (Unlawful carrying of a deadly weapon on school premises) secondary

Carrying a firearm on the premises of a college, university, or other post-secondary educational institution is a petty misdemeanor. The carrier must be given prior notice (signage or actual notice) before a violation can be charged.

"Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises."

NMSA 1978 § 30-7-2.4 (Unlawful carrying on university premises) secondary

Carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages is a fourth-degree felony, with exceptions for law enforcement, the licensee/operator/their security staff, and (for certain establishments such as restaurants serving beer/wine) CHL holders.

"Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages."

NMSA 1978 § 30-7-3 (Unlawful carrying in licensed liquor establishments) secondary

NMSA § 29-19-8 enumerates premises where a CHL does not authorize concealed carry. Subsection (B) prohibits carry on K-12 school premises (separate from the criminal prohibition in NMSA § 30-7-2.1, which applies to all carriers regardless of CHL status). Subsection (C) prohibits carry on preschool premises that provide care to children aged five and younger. Other prohibited premises under the section and related regulation include courthouses, licensed liquor establishments, tribal land, and posted private property.

"Preschools (29-19-8 NMSA 1978)"

NMSA 1978 § 29-19-8 (Premises where carrying of a concealed handgun is prohibited) ag

A concealed handgun license is not valid in a courthouse or court facility unless authorized by the presiding judicial officer (NMSA § 29-19-11). A CHL holder may not carry on the premises of a preschool that provides care to children aged five and younger (10.8.2.16(G) NMAC).

"A concealed handgun license shall not be valid in a courthouse or court facility, unless authorized by the presiding judicial officer for that courthouse or court facility."

NMSA 1978 § 29-19-11 (CHL not valid in courthouse) / 10.8.2.16(G) (preschools) statute

A CHL licensee may not carry a concealed handgun on private property where signs are posted prohibiting concealed weapons, or where the licensee has been verbally told to disarm by a person lawfully in possession of the property.

"In addition to other limitations stated in the act, a licensee shall 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."

10.8.2.16(F) NMAC (posted private property) ag

A New Mexico concealed handgun license is NOT valid on tribal land within the state unless authorized by the governing body of the Indian nation, tribe, or pueblo.

"A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo."

NMSA 1978 § 29-19-10 (Tribal land) statute

Effective July 1, 2019, NMSA § 30-7-7.1 requires a federal instant background check (NICS) on virtually all firearm sales for fee or consideration, including private sales. The seller must arrange the check through an FFL. Exceptions: sales by/to an FFL, sales to a law enforcement agency, sales between two certified law enforcement officers, and (per the 2024 HB 129 amendment) sales between immediate family members. Violation is a misdemeanor.

"Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check where the sale is made for a fee or other consideration."

NMSA 1978 § 30-7-7.1 (Unlawful sale of a firearm without a background check) statute

Effective May 15, 2024, NMSA § 30-7-7.3 requires a waiting period of seven calendar days for the sale and transfer of a firearm. The waiting period includes the time required to conduct the federal background check; if the NICS check is incomplete after 7 days the seller must wait, and may transfer only if NICS is still incomplete after 20 days. Exceptions: sales to FFLs, sales to New Mexico CHL holders, sales to law enforcement agencies, sales between two certified law enforcement officers, and sales between immediate family members. Violation is a misdemeanor.

"A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer. The seven-calendar-day waiting period shall include the period required to conduct a federal instant background check."

NMSA 1978 § 30-7-7.3 (7-day waiting period) — HB 129 (2024), Ch. 46 statute

NM DPS confirms the 7-day waiting period took effect May 15, 2024. As of August 2025, a divided panel of the U.S. Tenth Circuit Court of Appeals held in Ortega v. Grisham that the waiting period is likely unconstitutional as applied to buyers who have passed a background check; a district court has enjoined enforcement only against two named plaintiffs. The waiting period remains in effect for all other firearm purchasers.

"The waiting period remains in effect for all other firearm purchasers."

NM DPS — 7-Day Waiting Period ag

Federal law requires that handguns be purchased from a federally licensed dealer only by buyers 21 or older, while long guns may be purchased from an FFL at 18. New Mexico has not enacted a higher state minimum purchase age beyond federal requirements.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal FFL purchase age) atf

New Mexico does not maintain a firearm registry and has no state statute requiring registration of firearms. The state constitution's preemption clause prohibits local governments from imposing registration requirements.

"No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

NM Constitution Art. II § 6 (preemption) — no state firearm registry statute secondary

Effective May 20, 2020, New Mexico enacted the Extreme Risk Firearm Protection Order Act (SB 5), codified at NMSA Chapter 40 Article 17. A law enforcement officer may petition a district court for an emergency (probable cause, 15-day duration) or one-year (preponderance of the evidence) order requiring a respondent to surrender firearms and ammunition. Violation of an order is a misdemeanor.

"Sections 1 through 14 of this act may be cited as the 'Extreme Risk Firearm Protection Order Act'."

NMSA 1978 §§ 40-17-1 through 40-17-13 (Extreme Risk Firearm Protection Order Act) — SB 5 (2020) statute

The NM Courts ERFPO program confirms that only law enforcement officers (including District Attorney attorneys) may petition. A temporary order may issue ex parte on probable cause; a hearing on a one-year order is held within 10 business days. A 2025 amendment effective June 20, 2025 allows officers to petition based on credible information they collected during official duties, without a notarized civilian affidavit.

"Only Law Enforcement Officers (LEOs), including District Attorney attorneys, may file an ERFPO petition."

NM Courts — Extreme Risk Firearm Protection Order (ERFPO) ag

New Mexico does NOT have an assault-weapon ban. Multiple bills targeting 'gas-operated semi-automatic firearms' and similar categories have been introduced in recent sessions (HB 101 in 2023, HB 137 in 2024, SB 17 in 2026); the 2026 SB 17 passed the Senate 21-17 in February 2026 but did not advance through the House before sine die adjournment. No AWB has been signed into law.

"SB 17 2026 — AGENCY BILL ANALYSIS — 2026 SESSION"

No NM statute — multiple bills (HB 101 2023, HB 137 2024, SB 17 2026) failed to enact statute

New Mexico imposes no magazine-capacity limit. The state constitution's preemption clause bars local governments from imposing one. Bills proposing limits (including 2026 SB 17's 10-round cap) have failed to become law.

"No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

No NM statute imposing magazine-capacity limit secondary

Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and machine guns are regulated under the federal National Firearms Act and require ATF registration. New Mexico does not impose a state-level prohibition on NFA-compliant suppressors, SBRs, or SBSs.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

New Mexico's 2025 omnibus public-safety package (HB 8, Ch. 4, signed Feb. 27, 2025) created the state crime of unlawful possession of a weapon conversion device (auto sears / 'Glock switches') and prescribed penalties. NFA-registered, lawfully possessed machine guns are not affected; the new offense targets unlawfully obtained conversion devices.

"CREATING THE CRIME OF UNLAWFUL POSSESSION OF A WEAPON CONVERSION DEVICE AND PRESCRIBING PENALTIES."

NMSA 1978 § 30-7-8 (machine gun definition) — auto conversion devices criminalized by 2025 HB 8 statute

Since 1986 the New Mexico Constitution has preempted municipal and county firearm regulation. Article II § 6 expressly prohibits municipalities and counties from regulating 'in any way' an incident of the right to keep and bear arms. Limited exceptions remain for siting of sport shooting ranges and ordinances on discharge of firearms within municipal boundaries.

"No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

NM Constitution Art. II § 6 (right to bear arms / local preemption) secondary

Effective July 1, 2019, NM HB 8 enacted NMSA § 30-7-7.1, requiring a federal instant background check on virtually all firearm sales for fee or consideration — including private sales, with exceptions for FFL-involved sales, law-enforcement transfers, and (later) immediate family member sales.

"EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019."

HB 8 (2019) — Universal background check law statute

Effective May 20, 2020, NM SB 5 created the Extreme Risk Firearm Protection Order Act at NMSA Chapter 40 Article 17, allowing law enforcement to petition for civil orders requiring a respondent who poses imminent danger to surrender firearms and ammunition.

"CREATING THE EXTREME RISK FIREARM PROTECTION ORDER ACT; PROVIDING FOR THE ISSUANCE OF COURT ORDERS TO REQUIRE THE RELINQUISHMENT OF FIREARMS FOR SOME PERIOD UNDER CERTAIN CIRCUMSTANCES."

SB 5 (2020) — Extreme Risk Firearm Protection Order Act statute

Effective May 15, 2024, NM HB 129 (Chapter 46, Laws of 2024) created NMSA § 30-7-7.3, imposing a 7-calendar-day waiting period on most firearm sales. The Tenth Circuit held in August 2025 that the law is likely unconstitutional as applied to background-check-cleared buyers, but the statute remains in force except as to two enjoined named plaintiffs.

"A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer."

HB 129 (2024), Ch. 46 — 7-Day Waiting Period statute

Effective February 27, 2025, NM HB 8 (Chapter 4, Laws of 2025) is an omnibus public-safety bill that created the state-level crime of unlawful possession of a weapon conversion device (auto sears, 'Glock switches'), making it independently prosecutable under state law rather than relying solely on federal NFA enforcement.

"CREATING THE CRIME OF UNLAWFUL POSSESSION OF A WEAPON CONVERSION DEVICE AND PRESCRIBING PENALTIES."

HB 8 (2025), Ch. 4 — Weapon Conversion Device Crime statute

On September 7, 2023, Governor Lujan Grisham issued Executive Order 2023-130 declaring gun violence a public health emergency and suspending both open and concealed carry in Albuquerque/Bernalillo County. The U.S. District Court for the District of New Mexico granted a temporary restraining order against the carry suspension within days in National Association for Gun Rights v. Grisham. The carry suspension was withdrawn; the underlying authority of the governor to declare gun violence a public health emergency was later upheld 3-2 by the NM Supreme Court in 2025 on procedural grounds.

"The Court enters this Temporary Restraining Order to enjoin enforcement of the relevant portions of the Public Health Order."

Executive Order 2023-130 (Public Health Emergency, Sept. 2023) — federally enjoined court

A 2025 amendment to the Extreme Risk Firearm Protection Order Act allows law enforcement officers to file ERFPO petitions based on 'credible information' collected during official duties, without requiring a notarized affidavit from a civilian reporting party. A new Law Enforcement Statement form was adopted by the Administrative Office of the Courts to support this filing method.

NMSA 1978 §§ 40-17-1 through 40-17-13 (as amended)

NM HB 8 (Chapter 4, Laws of 2025) is an omnibus public-safety package that created a state-level crime of unlawful possession of a weapon conversion device (auto sears and 'Glock switches'), enabling state and local law enforcement to prosecute conversion-device offenses independent of federal NFA enforcement.

Laws 2025, Chapter 4 (HB 8)

NM HB 129 (Chapter 46, Laws of 2024) created NMSA § 30-7-7.3, imposing a 7-calendar-day waiting period on most firearm sales. Exceptions include sales to FFLs, NM CHL holders, law enforcement agencies, certified LEOs, and immediate family members. The waiting period is currently being litigated (Ortega v. Grisham, 10th Cir.) but remains enforceable for nearly all buyers.

Laws 2024, Chapter 46 (HB 129)

Governor Lujan Grisham's September 7, 2023 Executive Order suspending open and concealed carry in Albuquerque/Bernalillo County under a 'public health emergency' was preliminarily enjoined by the U.S. District Court for the District of New Mexico within days. The carry suspension portion was not enforced; the NM Supreme Court later upheld the governor's underlying procedural authority to declare gun violence a public health emergency in 2025.

National Association for Gun Rights v. Grisham, No. 1:23-cv-00773 (D.N.M. 2023)

NM SB 5 created the Extreme Risk Firearm Protection Order Act at NMSA Chapter 40, Article 17. A law enforcement officer may petition a district court for a temporary order (probable cause, 15-day duration) or one-year order (preponderance of the evidence) requiring a respondent who poses imminent danger to surrender firearms and ammunition.

Laws 2020, Senate Bill 5

NM HB 8 enacted NMSA § 30-7-7.1, requiring a federal instant background check on virtually all firearm sales conducted for fee or consideration. Sales must be facilitated through an FFL. Limited exceptions for FFL transfers, law-enforcement transfers, and (later) immediate family members.

Laws 2019, House Bill 8