The rule does not mention suppressors, silencers or mufflers.
19.31.10 NMAC (hunting and fishing — manner and method of taking)
New Mexico Gun Laws
New Mexico is a shall-issue state for concealed carry: adults 21 and older who complete a 15-hour DPS-approved firearms training course may apply to the Department of Public Safety for a Concealed Handgun License valid for four years. Open carry of a loaded firearm is permitted without a permit for non-prohibited adults 19 and older. New Mexico requires a federal background check for nearly all firearm sales and imposes a seven-day waiting period on most retail and private transfers; the state has a red-flag law (Extreme Risk Firearm Protection Order Act), a constitutional preemption clause barring local firearm regulation, no state assault-weapon ban, no magazine-capacity limit, and no firearm registry.
Sourced from official state legislature, AG, and ATF documents. Last verified October 16, 2026.
At a Glance
In a Vehicle
Common Questions
Do I need a permit to carry concealed in New Mexico?
Yes. Concealed carry of a loaded firearm in public requires a New Mexico Concealed Handgun License (CHL) issued by the Department of Public Safety, or a recognized out-of-state permit if you are not a New Mexico resident. Adults 21+ may apply after completing a 15-hour DPS-approved firearms training course.
Can I open carry without a permit in New Mexico?
Yes. New Mexico allows permitless open carry of a loaded firearm by non-prohibited adults. The unlawful-carrying statute (NMSA § 30-7-2) applies only to CONCEALED loaded firearms — open carry is not covered.
Can I keep a loaded handgun in my glove box without a permit?
Yes. NMSA § 30-7-2(A)(2) excepts the carrying of a loaded concealed firearm in a private vehicle, for lawful protection of person or property, from the unlawful-carrying offense. You may keep a loaded firearm in the glove box, center console, or trunk of your own vehicle without a CHL.
What does it take to get a New Mexico concealed handgun license?
You must be a U.S. citizen, 21 or older, a New Mexico resident (or armed-forces member stationed in NM), pass a background check, complete a DPS-approved 15-hour firearms training course (including live-fire), and submit fingerprints and a $100 application fee. The license is valid for 4 years and requires a 2-hour refresher course at the 2-year mark.
Does New Mexico have constitutional / permitless carry?
Only for open carry. New Mexico is a shall-issue state for concealed carry — a CHL is required to carry concealed in public. Permitless OPEN carry of a loaded firearm is legal for non-prohibited adults.
Is New Mexico a stand-your-ground state?
Yes, by common law and jury instruction. New Mexico has no stand-your-ground STATUTE, but the NM Supreme Court in State v. Couch (1946) and standard jury instruction UJI 14-5190 establish that a person threatened with attack need not retreat and may stand his ground in self-defense.
Can I carry on school grounds in New Mexico?
No. Carrying a deadly weapon on K-12 school premises is a fourth-degree felony under NMSA § 30-7-2.1. Carrying a firearm on a college or university campus is a petty misdemeanor under NMSA § 30-7-2.4. A CHL does not authorize carry on school premises (NMSA § 29-19-8(B)).
Can my employer ban guns in their parking lot?
Yes. 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 without violating state law.
Do I have to tell police I'm armed during a traffic stop?
No. New Mexico has no statutory duty to proactively disclose to a peace officer that you are carrying. A CHL holder must, however, display the license on the officer's demand.
Are silencers and short-barreled rifles legal in New Mexico?
Yes, if you comply with federal law. New Mexico does not prohibit suppressors, SBRs, or SBSs at the state level — they are regulated under the federal National Firearms Act, which requires ATF registration. Lawfully NFA-registered items may be possessed by New Mexico residents.
Do I need to register my gun in New Mexico?
No. New Mexico has no firearm registry and no state law requiring registration. The state constitution's preemption clause also bars local governments from imposing registration.
What's the 7-day waiting period for buying a gun in New Mexico?
Effective May 15, 2024, NMSA § 30-7-7.3 requires a 7-calendar-day waiting period for nearly all firearm sales. Exceptions include sales to FFLs, sales to New Mexico CHL holders, sales to law enforcement agencies, and sales between immediate family members. The waiting period remains enforceable for all buyers except two named plaintiffs in current litigation.
Does New Mexico require a background check for private gun sales?
Yes. Since July 1, 2019, NMSA § 30-7-7.1 requires a federal instant background check (run through an FFL) for virtually all firearm sales — including private sales. Exceptions: sales by/to FFLs, sales to law enforcement, and sales between immediate family members.
Does New Mexico honor my out-of-state concealed carry permit?
New Mexico honors CCW permits from 20 states as of 2026 — including AZ, CO, FL, NV, OK, TX, and VA — but does NOT honor permits issued by another state to a New Mexico resident. The DPS reciprocity table is updated periodically and should be checked before travel.
What changed in New Mexico gun laws recently?
Major changes since 2019: universal background checks (HB 8, 2019), the Extreme Risk Firearm Protection Order Act (SB 5, 2020), the 7-day waiting period (HB 129, 2024), and the state-level conversion-device crime (HB 8, 2025). The 2023 executive-order attempt to suspend Albuquerque carry was enjoined by federal court within days. No assault weapons ban or magazine-capacity limit has been enacted.
Does New Mexico have an assault weapons ban or magazine limit?
No. New Mexico does not have an enacted assault-weapons ban or magazine-capacity limit. Multiple bills (HB 101 in 2023, HB 137 in 2024, SB 17 in 2026) have proposed bans on 'gas-operated semi-automatic firearms' and 10-round magazine caps; SB 17 passed the Senate in February 2026 but did not become law before sine die.
Suppressors and Short-Barreled Rifles
Since October 9, 2026, ATF does not require federal registration or a tax stamp for suppressors or short-barreled rifles (what changed and what didn't). New Mexico's own law still applies, and it is set out below.
Owning a Suppressor
Legal under state law
No New Mexico statute regulates suppressor possession and there is no federal hook. One state requirement does apply, because the private-transfer background check statute, NMSA § 30-7-7.1, defines 'firearm' to include a suppressor, so a private sale has to run through a dealer with a background check and the state's waiting period nominally attaches. That point rests on a single secondary source.
Hunting With a Suppressor
Allowed
No New Mexico hunting rule mentions suppressors. 19.31.10 NMAC, the manner-and-method-of-taking rule, does not mention suppressors, silencers or mufflers, so suppressed hunting is lawful by absence of prohibition with no species limit.
Short-Barreled Rifles
Legal
New Mexico has no short-barreled rifle statute, no barrel-length or overall-length rule, no assault weapon definition and no state registration requirement. A 2023 bill that would have banned suppressors and short-barreled rifles was amended and never enacted.
The weapons article has no silencer or short-barreled rifle provision. The nearest adjacent change is the 2025 conversion-device law at § 30-7-3.1, which is machine-gun adjacent.
NMSA 1978 ch. 30, art. 7 (weapons and explosives — no silencer provision)
ATF stopped requiring NFA approval and registration for suppressors, short-barreled rifles, short-barreled shotguns and AOWs on October 9, 2026, but says the policy does not affect state or local law and that it cannot say whether an unregistered item counts as lawfully held under federal law for state-law purposes. New Mexico was not among the states FPC wrote to on October 9, 2026, because its law has no federal hook.
"ATF cannot opine on whether holding an unregistered firearm or silencer pursuant to ATF's enforcement discretion will qualify for state-law purposes as lawfully held (or registered) under federal law."
Checked against the statutes on October 11, 2026. Compare suppressor prices.
Permitless / Constitutional Carry
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. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"(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 ... C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor."
NMSA 1978 § 30-7-2 (concealed loaded firearm requires CHL) statute
Concealed Carry Permit
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."
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..."
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."
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
Open Carry
New Mexico's unlawful-carrying offense applies only to carrying a CONCEALED loaded firearm or deadly weapon, so open carry of a loaded firearm in public is not prohibited by § 30-7-2. Carrying an unloaded firearm is expressly excluded from the offense. The 19-and-older floor for handguns comes from a separate statute, § 30-7-2.2, which bars handgun possession by a person under 19 outside listed exceptions; federally prohibited persons remain barred. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"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: ... B. 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) statute
Vehicle Carry
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. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"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: ... (2) 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) statute
Employer Parking-Lot Protection
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
Reciprocity
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
Castle Doctrine
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. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"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) statute
Stand Your Ground
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
Duty to Disclose
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."
Prohibited Places
Carrying a deadly weapon on K-12 school premises (buildings, grounds, playgrounds, playing fields, parking areas and school buses, plus other public grounds while school-sanctioned activities are held there) is a fourth-degree felony. Exceptions cover peace officers, school security personnel, ROTC and hunter-safety programs, school-approved activities, and a person older than nineteen on school premises in a private automobile for lawful protection of person or property. There is no exception for CHL holders. Marked partial: the earlier summary's condition that the vehicle occupant must not 'display or remove' the firearm is not in the statute; the actual conditions are age over 19 and 'for lawful protection'. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"(5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property. ... C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony."
NMSA 1978 § 30-7-2.1 (Unlawful carrying of a deadly weapon on school premises) statute
Carrying a firearm on university premises (any baccalaureate institution, community college, branch community college, technical-vocational institute or area vocational school, including parking areas) is a petty misdemeanor. Exceptions mirror the school statute: peace officers, university security, ROTC and hunter-safety programs, university-approved activities, and a person older than nineteen in a private automobile for lawful protection. Marked partial: the statute requires universities to post notices, but it does not make notice an element of the offense, so the earlier claim that a violation cannot be charged without prior notice is not supported by the text. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by: ... B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises."
NMSA 1978 § 30-7-2.4 (Unlawful carrying on university premises) statute
Carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages is a fourth-degree felony. Exceptions cover law enforcement, the licensee/operator and their security staff, hotel rooms, parking areas, and CHL holders carrying concealed at a licensed establishment that does not sell alcohol for on-premises consumption or at a beer-and-wine restaurant deriving at least 60% of gross receipts from food, unless it posts a no-firearms sign or the owner/manager says so. Read in the official NMSA 1978 compilation (NM Compilation Commission, nmonesource.com, Chapter 30) on 2026-10-16.
"(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license ... on the premises of: (a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or (b) a restaurant licensed to sell only beer and wine"
NMSA 1978 § 30-7-3 (Unlawful carrying in licensed liquor establishments) statute
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."
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."
Background Checks
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."
Minimum Purchase Age
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."
Firearm Registration
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. Constitutional text read as quoted in N.M. Attorney General Opinion No. 90-07 (Mar. 28, 1990) on nmonesource.com, 2026-10-16; the AG concluded the 1986 sentence removed local police-power authority over firearms.
"No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."
Red Flag / ERPO
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
Assault Weapon Ban
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
Magazine Capacity
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. Constitutional text read as quoted in N.M. Attorney General Opinion No. 90-07 (Mar. 28, 1990) on nmonesource.com, 2026-10-16; the AG concluded the 1986 sentence removed local police-power authority over firearms.
"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; N.M. Att'y Gen. Op. No. 90-07 (1990) ag
NFA Items
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."
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
State Preemption
Since 1986 the New Mexico Constitution has preempted municipal and county firearm regulation: Article II § 6 prohibits municipalities and counties from regulating 'in any way' an incident of the right to keep and bear arms, and AG Opinion 90-07 concludes the 1986 sentence removed the police-power authority localities previously had (buying and selling firearms is such an incident). Marked partial: the earlier claim of exceptions for siting sport shooting ranges and municipal discharge ordinances is not in the constitutional text and could not be tied to an NMSA section in this pass (Chapters 3 and 4 searched). Read 2026-10-16.
"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 … No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."
Recent Changes
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."
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."
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."
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
Recent Law Changes
ERFPO amendment — law enforcement credible-information petitions
effective June 20, 2025A 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.
Weapon conversion device crime (HB 8, 2025, Ch. 4)
effective February 27, 2025NM 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.
7-Day waiting period (HB 129, 2024, Ch. 46)
effective May 15, 2024NM 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.
Executive Order 2023-130 carry suspension enjoined (NAGR v. Grisham)
effective September 12, 2023Governor 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)
Extreme Risk Firearm Protection Order Act (SB 5, 2020)
effective May 20, 2020NM 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.
Universal background check law (HB 8, 2019)
effective July 1, 2019NM 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.
Where Carry Is Prohibited
School
Carrying a deadly weapon (including a firearm) on K-12 school premises is a fourth-degree felony under NMSA § 30-7-2.1. Exceptions exist for authorized peace officers and security personnel. A NM CHL does not authorize carry on K-12 grounds.
University
Carrying a firearm on the premises of a college, university, or other post-secondary educational institution is a petty misdemeanor under NMSA § 30-7-2.4. The statute separately directs universities to post notices that carrying is unlawful, but posted notice is not an element of the offense. A NM CHL does not authorize carry on university premises.
Preschool
A CHL licensee may not carry a concealed handgun on the premises of a preschool that provides care to children aged five and younger (whether or not the facility is licensed, registered, or regulated).
Courthouse
A New Mexico concealed handgun license is NOT valid in a courthouse or court facility unless authorized by the presiding judicial officer. Most courthouses post additional security restrictions and metal-detector screening.
Licensed Liquor Establishment
Carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages is a fourth-degree felony under NMSA § 30-7-3, except for law enforcement, the owner/operator and their security personnel, and (in certain establishments such as restaurants holding only a beer-and-wine license) CHL holders.
Tribal Land
A New Mexico concealed handgun license is not valid on tribal land within the state unless authorized by the governing body of the relevant Indian nation, tribe, or pueblo. Tribal sovereignty governs firearm carry on each reservation/pueblo individually.
Posted Private Property
A CHL licensee may not carry a concealed handgun on private property where signs are posted prohibiting concealed weapons, or where a person lawfully in possession of the property verbally instructs the licensee to disarm.
While Consuming Alcohol
A licensee may not consume alcohol while carrying a concealed handgun, and may not carry a concealed handgun while impaired by alcohol, controlled substances (including cannabis), or over-the-counter or prescribed medications.
Reciprocity
New Mexico Honors Permits From
AZ
AR
CO
DE
FL
KS
MI
MS
MO
NE
NV
NC
ND
OH
OK
SC
SD
TX
VA
WY
States That Honor New Mexico's Permit
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
Sources & Methodology
Every fact on this page is paired with a citation to the underlying statute, attorney general guidance, court opinion, or ATF document. We do not rely on summaries from advocacy organizations as primary sources. Last verified October 16, 2026 against the official sources.
Legal Disclaimer — Please Read
This page is for informational purposes only and is not legal advice. We are not attorneys and nothing here creates an attorney-client relationship. Gun laws are complex, change frequently, and are interpreted differently across jurisdictions and individual fact patterns.
Before relying on any information on this page — to carry a firearm, purchase a firearm, travel across state lines, or respond to a self-defense situation — you should:
- Verify the current text of any cited statute directly with the official state legislature, attorney general, or state police website.
- Check for amendments, pending litigation, or recent court rulings that may have changed the law since this page was last verified.
- Consult a licensed attorney in New Mexico for advice on your specific situation.
The controlling document is the statute or court ruling, not this page. We make no warranty as to the accuracy, completeness, or timeliness of this information, and we disclaim all liability for any reliance placed upon it.