NM Concealed Handgun Law Frequently Asked Questions
Question:
What do I need to include in my application for a Concealed Handgun Permit?
Answer:
Complete Application consists of eight Items:
1) Complete two-page application
2) Photocopy of New Mexico Driver License of ID
3) $100.00 Application Fee (no cash)
4) Certified Original Birth Certificate**
5) Training Certificate
6) Two Fingerprint Cards, complete and signed
7) Health Information Release Form
8) Authorization for Release of Information
** Photocopies and/or Notarized copies will not suffice.
If you would like your Birth Certificate returned include a self-addressed,
stamped envelope in your packet.
Question:
I understand that the Department of Public Safety has thirty days to issue
my license from the time I submit my application, is this true?
Answer:
No. Pursuant to Subsection A of NMSA 29-19-6, the department has thirty days
after receiving a completed application and completing a background
investigation, to either issue a license or deny the applicant. It may take
up to ninety (90) days to complete a background investigation.
The first part of the process involves submission of your fingerprints to
the Criminal Justice Information Services Division of the United States
Department of Justice. The second process involves submission of your name,
date of birth and social security number to the National Instant Criminal
Background Check System at the Federal Bureau of Investigation. Typically,
responses from federal agencies are received in a timely manner; however, it
may take several weeks to obtain a response. If any criminal arrest or
conviction information is found, the SID must obtain certified copies of all
pertinent documents (i.e. police reports, court dispositions, etc…) in order
to justify issuance or denial of a license.
Once the federal agencies complete their checks, the SID conducts local
background checks which includes a check of Municipal, Magistrate and
District Court records. Government agencies in New Mexico have thirty (30)
days from the date of any request to provide any requested documentation.
Again if any criminal arrest or conviction information is found, the SID
must obtain certified copies of all pertinent documents in order to justify
issuance or denial of a license.
Once the SID has completed investigation of an application, the
department has 30 days to issue a concealed firearms license.
Question:
How long is my license valid?
Answer:
Concealed handgun licenses are valid for a period of four years from the
date of issuance, unless the license is suspended or revoked. There is a
requalification requirement at two years.
Question:
Does New Mexico honor any other State’s Concealed Carry Permits?
Answer:Yes.
New Mexico recognizes other states' licenses.
Question:
Can I drink alcohol while carrying?
Answer:
No. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed
handgun while impaired by the use of alcohol, controlled substances, or
over-the-counter or prescribed medications.
Unlawful carrying of a deadly weapon consists of carrying a concealed
loaded firearm, and is a petty misdemeanor; however, it is a felony crime to
carry a firearm, loaded or unloaded, into any area of any licensed liquor
establishment in the State of New Mexico (See Sections 30-7-2 and 30-7-3,
NMSA 1978). There is not an exception in the law for those who have obtained
concealed firearms licenses. If though you may have a valid concealed
firearm license, you shall not carry any firearm, loaded or unloaded, into
any licensed liquor establishment.
A licensed liquor establishment is any business licensed to sell, serve
and/or permit the consumption of alcoholic beverages on the premises; or any
establishment which has been issued a license by the New Mexico Regulation
and Licensing Department’s Alcohol and Gaming Division to sell, serve or
dispense alcoholic beverages for consumption on, or off, the licensed
premises.
There are a wide variety of “licensed liquor establishments” in New
Mexico, including: saloons, bars, taverns, pubs, nightclubs, restaurants,
pizza parlors, golf courses, country clubs, private and fraternal clubs,
racetracks, sportplexes, coliseums, pavilions, concert theaters, hotel
lounges, gas stations, convenience stores, grocery stores, supermarkets,
mixed product stores (i.e. Wal-Mart, Costco, Walgreen’s, Sam’s Club, Furr’s,
Smith’s, Raley’s, etc…) It is a felony to carry any firearm, loaded or
unloaded, into any area of these businesses (See Sections 60-3A-3.M, &
30-7-3, NMSA 1978).
Question:
Can an owner of private property prohibit me from carrying my concealed
handgun on his premise?
Answer:
Yes. Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person
lawfully in possession of private property may prohibit the carrying of
concealed handguns on such private property by posting notice in accordance
with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering
upon the property.
Question: How long does it take to issue a license?
Answer: On
average, it takes approximately six to eight weeks to complete a background
investigation before we can process the final license applications. The
first part of the process involves submission of your fingerprints to the
Criminal Justice Information Services Division of the United States
Department of Justice. The second process involves submission of the
applicant’s name, date of birth and social security number to the National
Instant Criminal Background Check System at the Federal Bureau of
Investigation. Typically, responses from federal agencies are received in a
timely manner; however, it may take several weeks to obtain a response. If
any criminal arrest or conviction information is found, the SID must obtain
certified copies of all pertinent documents (i.e. police reports, court
dispositions, etc…) in order to justify issuance or denial of a license.
Once the federal agencies complete their checks, we conduct a local
background check which includes a check of Municipal, Magistrate and
District Court records. Government agencies in New Mexico have thirty (30)
days from the date of request to provide any requested documentation. Again
if any criminal arrest or conviction information is found, the SID must
obtain certified copies of all pertinent documents in order to justify
issuance or denial of a license.
Once we have completed investigation of an application (6-8 weeks) the
department has 30 days to issue a concealed firearms license.
Question:
How do I check on the status of my license?
Answer:
An applicant may contact the Special Investigations Division by telephone or
e-mail to inquire on the status of their application. Agents may provide the
information to the applicant after the applicant has supplied sufficient
identifiers such as address, social security number, DOB, etc. However, if
at any time there is a problem with your application, a letter will be sent
to your provided mailing address detailing the situation.
Question:
I will be traveling through New Mexico in a private automobile, are there
any laws that address the issue of having a gun in my automobile?
Answer:
New Mexico law allows a person to have a concealed loaded firearm in his/her
vehicle (including motorcycles and bicycles). If you are not licensed to
carry concealed in this State, you may not have the weapon concealed on your
person when you exit your vehicle or motorcycle.
Question:
If I have my gun holstered in “plain view” on my belt will I be breaking the
law?
Answer:
New Mexico is an Open Carry State, meaning it is legal to carry a loaded
weapon as long as it is not concealed. However, it is not legal to carry any
firearm in any federal building, school, state building, or licensed liquor
establishment. It is the responsibility of the person carrying the firearm
to be informed as to when/where carrying is prohibited.
Question:
I am licensed to carry a concealed handgun. As far as
licensed liquor establishments are concerned, where can I legally carry my
firearm?
Answer:
As of July 1, 2007,
30-7-3 NMSA 1978 allows a person licensed to carry a concealed handgun
in New Mexico to legally carry into a licensed liquor establishment that
DOES NOT sell alcohol for consumption on the premise. Please read and ensure
that you thoroughly understand above-referenced statue. It can be accessed
through the main concealed carry page.