Gun Laws in New Mexico Explained: Ownership, Carry, and Charges
Understanding Firearm Regulations and Your Rights
New Mexico has recently enacted several new laws aimed at reducing gun violence while balancing constitutional rights. If you own a firearm, or are facing a gun-related criminal charge, it is important to understand both your rights and your responsibilities under New Mexico law.
Key Recent Changes in New Mexico Gun Laws
The 7-Day Waiting Period
Effective May 15, 2024, House Bill 129 created a mandatory seven-day waiting period for all firearm purchases and transfers (§ 30-7-7.3).
Firearms cannot be transferred until the waiting period ends and the background check is complete.
If the background check takes more than seven days, sellers must wait until it finishes (up to 20 days).
Violating this law is a misdemeanor, and each firearm sold before the waiting period ends is treated as a separate offense.
Exemptions apply to concealed handgun license holders, federal firearms licensees, law enforcement, and immediate family transfers.
Background Checks
All gun sales in New Mexico require background checks, closing the so-called “gun show loophole.”
Extreme Risk Protection Orders
New Mexico has a Red Flag Law, allowing law enforcement and family members to petition a court to temporarily remove firearms from someone in crisis.
Domestic Violence Protections
People subject to certain restraining orders or convicted of domestic violence misdemeanors may not own or possess firearms. Courts may also require relinquishment of guns in these cases.
Child Access Prevention
Firearm owners must store guns safely to prevent access by children.
Who Can and Cannot Own a Firearm in New Mexico
Prohibited persons:
Convicted felons (for at least 10 years after completing their sentence)
People convicted of certain domestic violence misdemeanors
Those under restraining orders for domestic violence
Individuals involuntarily committed for mental health reasons
Convicted stalkers or hate-crime offenders
Age requirements:
Handgun buyers must be at least 21 years old
Rifle and shotgun buyers must be at least 18 years old
People under 19 years old cannot knowingly own or transport a handgun
Where Can You Carry a Gun in New Mexico?
Concealed Carry: Requires a permit. Permit holders may carry in more locations than non-permit holders.
Prohibited Places: Schools, courthouses, U.S. Post Offices, and many federal properties. Some locations, like bars, also restrict firearms.
Open Carry: New Mexico permits open carry of firearms, but regulations apply in certain places and situations.
When Is Using a Firearm Legal?
Using a firearm against another person is generally considered the use of deadly force, which is illegal unless justified. Self-defense or defense of others may be legal if the force was necessary to prevent serious injury or death. Each case is fact-specific, and improper use of a firearm can result in serious criminal charges.
Criminal Charges Involving Firearms
The severity of a firearms charge depends on how and where the weapon was used:
Carrying a gun into a school or liquor store may be a misdemeanor.
Brandishing or discharging a weapon in those places can escalate to felony charges.
Firearm enhancements can increase sentencing for violent crimes.
Why Understanding Gun Laws Matters
New Mexico has one of the highest gun violence and suicide rates in the country, despite stronger laws in recent years. Knowing the rules helps keep you safe, prevents legal problems, and protects your rights.
If you are facing a gun-related charge, or need guidance on your rights as a firearm owner, an experienced New Mexico criminal defense attorney can help.
Contact Arima Law Today
At Arima Law, we defend clients facing firearm-related criminal charges and provide guidance on compliance with New Mexico’s evolving gun laws. If you or a loved one is dealing with a gun-related case, contact us today for a confidential consultation.