The law of weapons in New Mexico governs the sale, possession, and use of firearms and ammunition in the state of New Mexico in the United States.
New Mexico is one of the states with some of the least stringent firearms laws in the country. The state law governing the possession and use of firearms is included in the New Mexico Statute Chapter 30, Article 7, "Weapons and Explosives".
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New Mexico has state regulations on firearms, so local authorities should not limit ownership or use of firearms. However, local jurisdictions may restrict or prohibit the disposal of firearms within their limits. In 1986, Article 2, Section 6 of the state constitution was amended to say, "There is no law that will overhaul the right of citizens to safeguard and shoulder weapons for security and defense, for legitimate hunting and recreational use and for other legitimate purposes, but nothing here will be held to permit the carrying of a hidden weapon.No city or county governs, in any way, an incident the right to store and carry weapons. "
State weapons laws do not precede tribal laws on the reservation of Native Americans, covering most countries. The only exception to this is when a person travels through a reservation on a state-owned highway (including US and Interstate highways), where case state gun policy and protection under the Federal Firearm Owners' Protection Act (FOPA) apply. While some tribes have established arms control policies that are in accordance with New Mexico state laws and respect the hidden licenses of New Mexico administration, other tribes do not recognize the existence of a concealed carry permit regardless of where it is issued, and have legislation much tighter weapons control. Tribes with laws that are not in accordance with the laws of New Mexico state have a policy of open and hidden carry varies from No-Issue to Shall-Issue, depending on tribal states. Some Native American reservations that allow opening or hiding carry (but not respecting the New Mexico Hidden Handgun License) typically have their own licensing system set up, where apps for concealed concealed licenses are processed and decided by tribal councils or tribal policemen respectively. Permission on such reservations may be available to the general public or limited to tribal members, depending on ethnic policy.
Open and Hidden bring
New Mexico is a state of Shall-Issue to carry a concealed pistol, and allows carrying unloaded open weapons. The License of the New Mexico Hidden Pistol (CHL) is required by residents in the state to carry by means of hidden pistols loaded on foot. Under state law, firearms are considered "loaded" when a magazine with live ammunition is put into weapons and/or live rounds in the firing room. (referral?) In addition, state law (NMSA 29-19-2) defines a hidden pistol as "a loaded gun that is not visible to the ordinary observations of a reasonable person." This definition creates a legal ambiguity for partially exposed weapons, since firearms may be visible to one person and thus no violation of the law takes place as an open carry. However, the weapon that is partially exposed may not be readily apparent to the second person, potentially placing the person carrying the forbidden goods that violates the law of the country's confidential carrier if the carrying individual does not have a legitimate license to carry the concealed item. A CHL is not required to carry open, carry unloaded firearms unnoticed on foot, or carry firearms loaded or unloaded while inside the vehicle (including motorbikes, bicycles, off-road vehicles, motor homes, or horseback riding ). Applicant for a concealed concealment license must be a resident of New Mexico and at least 21 years of age. Each permission specifies the category and caliber of the gun that can be carried, but also applies to smaller caliber. Applicants must complete a state-approved training course that includes at least 15 hours of classroom and time of firing range, and must pass a shooting test for the category and caliber of the gun. Permission is valid for four years, but the license holder must pass the shooting proficiency test every two years. The applicant may appeal the denial of the Hidden Weapons license by requesting a hearing before the Department of Public Security within 35 days of receipt of the Order of Denial for the CHL. Unfavorable decisions about appeals by DPS may be filed further through a New Mexico court. New Mexico currently recognizes hidden storage licenses from or has mutual agreements with the following countries: Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina , North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming. New Mexico does not issue CCW permits to non-residents, except for active-duty Active military personnel assigned to military installations in the state. Part-time residents with a New Mexico ID or valid driver's license may apply for New Mexico CHL. New Mexico does not recognize state-owned non-state-owned permits to be hidden; in other words, New Mexico residents must hold a New Mexico CHL to legally carry an unidentified and hidden gun while walking within the state.
New Mexico is the state of Permissive Open Carry . An open carry of unlicensed firearms is legal throughout the state, except for the forbidden places listed in the sections below. Provisions in the New Mexico Constitution prevent districts or municipalities from enacting regulations prohibiting or prohibiting open carry.
History
New Mexico's licensing permit law was enacted in 2003. Prior to 2003, New Mexico was a "Unconstrained/Unlimited hybrid country, where hidden hide-outs were strictly prohibited in the cities, cities and towns joined (though open carry) without permission is always allowed across the state). In unrelated rural areas, hidden hiding without a license is legal. In 2001, state lawmakers passed a diversion law that would allow towns and districts to opt out of respecting undisclosed clearances and retaining direct prohibitions by carrying concealed items. At that time, officials in the largest cities, especially Albuquerque and Santa Fe, strongly opposed the legalization of state secrets. After the May-Issue law was enacted but before it could be enacted, Albuquerque City filed a lawsuit (Read v. New Mexican Public Security Department) to block the application of the hidden carry law. In the end the hidden scroll law May-Issue was beaten by the New Mexico Supreme Court before it was enacted. The current Shall-Issue law, which precedes local restrictions on firearms, was passed in 2003, with the issuance of the Hidden Rifle License which began at the end of that year, having survived its own legal challenge by the concealed opponent.
Limited Places
In addition, New Mexico law prohibits carrying firearms with or without permission in the following locations or circumstances:
- K-12 schools (though firearms can be stored in vehicles when picking up or dropping passengers at K-12 school)
- State and federal courthouses, unless specifically authorized by the presiding judge
- State colleges and university campuses, although firearms can be stored in locked vehicles while on campus
- Military installations, except as permitted by the Installer Commander
- Since July 1, 2010, 30-7-3 NMSA, someone licensed to carry a hidden pistol in New Mexico is allowed to legitimately bring to a licensed liquor company that does NOT sell alcohol for consumption on premise. Furthermore the person who has permission to carry a hidden pistol in New Mexico is allowed to be taken to a licensed restaurant to sell only beer and wine which earns no less than sixty percent of its annual gross revenue from the sale of food for consumption at the venue, unless the restaurant has a posted sign , at a prominent location at every public entrance, prohibits carrying firearms, or the person is verbally instructed by the owner or manager that carrying firearms is not allowed in the restaurant.
- Take public transit (e.g., city bus and Rail Runner Express)
- Private property in which the owner or tenant declares that no firearms are allowed in place
- Airport safe area
- Native American Reservations, unless authorized by the respective Tribal Council
- When under the influence of alcohol or drugs, including certain prescriptions or over-the-counter drugs
Even with concealed concealed licenses, it is illegal to carry firearms into a federal building, school, or restaurant serving alcohol. Carrying a hidden weapon into a store that sells alcohol for off-site consumption is legal, but open carry is not allowed in these locations. States also have "opt-out" laws, which allow homeowners and business owners to legally ban firearms on their property and/or in their premises with a properly displayed sign stating the ban. Despite breaking this "weapon-free" area is Felony Gelar 4 which can be punished up to 18 months in prison and/or a $ 5,000 fine, is more common for those who accidentally bring to the area to be reprimanded by law enforcement officers and likely to have a hidden carry license they are suspended or revoked.
New Mexico has a "long domain" law, which means that a person's vehicle (including motorcycles, bicycles, all-terrain vehicles, RVs, and on horseback) is considered an extension of their home. It is therefore legal to carry unfilled, open or hidden weapons, anywhere in the vehicle. By foot, no permission is required to carry a firearm unless it is loaded and hidden.
Carrets hidden from unloaded firearms are legally unlicensed in New Mexico, but the same restrictions that apply to openly firearms apply. Persons under the age of 19 can not do this unless traveling to a particular sport, recreation or training event as prescribed in law or on property controlled by parents, grandparents or guardians and under their supervision.
Castle Doctrine
New Mexico's 1907 precedent and self-defense law allows one to use lethal force to stop attacks within his own home (to include legally hosted apartments, condominiums, RVs and hotel rooms), but state courts have decided that the use of lethal force can not be justified to defend property only. The use of lethal force to protect one's life or from third parties outside the home remains a legal gray area in New Mexico, and such situations are handled by the authorities on a case-by-case basis.
A 1946 decree by the Supreme Court of New Mexico (State v. Sofa) states that defense of shelter alone, without special law, gives homeowners the right to meet forces with power "for a man's house is his, Castle. " As a result of this decision, the judge gives special instructions to the jury in the case of self-defense, stating, "A person who is threatened with an attack does not have to retreat." In the exercise of his right of self-defense he can defend the land and defend himself. "As applied to the situation in-house defenses, Couch's decision establishes the notion that an aggressor who illegally enters an occupied residence intends to harm the body of a legitimate homeowner or occupant, thereby justifying the use of lethal force in such situations.
The authorities are currently investigating to determine on a case-by-case basis if the use of lethal force in self-defense is justified, especially for situations that occur outside the home. The factors that the authorities consider in determining whether the use of lethal force is justified include: 1) whether the aggressor acts without provocation by the defense; 2) the aggressor who reasonably presents the risk of physical injury to a human rights defender (or an attacked third party); 3) is there a way out for human rights defenders to avoid or avoid attackers; and 4) whether the amount of force used to stop the attack is reasonable. It should be noted that those who legally use lethal force to defend themselves may still face prosecution and should refer to Couch 1946's decision as an affirmative defense of any criminal charges arising from the incident. In addition, one uses lethal force in self-defense which is legally immune from either the law or the court precedent of potential lawsuits by the aggressor and/or his living relatives.
References
Source of the article : Wikipedia
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