Gun laws in New Mexico

State laws governing the possession and use of firearms include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".

This definition creates legal ambiguity for partially-exposed weapons, as the firearm may be visible to one person and thus no violation of law occurs since it would be viewed as open carry.

[21] New Mexico currently recognizes concealed carry permits from or has reciprocal agreements with the following states: Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kansas, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming.

Open carry of a loaded firearm without a license is legal statewide, except for restricted places listed in the section below.

At the time, officials in most larger cities, notably Albuquerque and Santa Fe, strongly opposed the legalization of statewide concealed carry.

Those who refuse to either leave or check their firearms upon notification of such prohibition may be charged with trespassing, a misdemeanor punishable by up to a year in county jail and/or $1,000 fine.

Persons under age 19 cannot carry in this manner unless traveling to certain sporting, recreational or training events as defined in law or on property controlled by parents, grandparents or guardians and under their supervision.

The use of lethal force to protect one's life or that of a third party outside of the home remains a legal gray area in New Mexico, and such situations are handled by authorities on a case-by-case basis.

[27] A 1946 ruling by the New Mexico Supreme Court (State v. Couch) held that defense of habitation alone, without specific statute, gave a homeowner the right to meet force with force “for a man’s house is his castle.” As a result of this ruling, judges provide a specific instruction to juries in self-defense cases, which states, “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.” As applied to self-defense situations inside the home, the Couch ruling establishes the presumption that an aggressor unlawfully entering an occupied dwelling intends to inflict bodily harm on a homeowner or lawful occupant, thereby justifying the use of lethal force in such situations.

conduct investigations to determine on a case-by-case basis if the use of lethal force in self-defense was justified, particularly for situations occurring outside of the home.

[citation needed] Those who lawfully use lethal force in self-defense may still face prosecution and have to reference the 1946 Couch decision as an affirmative defense to any criminal charges arising from the incident.

[citation needed] Additionally, one using lethal force in lawful self-defense does not have immunity either through statute or court precedents from potential lawsuits by the aggressor and/or his or her surviving relatives.