New Mexico's principal categorical firearm restrictions are codified in NMSA 1978 Chapter 30, Article 7 (Weapons and Explosives). The persons who may...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New Mexico's principal categorical firearm restrictions are codified in NMSA 1978 Chapter 30, Article 7 (Weapons and Explosives). The persons who may not receive, transport, or possess a firearm are listed in NMSA 1978 Section 30-7-16. The qualifications and disqualifiers for a concealed handgun license are in NMSA 1978 Section 29-19-4, part of the Concealed Handgun Carry Act (NMSA 1978 Chapter 29, Article 19). Federal prohibitions under 18 U.S.C. Section 922(g) apply independently of state law. This section summarizes who may not possess firearms, what weapons are restricted, and what firearm-related conduct is prohibited.
New Mexico requires a license to carry a concealed loaded handgun. It is not a permitless concealed-carry state. Open carry of a loaded firearm is generally lawful without a license for a person who may lawfully possess a firearm, because Section 30-7-2 only criminalizes carrying a concealed loaded firearm and expressly does not prevent the carrying of an unloaded firearm.
Section 30-7-16(A) makes it unlawful for the following persons to receive, transport, or possess a firearm or destructive device in New Mexico:
Under Section 30-7-16(E)(3), "felon" means a person convicted of a felony in any federal or state court where: less than ten years have passed since the person completed serving the sentence or period of probation, whichever is later; the person has not been pardoned for the conviction; and the person has not received a deferred sentence. A person whose felony is more than ten years past completion, who has been pardoned, or who received a deferred sentence is not a "felon" for purposes of this state statute, although federal law may still prohibit possession.
Note: the felon-in-possession penalty was increased from a fourth degree felony to a third degree felony by the 2020 amendment, effective July 1, 2020.
Eligibility for a New Mexico concealed handgun license is governed by Section 29-19-4, not by a separate list of disqualifiers. The statute has two operative parts.
Section 29-19-4(A) requires the department to issue a license to an applicant who:
Section 29-19-4(B) directs the department to deny a license to an applicant who has:
A deferred sentence does not erase the underlying conviction for purposes of the Concealed Handgun Carry Act, so a person who completed a deferred sentence may still be treated as "convicted" and denied a license (Benns v. N.M. Dep't of Pub. Safety, 2022-NMCA-050). A pardoned felony conviction is not, by itself, sufficient grounds to deny a license if the applicant is otherwise qualified (2014 Op. Att'y Gen. No. 14-02).
Federal law independently prohibits possession of any firearm or ammunition by a person who:
A separate provision, 18 U.S.C. Section 922(n), makes it unlawful for a person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive a firearm in interstate or foreign commerce. The indictment category is part of Section 922(n), not the Section 922(g) possession prohibition. The federal categories overlap substantially with the New Mexico license disqualifiers but include the broader alien-on-nonimmigrant-visa category and other federal-specific elements.
Section 30-7-8 prohibits manufacturing, possessing, displaying, offering, selling, lending, giving away, or purchasing any knife with a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle, or any knife with a blade that opens, falls, or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement. Courts have construed this to include butterfly knives (State v. Riddall, 1991-NMCA-033). A violation is a petty misdemeanor.
Section 30-7-7 covers the unlawful sale, possession, or transportation of explosives. Subsection A makes it unlawful to knowingly sell, possess, or cause to be transported any explosive without the package being plainly marked with its name, explosive character, and date of manufacture, subject to stated exemptions (such as small arms ammunition and limited quantities of commercial black powder). A violation of Subsection A is a petty misdemeanor. Subsection B makes it unlawful to knowingly transport or take any explosive into a common-carrier passenger vehicle, and a violation of Subsection B is a fourth degree felony. The statute defines "explosive" by reference to the New Mexico Explosives Act (Section 30-7-18 NMSA 1978).
National Firearms Act (NFA) items (machine guns, short-barreled rifles and shotguns, suppressors, destructive devices, and "any other weapons") are regulated under 26 U.S.C. Chapter 53 and 27 CFR Part 479. New Mexico does not impose additional state-law restrictions on lawful NFA possession by an individual who has completed the federal registration and tax-stamp process. Federal law separately bans transfer or possession of a machinegun not lawfully possessed before May 19, 1986 (18 U.S.C. Section 922(o)). Under the tax changes in Pub. L. 119-21, the making and transfer tax is $200 for a machinegun or a destructive device and $0 for all other NFA items, applicable to calendar quarters that begin more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026. See the NFA Items section of this guide.
Section 30-7-2 makes it unlawful to carry a concealed loaded firearm or any other type of deadly weapon anywhere, except: in the person's residence or on real property the person owns, leases, or occupies as a tenant or licensee; in a private automobile or other private conveyance for lawful protection of person or property; by a certified peace officer acting under agency policy; or by a person holding a valid New Mexico concealed handgun license. The statute expressly does not prevent the carrying of any unloaded firearm. A violation is a petty misdemeanor.
Section 30-7-3 prohibits carrying a loaded or unloaded firearm on premises licensed to dispense alcoholic beverages, with exceptions that include on-duty law enforcement officers, the licensee and its agents and security personnel, and, in limited circumstances, a valid concealed handgun license holder (for example, on premises that do not sell alcohol for on-premises consumption, or in certain food-focused beer-and-wine restaurants that have not posted a no-firearms sign). A violation is a fourth degree felony.
Section 30-7-2.1 prohibits carrying a deadly weapon on school premises, except by: a peace officer; school security personnel; a student, instructor, or other authorized person engaged in ROTC or state-authorized hunter safety training; a person conducting or participating in a school-approved program involving a deadly weapon; or a person older than nineteen years of age in a private vehicle on school premises for lawful protection of person or property. A violation is a fourth degree felony.
Section 30-7-2.4 prohibits carrying a firearm on university premises, subject to exceptions parallel to the school-premises statute (peace officers, university security, ROTC or hunter safety training, university-approved firearm activities, and a person older than nineteen in a private vehicle for lawful protection). A university must conspicuously post notices that carrying a firearm on university premises is unlawful. A violation is a petty misdemeanor.
Under Section 29-19-11, a concealed handgun license is not valid in a courthouse or court facility unless authorized by the presiding judicial officer for that courthouse or facility.
Under Section 29-19-10, a concealed handgun license is not valid on tribal land unless authorized by the governing body of the Indian nation, tribe, or pueblo.
Section 30-7-4 defines negligent use of a deadly weapon to include: discharging a firearm into a building or vehicle or so as to knowingly endanger a person or property; carrying a firearm while under the influence of an intoxicant or narcotic; endangering another's safety by handling or using a firearm or other deadly weapon negligently; or discharging a firearm within one hundred fifty yards of a dwelling or building without the owner's or lessee's permission (with a limited hunting-season exception). A violation is a petty misdemeanor. The carrying-while-intoxicated prohibition for firearms carriers, including license holders, is found here in Section 30-7-4(A)(2), not in the Concealed Handgun Carry Act itself.
These two statutes address public buses, not general concealed carry. Section 30-7-12 makes it unlawful to seize or exercise control of a bus by force or violence or threat of force (a third degree felony), and to intimidate, threaten, or assault a bus driver, attendant, guard, or passenger with intent to seize control of a bus (a fourth degree felony). Section 30-7-13 makes it unlawful to board or attempt to board a bus, without prior company approval, while in possession of a readily accessible firearm or other deadly weapon; a violation is a misdemeanor. Section 30-7-13 does not apply to law enforcement officers or commercial security personnel in the lawful discharge of their duties.
New Mexico does not have a standalone "carrying a weapon while committing a felony" offense. Instead, Section 31-18-16 increases the basic sentence for a noncapital felony when a separate finding shows that a firearm was used (one year), brandished (three years), or discharged (five years) in the commission of the offense, with larger increases for second or subsequent offenses involving a drug transaction, aggravated burglary, or a serious violent offense.
Section 30-7-7.1 requires a federal instant background check for most firearm sales. A seller who does not hold a current and valid federal firearms license must arrange for a federal firearms licensee to conduct the check, and that licensee may charge a fee not to exceed thirty-five dollars ($35.00). The requirement does not apply to a sale by or to a federal firearms licensee, a sale to a law enforcement agency, a sale between two certified law enforcement officers, or a sale between immediate family members. A "federal instant background check" is one that meets 18 U.S.C. Section 922(t) and does not indicate that the sale would violate 18 U.S.C. Section 922(g), 18 U.S.C. Section 922(n), or state law. A violation is a misdemeanor, and each firearm sold contrary to the section is a separate offense.
Effective May 15, 2024, Section 30-7-7.3 requires a seven-calendar-day waiting period for the sale and transfer of a firearm. The waiting period includes the time needed to conduct the federal instant background check. If the check is not completed within the seven days, the seller may not transfer the firearm until the check is completed; if the check is still not completed within twenty days, the seller may transfer the firearm. The firearm must remain in the custody of the seller or the federal firearms licensee performing the check during the entire waiting period. The waiting period does not apply to a sale to a buyer holding a valid federal firearms license, a buyer holding a valid New Mexico concealed handgun license, a law enforcement agency, a transfer between two certified law enforcement officers, or a transfer between immediate family members. A violation is a misdemeanor.
Section 30-7-7.2 makes it unlawful to knowingly purchase, transfer, or conspire to purchase or transfer a firearm for, on behalf of, or at the request of another person, knowing that the other person is a felon, or intends to use, carry, possess, sell, or otherwise transfer the firearm in furtherance of any felony or misdemeanor involving a firearm. A violation is a fourth degree felony, sentenced under the Criminal Sentencing Act (Chapter 31, Article 18 NMSA 1978). The statute uses the same ten-year definition of "felon" found in Section 30-7-16.
Qualified active law enforcement officers (18 U.S.C. Section 926B) and qualified retired law enforcement officers (18 U.S.C. Section 926C) may carry a concealed firearm under federal law, notwithstanding most state and local restrictions, when carrying the required identification. This is a federal authority, not a New Mexico exemption, and it does not override state laws permitting private property owners to restrict firearms or laws restricting firearms on certain government property.
Under 18 U.S.C. Section 1715, pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable through the U.S. mail, with narrow exceptions for specified officials and licensed manufacturers and dealers. This restriction applies to concealable handguns, not to ordinary long guns. A knowing violation is punishable by a fine or imprisonment of not more than two years.
Under 49 U.S.C. Section 46505, it is a federal crime to have a concealed dangerous weapon accessible to the individual in flight when boarding or attempting to board an aircraft, or to place a loaded firearm on an aircraft in baggage accessible to passengers in flight. The general penalty is a fine or imprisonment of not more than ten years, with higher penalties for reckless conduct that endangers human life.
A person whose firearm rights have been lost under New Mexico law may seek restoration through several pathways:
Restoration of state rights does not automatically restore federal rights. The federal felon-in-possession prohibition under 18 U.S.C. Section 922(g) continues to apply unless the disability is removed under federal standards, so a person whose state rights are restored should verify federal status before possessing a firearm.
This page covers one part of our New Mexico concealed carry guide.
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