New Mexico is a shall-issue state with concealed weapons licenses issued at the state level by the Department of Public Safety.
There is no permit or firearms registration required when buying a handgun from a private individual. However, per SB-8, as of July 1, 2019, background checks are required for private sales of firearms. Under this new law, it is a misdemeanor crime to sell a gun without a background check administered by a licensed federal firearms dealer, although there are some exceptions to the law. A background check is not required for sales between law enforcement officers or immediate family members.
Open carry is legal in New Mexico without a license for anyone at least 19 years of age who can legally possess a firearm. Some areas are off-limits, including tribal land and places that sell hard liquor.
A New Mexico Concealed Handgun License (CHL) is required for residents and a permit from a state that New Mexico honors is required for non-residents to carry a concealed loaded firearm on foot. State law limits concealed carry license holders to carrying one concealed firearm at any given time. In addition, CHLs identify the category and caliber of concealed handgun that may be carried. The minimum age is 21 years old and a 15-hour handgun safety course that includes live-fire instruction is required. New Mexico doesn’t issue non-resident licenses with the exception of members of the military permanently stationed in New Mexico and their dependents. No license is required for open or concealed carry of an unloaded firearm or of a loaded firearm in a vehicle. In terms of reciprocity, New Mexico recognizes permits from states with reciprocity agreements.
Where can I carry with my New Mexico permit?
Yes
Yes, Constitutional Carry
Yes, Other Restrictions
No
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Important Firearm Laws
driver's license linked to carry license?
Yes. Your New Mexico driver’s license is linked to your New Mexico concealed handgun license. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license.
"no weapons allowed" signs enforced?
Yes. A licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.
non-resident permitting?
Yes, but only for members of the military stationed in NM and their dependents.
brandishing?
No definition of brandishing was found in New Mexico law. However, it is illegal to endanger the safety of another by handling or using a firearm or other deadly weapon in a negligent manner.
[N.M. Stat. Ann. § 30-7-4(A)(3)]
Any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery with a deadly weapon.
preemption?
Yes, the state has preemption of firearms laws in New Mexico.
red flag law?
New Mexico has a red flag law that took effect on May 20, 2020. It allows law enforcement officers to file a petition ordering the respondent to surrender all firearms which the respondent then controls, owns or possesses and further enjoins the respondent from purchasing, receiving or attempting to purchase, possess or receive any firearm while the order is in effect.
public access to concealed carry registry?
No, however, the information is available for law enforcement.
duty to inform officer you're carrying?
No. There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in New Mexico.
carry while using alcohol or drugs?
Not while consuming alcohol or while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.
[N.M. Stat. Ann. §§ 30-7-4][N.M. Admin. Code 10.8.2.16B ]
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Carry Basics
minimum age for concealed carry?
The minimum age to concealed carry in New Mexico is 21.
open carry permitted?
Yes, without a license. Any person who is at least 19 years old and legally entitled to possess a firearm can open carry.
weapons other than handguns allowed?
No. However, state law limits concealed carry license holders to carrying one concealed gun at any given time. However, any number of firearms can be openly carried.
gun permit licensure?
New Mexico is a shall-issue state.
ammunition restrictions?
No. New Mexico does not have ammunition restrictions.
magazine limits for handguns?
No. New Mexico does not have magazine capacity restrictions.
constitutional carry?
No. New Mexico does not allow constitutional carry.
byrna's?
Yes. These are legal for purchase and possession. Byrna guns are not classified as firearms under New Mexico law.
non-lethal weapons?
STUN GUNS and Tasers are legal to purchase and possess without a license.
PEPPER SPRAY - Legal for self-defense purposes. New Mexico imposes no restrictions on size or concentration.
TEAR GAS - Legal for self-defense but subject to general misuse laws.
BEAR SPRAY - Legal for self-defense against wildlife. There are no specific state restrictions, but misuse against humans could lead to legal consequences.
BLUDGEONS AND BATONS - Expandable batons are legal to own and carry in New Mexico. Batons are not classified as "dangerous weapons," so they can be carried openly or concealed without a permit.
Items such as billy clubs, slapjacks, and nightsticks are also legal unless used with criminal intent.
BRASS KNUCKLES - Legal under New Mexico law. There are not explicit bans on possession, sale, or use.
Handgun Purchase & Possession
handgun registration?
No. Handguns do not need to be registered in New Mexico.
background checks for private gun sales? exceptions?
Yes. As of July 1, 2019, private sales have to be administered by a licensed federal firearms dealer who will run a background check. This requirement is subject to certain narrow exceptions, including sales between immediate family members. An immediate family member is defined as a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle.
minimum age to possess and transport?
The minimum age to possess and transport a handgun in New Mexico is 19 years old.
purchase permits?
No. A permit is not required to purchase a handgun in New Mexico.
new mexico license exempts from background check?
No.
possess a handgun on my private property without a license?
Yes. A concealed carry license is not required for anyone legally entitled to carry a firearm to carry a handgun in the person's residence or on real property belonging to him or her as owner, lessee, tenant or licensee.
waiting period?
Yes, there is a 7-day "cooling off" period as of May 15, 2024. There is an exception for permit holders.
***On August 19, 2025, a panel of the U.S. Court of Appeals for the Tenth Circuit ruled that New Mexico’s 7‑day waiting period law is likely unconstitutional. Enforcement of the waiting period is blocked for now. The law has been put on hold while the case goes back down to the lower court.
Top Gun Laws & Concealed Carry Permit Information For New Mexico Residents
Concealed Carry Basics Faq
carry while bow hunting?
Yes. It is legal for anyone to possess a handgun for self-defense during any bow, muzzleloader or rifle hunt in NM. Open carry is allowed for anyone at least 21 years old that is not prohibited from possessing a firearm. A concealed carry license is required for carrying concealed.
The handgun cannot be used in the harvest of any animal, even as a “coup de grace” unless a handgun is a legal weapon type for that hunt.
what are the knife laws in new mexico?
You may carry any legal knife openly on your own property or in your vehicle. It is illegal to own a switchblade, balisong or butterfly knife. It is illegal to concealed carry — outside of one’s residence or real property — deadly weapons such as dirks, poniards, daggers, bowie knives, switchblades, butterfly knives, butcher knives or any other knife which can cause dangerous wounds. Deadly weapons are not permitted on school grounds or public buses.
[NMSA §§ 30-1-12, 30-7-2, 30-7-2.1, 30-7-8 & 30-7-13]
wear a covid mask & carry?
There is no known statute in New Mexico making it illegal to wear a COVID mask while carrying concealed. Two state laws refer to individuals concealing their identity with the intention to commit illegal acts or with intent to intimidate, however they do not address wearing a mask while legally carrying a concealed firearm.
hunter harassment law?
Yes. New Mexico Law prohibits interference with another who is lawfully hunting, trapping or fishing in an area where those activities are permitted. Interference means:
carry while gun hunting?
Yes with a New Mexico Concealed Handgun License or a permit from a state that New Mexico honors. The handgun cannot be used in the harvest of any animal, even as a “coup de grace” unless a handgun is a legal weapon type for that hunt.
Non-Resident Concealed Carry Licenses:
New Mexico grants non-resident licenses only for members of the military permanently stationed in New Mexico and their dependents. Out-of-state permits can be transferred over to New Mexico licenses.
Residency Changes:
Moving to New Mexico and interested in applying for a resident license? How soon can you apply?New Mexico issues licenses to residents and members of the military permanently stationed in New Mexico and their dependents only. You can apply for your license once you establish your residence. In addition, out-of-state permits can be transferred over to New Mexico licenses.
Moving from New Mexico and have a New Mexico resident license? Does that license transfer to your new state? Is there a grace period during which your New Mexico license remains valid?If a person with a New Mexico concealed handgun license establishes residency in another state, the license expires upon the establishment of residence in the other state.
Lost/Stolen Licenses:
If a concealed handgun license is lost, stolen or destroyed, the license is invalid and the licensee may obtain a duplicate license by furnishing the department a notarized statement that the original license was lost, stolen or destroyed and paying a reasonable fee. If the license is lost or stolen, the licensee shall file a police report with a local law enforcement agency and include the police case number in the notarized statement. Complete the Concealed Handgun License/Replacement Card Application and submit it within 10 Days to:
NM Department of Public Safety SID/Concealed Carry Unit6301 Indian School Rd. NE Suite 310Albuquerque, NM 87110
Application:
Link to application (As of Jan. 9, 2023, the application can now be completed online.)
Processing Time:
30 days
Requirements:
An applicant must:
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of New Mexico.
Valid For:
4 years, but license holders must complete a 2-hour refresher firearms training course 2 years after the issuance of an original or renewed license. Licenses for members of the military, LEOs and RLEOs are valid for 5 years.
Name/Address Changes:
You are required to notify the Department of this change within 30 days. Complete the Concealed Handgun License/Replacement Card Application and submit it to:
NM Department of Public Safety SID/Concealed Carry Unit6301 Indian School Rd. NE Suite 310Albuquerque, NM 87110
Fees:
Initial License $100 ($56 application fee $44 Fingerprint fee)
Renewals $75
No charge for members of the military ($12 fingerprint fee)
Step 1:
Complete a firearm training course if required.
Step 2:
Submit fingerprints.
Fees: $9.00 for the first two cards and $2.50 for each additional card
Step 3:
Download the application. (As of Jan. 9, 2023, the application can now be completed online.)
Step 4:
Complete the application and gather the following documents:
Step 5:
Send your application and supporting documents to:
NM Department of Public SafetySID/Concealed Carry Unit6301 Indian School Road NE, Suite 310Albuquerque, NM 87110
Step 6:
You will be notified if your application has been approved.
carry at roadside rest areas?
Yes, with a New Mexico Concealed Handgun License or a permit from a state that New Mexico honors.
store in a vehicle in an employee parking lot?
carry in vehicle?
Yes, (including motorcycles and bicycles) without a license for anyone 19 or older who is not otherwise prohibited from possessing a firearm. However, if you don’t have a license, you may not have the weapon concealed on your person when you exit your vehicle.
carry in bars/restaurants that serve alcohol?
You may conceal carry exclusively in restaurants licensed to sell only beer and wine that derive no less than 60% of their annual gross receipts from the sale of food for consumption on the premises, with a New Mexico CHL or a permit from a state that New Mexico honors, unless posted (or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant). Carry is not permitted in bars or restaurants that serve hard liquor.
carry in state/national parks, state/national forests and wildlife management areas (wmas)?
Yes, with a New Mexico Concealed Handgun License or a permit from a state that New Mexico honors, for state/national parks and forests. See the National Parks webpage for links to each Park in New Mexico.
No for WMAs.
carry/possess at a hotel?
Home and business owners may legally forbid firearms on their property and/or in their buildings with appropriately displayed signage stating such prohibition. The individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information.
tribal land
Mescalero Apache Tribe - Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
A. In the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; or
B. In a private automobile or other private means of conveyance, for lawful protection of the person or
property, or while traveling.
Nambe Pueblo - Very strictly a NO
Navajo Nation - yes, with a valid New Mexico permit (note: Navajo land crosses boarders).
Pueblo of San Ildefonso - With a permit "signed by the governor." Unsure of what this means, it is recommended that you call tribal authorities before carrying a firearm.
Pueblo of Isleta - With a valid New Mexico permit.
Pueblo of Laguna Tribe - NO
Pueblo of Pojoaque - With a valid New Mexico permit.
Self-Defense
Although there is no specific statute establishing the Castle Doctrine, a 1946 state supreme court ruling in State v. Couch stated, “A person who is threatened with an attack need not retreat. In the exercise of his [or her] right of self-defense, he [or she] may stand [one’s] ground and defend himself [or herself].”
According to New Mexico law, homicide is justifiable when committed in any of the following cases:
A defendant who kills another in self-defense while standing his or her ground must show that he or she (1) was placed in reasonable fear of immediate death or great bodily harm, (2) used a reasonable amount of force to avoid the threat and (3) did not instigate the encounter.
[N.M. Stat. Ann. § 30-2-7]
New Mexico Gun Law Updates
DateDetails
2025-04-08
Added non-lethal weapons to Carry Basics section.
2024-12-30
Added tribal land information under carry location section.
2024-05-15
Updated waiting period to purchase firearms
2024-03-05
Updated Where Can't I Carry Section to reflect new law on polling places
2021-11-02
Added the State Capitol building to the list of can’t carry locations
2021-05-18
Added info on driver's license link to permit in At A Glance table
2020-12-23
Added information and link for 2-hour refresher training in the Training section
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