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 of 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.
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:
- When committed in the necessary defense of his or her life, family, a third party or property;
- When committed in the lawful defense of himself or herself or of another when there is reasonable ground to believe a design exists to commit a felony or to do some great personal injury and there is imminent danger; or
- When necessarily committed in attempting - by lawful ways and means - to apprehend a person for a felony, in lawfully suppressing any riot or in necessarily and lawfully keeping and preserving the peace.
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]
