New Mexico Gun Ban: Waiting Period, Carry Rules & Penalties

New Mexico gun laws let adults openly carry a firearm without a permit but require a state-issued license to carry concealed, impose a seven-calendar-day waiting period and a background check on nearly every sale, and prohibit firearms in a long list of locations including schools, bars, courthouses, and polling places. Several categories of people — felons, people under domestic violence protection orders, and those with certain misdemeanor convictions — cannot possess a firearm at all. The right to bear arms is protected by Article II, Section 6 of the state constitution, but statute, licensing, and recent executive orders layer significant restrictions on top of it.

Who Is Barred From Possessing a Firearm

Under NMSA § 30-7-16, three groups cannot receive, transport, or possess a firearm anywhere in New Mexico:¹

Anyone convicted of a felony in any jurisdiction, unless at least ten years have passed since completing the sentence or probation, or the conviction was pardoned or came out of a deferred sentence.
Anyone subject to an order of protection under the Family Violence Protection Act.
Anyone convicted of battery against a household member, criminal damage to a household member’s property, a first offense of stalking, or a crime listed in 18 U.S.C. § 921.

A felon caught with a firearm faces a third-degree felony. A “serious violent felon” faces a third-degree felony with a mandatory basic sentence of six years. Violation of a domestic violence protection order or a qualifying misdemeanor conviction makes possession a misdemeanor.¹

Buying a Firearm: Waiting Period and Background Check

NMSA § 30-7-7.3 requires a seven-calendar-day waiting period on every firearm sale before the buyer can take possession. The clock includes the time needed for the federal background check, and the firearm stays with the seller the entire time.²

If the seven days pass and the background check has not come back, the seller still cannot transfer the firearm. The check must be completed first. If the check remains unresolved for 20 days, the seller may go ahead and transfer. Violating the waiting period is a misdemeanor, and both parties to the sale can be charged separately.²

Several buyers skip the waiting period entirely:

Holders of a valid New Mexico concealed handgun license
Holders of a valid federal firearms license
Law enforcement agencies and certified law enforcement officers
Immediate family members (spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt, or uncle)

The same exemption categories apply to the universal background check requirement under NMSA § 30-7-7.1. Any private sale that doesn’t fall into one of those categories must go through a licensed dealer, who can charge up to $35 to run the check. Antique firearms as defined by federal law are excluded from both the waiting period and the background check requirement.³

Open Carry, Concealed Carry, and the Vehicle Rule

New Mexico is an open carry state. Any adult who is not prohibited from possession and is not in a restricted location can carry a loaded firearm openly, with no permit.⁴

Concealed carry on your person requires a concealed handgun license from the New Mexico Department of Public Safety. There is one practical workaround: state law allows anyone not otherwise prohibited to keep a concealed, loaded firearm inside a vehicle, including motorcycles and bicycles, without a license. Once you step out, you need either the license or to carry openly.⁴

Getting a Concealed Handgun License

To qualify under the Concealed Handgun Carry Act (NMSA Chapter 29, Article 19), you must:

Be a U.S. citizen and New Mexico resident, or active-duty military stationed in the state
Be at least 21
Have no felony convictions in any jurisdiction
Have no recent misdemeanor convictions involving violence, DWI within the past five years, or controlled substances within the past ten years
Not be addicted to alcohol or controlled substances
Complete a 15-hour firearms training course approved by the Department of Public Safety, including live shooting on a range

The Department has 30 days after receiving a completed application to issue or deny the license, though background investigations can take 90 days or longer.⁴

The license carries a second benefit worth knowing about: it exempts you from the seven-day waiting period on gun purchases, so you can leave a shop with a firearm the same day you buy it.

Age Rules for Handguns

Under NMSA § 30-7-2.2, anyone under 19 is generally prohibited from possessing or transporting a handgun. The restriction is handgun-specific — the state imposes no minimum age to possess a rifle or shotgun, though anyone under 18 must complete a state-approved hunter training course before hunting with a firearm.⁵

Someone under 19 may still possess a handgun while:

Attending a hunter’s safety or handgun safety course
Target shooting at an authorized range
Competing in an organized handgun shooting competition
Hunting or trapping legally
On property controlled by a parent, grandparent, or guardian and under their supervision
Traveling with an unloaded handgun to or from any of these activities

Violating the restriction is a misdemeanor. Federal law separately bars licensed dealers from selling handguns to anyone under 21 and long guns to anyone under 18. Those federal limits apply on top of state law.

Where Firearms Are Prohibited

New Mexico bans firearms from a long list of locations. Some restrictions apply even to concealed handgun license holders. Penalties range from petty misdemeanors to fourth-degree felonies.

Schools

Under NMSA § 30-7-2.1, carrying a deadly weapon on school premises is a fourth-degree felony. “School premises” covers buildings, grounds, playgrounds, parking areas, and buses for any public elementary, middle, junior high, or high school. A person over 19 may keep a firearm in a private vehicle on school property for lawful protection.⁶

Universities

NMSA § 30-7-2.4 makes carrying a firearm on university premises a petty misdemeanor. The definition reaches community colleges, branch community colleges, technical-vocational institutes, and area vocational schools. The same private-vehicle exception for people over 19 applies.⁷

Liquor Establishments

NMSA § 30-7-3 makes it a fourth-degree felony to carry a loaded or unloaded firearm on any premises licensed for on-site alcohol consumption.⁸

Polling Places

A 2024 law (SB 5) prohibits firearms within 100 feet of a polling place entrance during early voting and on election day, with a 50-foot buffer around ballot drop boxes starting 28 days before an election. Concealed handgun license holders are exempt and may carry at polling places, as are people conducting lawful non-election business at the location.⁹

Other Restricted Locations

Courthouses — federal, state, county, municipal, or tribal — without the presiding judge’s consent (NMSA § 29-19-11)⁴
Preschools (NMSA § 29-19-8)
Public buses, where carrying a firearm is a misdemeanor under NMSA § 30-7-13
Tribal land, unless authorized by the governing body of the tribe or pueblo (NMSA § 29-19-10)
Federal buildings, where possession is punishable by up to one year in prison under 18 U.S.C. § 930, or up to two years if the facility is a federal courthouse¹⁰
Any private property where the owner has prohibited firearms by posting a sign or telling you directly

Albuquerque and Bernalillo County Parks and Playgrounds

Governor Michelle Lujan Grisham declared gun violence a public health emergency in September 2023 under the Public Health Emergency Response Act. The initial order attempted a broad ban on firearm possession in public spaces across Bernalillo County and the City of Albuquerque. A federal court blocked that provision, and the governor issued an amended order narrowing the restriction to parks and playgrounds in those jurisdictions. The New Mexico Supreme Court in 2025 rejected most legal challenges to the orders.¹¹ If you are in Bernalillo County or Albuquerque, carrying in a park or playground carries legal risk on top of the statewide rules.

Extreme Risk Firearm Protection Orders

Under the Extreme Risk Firearm Protection Order Act (NMSA §§ 40-17-1 through 40-17-13), a court can temporarily remove firearms from someone who poses a significant danger to themselves or others. Only a law enforcement officer can file the petition. Private individuals who are concerned about someone can report to law enforcement and ask an officer to file.¹²

A temporary order can be issued immediately on probable cause of imminent danger, before the respondent is heard. After a full hearing, a court may issue a one-year order on a preponderance of the evidence. The respondent must relinquish firearms immediately or as the court directs once an order is granted.¹²

Penalties

Fourth-degree felonies carry a basic sentence of 18 months in prison and a fine of up to $5,000.¹³ This is the grade used for carrying on school premises and in liquor establishments. Felon in possession is a third-degree felony, which is more serious, and a “serious violent felon” caught with a firearm faces a mandatory six-year basic sentence.¹

A misdemeanor carries up to one year in jail and a fine of up to $1,000; a petty misdemeanor up to six months and a $500 fine.¹⁴ Misdemeanor charges attach to waiting-period violations, unlawful handgun possession by someone under 19, carrying on a public bus, and possessing a firearm while subject to a domestic violence protection order. Carrying on university premises is a petty misdemeanor.

Prior criminal history pushes sentences up, and federal charges can stack on top of state charges for the same conduct.

1
Justia. New Mexico Code 30-7-16 – Firearms or Destructive Devices; Possession; Receipt; Transport
2
Justia. New Mexico Code 30-7-7.3 – Unlawful Sale of a Firearm Before Required Waiting Period Ends
3
Justia. New Mexico Code 30-7-7.1 – Unlawful Sale of a Firearm Without a Background Check
4
NM Department of Public Safety. Concealed Carry Licenses
5
Justia. New Mexico Code 30-7-2.2 – Unlawful Possession of a Handgun by a Person; Exceptions; Penalty
6
Justia. New Mexico Code 30-7-2.1 – Unlawful Carrying of a Deadly Weapon on School Premises
7
Justia. New Mexico Code 30-7-2.4 – Unlawful Carrying of a Firearm on University Premises; Notice; Penalty
8
Justia. New Mexico Code 30-7-3 – Unlawful Carrying of a Firearm in Licensed Liquor Establishments
9
New Mexico Legislature. SB 5 – Unlawful Possession of a Firearm at a Polling Place
10
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
11
New Mexico Courts. New Mexico Supreme Court Rejects Most Legal Challenges to Public Health Emergency Orders Issued by the Governor
12
NM Department of Justice. Extreme Risk Firearm Protection Order Act
13
Justia. New Mexico Code 31-18-15 – Sentencing Authority; Noncapital Felonies; Basic Sentences and Fines; Parole Authority; Meritorious Deductions
14
Justia. New Mexico Code 31-19-1 – Sentencing Authority; Misdemeanors; Imprisonment and Fines; Probation