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My New Mexico Open Carry Experience

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
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I wish people would stop giving their interpretation of laws and post the links to the actual laws for people to read for themselves. Much of what I have seen here is pure bunk.
It certainly is not bunk; there are many knowledgeable people here willing to help those with the proper attitude. You don't need to be hand-held-- go find the statutes and read them for yourself. They're easy enough to find.
 

mwaterous

Regular Member
Joined
Jun 1, 2012
Messages
197
Location
New Mexico
I wish people would stop giving their interpretation of laws and post the links to the actual laws for people to read for themselves. Much of what I have seen here is pure bunk.
I'm curious what it is you'd like us to cite? I haven't seen any bunk in this thread, but to be fair I don't have my bunk goggles on. They're just not suitable given the current weather.
 

NMoc'er

New member
Joined
Feb 10, 2013
Messages
1
Location
Las Cruces, New Mexico, United States
Ocing In Walmart

So its illegal to open carry in walmart and albertsons? Ive carried on multiple occasions in walmart and ive never had a problem from management nor the law enforcement. Can someone Clarify this to me? I was told it was ok as long as you stay away from the liquor and alcohol section?
 

AH.74

Regular Member
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Oct 6, 2008
Messages
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So its illegal to open carry in walmart and albertsons? Ive carried on multiple occasions in walmart and ive never had a problem from management nor the law enforcement. Can someone Clarify this to me? I was told it was ok as long as you stay away from the liquor and alcohol section?
No. You cannot enter any place which sells any alcohol, without a CCW license and staying concealed. If you have done otherwise, you have been in violation of the law. Do not listen to people as they often do not know for sure, as is the case with what they told you.

If, however, the stores do not carry any alcohol, you can enter unless they are posted as not allowing firearms.

Read the law carefully for yourself. It is your responsibility to know the law, and know which establishments are off-limits for open carry. It is not worth making a mistake and possibly paying a high price.

http://www.nmlegis.gov/Sessions/10 Regular/final/SB0040.pdf
 

cmontanojr

Regular Member
Joined
Nov 28, 2010
Messages
13
Location
Albuquerque, NM
AH.74 is correct. Open carry in an establishment that sells alcohol for off site consumption (package liquor) is illegal and a 4th degree felony. It does not matter if you stay away from that "section" or not. Walgreens and CVS have it in their own "section" of the store, but because its all the same building, it's illegal to open carry. Concealed carry with a permit is allowed and legal. The only place that sells alcohol that you can legally open carry is a hotel. If your carrying and rent a room for the night/day, you are allowed to do so. However, it's only to pass from entrance to room. You still cannot enter the bar area while carrying. Only to pass thru.
 

Nate Forrest

New member
Joined
Feb 24, 2013
Messages
7
Location
Albuquerque
Hb 137

It would be nice if NM law were changed such that carry in a place where alcohol is sold but not consumed were NOT illegal.

I like being in VA now, this isn't an issue and it isn't even an issue to carry in a restaurant where people are drinking.
Our House Bill 137 sponsored by Representative Zachary J. Cook (R) (Lincoln and Otero-56) addresses just this and would make it legal to do so. It is moving along nicely through committee hearings with support from some of our Dems as well.

Nate Forrest
 
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sf49erdj

Newbie
Joined
Apr 27, 2015
Messages
1
Location
los lunas
AH.74 is correct. Open carry in an establishment that sells alcohol for off site consumption (package liquor) is illegal and a 4th degree felony. It does not matter if you stay away from that "section" or not. Walgreens and CVS have it in their own "section" of the store, but because its all the same building, it's illegal to open carry. Concealed carry with a permit is allowed and legal. The only place that sells alcohol that you can legally open carry is a hotel. If your carrying and rent a room for the night/day, you are allowed to do so. However, it's only to pass from entrance to room. You still cannot enter the bar area while carrying. Only to pass thru.
ok so here is that law
A. Unlawful carrying of a firearm in an
establishment licensed to dispense alcoholic beverages
consists of carrying a loaded or unloaded firearm on any
premises licensed by the regulation and licensing department
for the dispensing of alcoholic beverages except.

Now my question is the word "dispense" which means :to give out in portions. To me that sounds like where alcohol is served and you drink right there. not a package liqueur. Whats your take??
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
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ok so here is that law
A. Unlawful carrying of a firearm in an
establishment licensed to dispense alcoholic beverages
consists of carrying a loaded or unloaded firearm on any
premises licensed by the regulation and licensing department
for the dispensing of alcoholic beverages except.

Now my question is the word "dispense" which means :to give out in portions. To me that sounds like where alcohol is served and you drink right there. not a package liqueur. Whats your take??
First hit on google:

dis·pense

1.
distribute or provide (a service or information) to a number of people.

Don't get hung up on one word. Read the law in such a way to understand the whole intent of what is meant.

The bottom line as has been hashed out many times- open carry and alcohol establishments means DON'T DO IT. Period, end of story.
 
Last edited:

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
Open Carry Forum

I assume you are speaking of open carry because licensed concealed carry in places like package liquor stores is no longer illegal (unless the store posts a no gun sign).
Silly me for not answering a long time ago on the Open Carry forum. I was speaking of Open Carry.
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
152
Location
briar patch, NM
guess nobody else is OC'g since nobody is sharing any of their OC'g experiences, but to keep the dialogue going...

toddled through RR's wally world doing some shopping this afternoon after visiting DPS' CHC office to conduct some business and nobody cared.
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
915
Location
Yuma, Arizona, USA
Open Carry in Lordsburg

On my way to the NRA annual meeting, I passed through Lordburg, New Mexico on I-10. It is a convenient place to fuel the truck and myself, so I pulled into a truck stop to grab a sandwich.

Open carry is protected by the New Mexico Constitution. I was carrying a Glock 17 (9mm for those who have not kept up with Glock nomenclature). The young woman behind the counter had a streak of purple hair, multiple piercings, a sizable tattoo on her right forearm, and was friendly, courteous, helpful, efficient and pleasant to speak with. I could not ask for better service.

http://gunwatch.blogspot.com/2015/05/open-carry-in-lordsburg-nm.html
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,618
Location
here nc
excuse me a moment mr. martienz, owner and sr instructor...advertising plug...

uh nobody told you to NOT stand down range when your students have firearms on their possession holstered or not?

down_range.jpg

ipse
 

mintorb

Newbie
Joined
Nov 12, 2015
Messages
2
Location
Albuquerque NM
open carry

Pretty sure that's a given, but it doesn't hurt to clarify when it comes to the law. I really dislike having to disarm to go into Wal-mart. I'd rather disarm on Wyoming and Central then a Wal-mart parking lot on Friday night. (Yes I know you can carry in the lot, but once you reach the door that becomes a moot point)
I have been OCing as I don't have my concealed yet. I do often go to the walmart on coors right off 1-40. Never had problems, also they don't sell Alc. However , of you are looking to show off your new side arm. That's a place to go. Peope often take double takes.
 

mintorb

Newbie
Joined
Nov 12, 2015
Messages
2
Location
Albuquerque NM
open carry

(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its
annual gross receipts from the sale of food for consumption on the premises, unless the
restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting
the carrying of firearms, or the person is verbally instructed by the owner or manager that
the carrying of a firearm is not permitted in the restaurant

To me this means places like Sadies restaurant. Taco Cabana ect. Am I reading this wrong
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,618
Location
here nc
(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its
annual gross receipts from the sale of food for consumption on the premises, unless the
restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting
the carrying of firearms, or the person is verbally instructed by the owner or manager that
the carrying of a firearm is not permitted in the restaurant

To me this means places like Sadies restaurant. Taco Cabana ect. Am I reading this wrong
do you wish to provide a cite where you got this information??

ipse
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its
annual gross receipts from the sale of food for consumption on the premises, unless the
restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting
the carrying of firearms, or the person is verbally instructed by the owner or manager that
the carrying of a firearm is not permitted in the restaurant

To me this means places like Sadies restaurant. Taco Cabana ect. Am I reading this wrong
http://www.nmlegis.gov/Sessions/10 Regular/final/SB0040.pdf

Yes, you are "reading this wrong".

Sir- this has to do with CONCEALED CARRY in beer and wine establishments, not open carry.

There is NO LEGAL OPEN CARRY whatsoever, in any way, when it comes to alcohol establishments- OF ANY KIND.
 

solus

Regular Member
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Aug 22, 2013
Messages
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Location
here nc
AH, so wanted to see the cite that was forthcoming...

hopefully your commentary will sink in to the poster.

ipse
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
152
Location
briar patch, NM
OC'd at lowes on Paseo Del Norte Blvd got into a lively conversation with Anthony about firearms...quite enjoyable...

wabbit
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
152
Location
briar patch, NM
Well got asked to leave RR Walmart yesterday for OC'g. Gregory, along with 3 other employees, shortly followed by the securitas guard, told me it was posted by the door.

Asked Gregory if he felt three employees were need plus the guard and he told me they were working and just happen to be there. I nicely asked for the DM and was told she was not in the store, er sorry on a conference call, uh, not available. i shrugged. I pointed out NM was a OC state, Walmart policy was to follow state law and it was his turn to shrug...so I walked to the door with Gregory and securitas guard in tow...asked co-manager if he felt unsafe...NO! then i asked why was the guard following us? Guard was dismissed.

By the exit door, I found their signage and the NM statute they are referencing is 30-7-3 (ready for this?) Unlawful carrying of a firearm in licensed liquor establishments and their sign references being charged with a 4th degree felony!

Which is what the statute states, but: B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

There is a caveat in small black letters on the top of their sign which discusses CC'g exception as outlined in the referenced statute. So I pulled my shirt out and CC'd walking back into the store to finish my shopping.

Was immediately tailed by securitas guard at a discrete distance (or so he believed) finished shopping left and found a nice RR LE's vehicle parked in the fire lane. as I was pulling down to the light, saw the security guard come out the outdoor exit and watch me pull onto southern.

I called corp and filed a complaint and am waiting for DM to get with me today.

will post signage if anybody interested

wabbit
 
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qednick

Regular Member
Joined
May 1, 2007
Messages
513
Location
Bandera, TX
Well got asked to leave RR Walmart yesterday for OC'g. Gregory, along with 3 other employees, shortly followed by the securitas guard, told me it was posted by the door.

Asked Gregory if he felt three employees were need plus the guard and he told me they were working and just happen to be there. I nicely asked for the DM and was told she was not in the store, er sorry on a conference call, uh, not available. i shrugged. I pointed out NM was a OC state, Walmart policy was to follow state law and it was his turn to shrug...so I walked to the door with Gregory and securitas guard in tow...asked co-manager if he felt unsafe...NO! then i asked why was the guard following us? Guard was dismissed.

By the exit door, I found their signage and the NM statute they are referencing is 30-7-3 (ready for this?) Unlawful carrying of a firearm in licensed liquor establishments and their sign references being charged with a 4th degree felony!

Which is what the statute states, but: B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

There is a caveat in small black letters on the top of their sign which discusses CC'g exception as outlined in the referenced statute. So I pulled my shirt out and CC'd walking back into the store to finish my shopping.

Was immediately tailed by securitas guard at a discrete distance (or so he believed) finished shopping left and found a nice RR LE's vehicle parked in the fire lane. as I was pulling down to the light, saw the security guard come out the outdoor exit and watch me pull onto southern.

I called corp and filed a complaint and am waiting for DM to get with me today.

will post signage if anybody interested

wabbit
Do they actually sell booze in that particular WalMart??
 
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