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Know the Laws: New Mexico

UPDATED May 5, 2016

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Below is information about state gun laws in New Mexico.  A restraining order or criminal conviction may make it illegal for an abuser to have a gun.  However, in addition to these state-specific laws, there are also federal gun laws that could apply.  To fully understand all of the legal protections available, it is important that you also read the Federal Gun Laws pages.

Please consider getting in touch with a domestic violence advocate in your community for more information on gun laws in your area. Please click on the NM Where to Find Help page to find domestic violence organizations and lawyers in your area. 

More Information and Where to Get Help

back to topI do not have a protection order against the abuser, and s/he has not been convicted of a crime. Can s/he have a gun?

There can be other reasons (aside from criminal convictions and being the respondent on a protection order) that can make it illegal for someone to possess a gun.  The abuser may be prohibited from getting a concealed handgun license in New Mexico if any of the following apply:

  • s/he is not a citizen of the United States;
  • s/he is not a resident of New Mexico (unless s/he is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member);
  • s/he is under age twenty-one;
  • s/he is a fugitive from justice;
  • s/he is currently under indictment for a felony in New Mexico or any other state (but has not yet been convicted);
  • is prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;
  • has been adjudicated mentally incompetent or committed to a mental institution;
  • is addicted to alcohol or controlled substances; or
  • s/he received a conditional discharge, a diversion or a deferment of a misdemeanor offense involving a crime of violence within ten years immediately preceding the application.*

If the abuser meets any of these criteria, s/he may not qualify for a concealed handgun license.  Either way, you can still make a plan for your safety.  See our Safety Planning page for more information.  You can also contact your local domestic violence organization for additional help.  You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety.  See our NM State and Local Programs page to find a local domestic violence organization near you.

For additional information on gun laws in New Mexico, you can go to the Law Center to Prevent Gun Violence website.

* N.M.S.A. § 29-19-4(A)

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back to topI have read through all of this information but I am still confused. What can I do?

Trying to understand both federal and state law can be confusing.  There are people who can help you better understand the law and your rights under the law.

  • You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.
  • You can contact us by writing to our Email Hotline.
  • You can contact a local domestic violence organization in your area.

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