Gun laws in New Mexico regulate the sale, possession, and use of firearms and ammunition in the state of New Mexico in the United States."State Gun Laws: New Mexico", National Rifle Association – Institute for Legislative Action (NRA-ILA). Retrieved February 12, 2013."New Mexico State Law Summary", Law Center to Prevent Gun Violence. Retrieved February 12, 2013.

New Mexico is among states with some of the least restrictive firearms laws in the country. Being part of the Intermountain West, New Mexico is home to a strong gun culture, which is reflected in New Mexico's constitution and gun laws. State laws governing the possession and use of firearms include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".

Summary table

Subject / law Longguns Handguns Relevant Statutes Notes State permit required to purchase? No No New Mexico does not require any permit to purchase a long gun or handgun. Firearm registration? No No Assault weapon law? No No Magazine Capacity Restriction? No No There is no magazine capacity restriction. Owner license required? No No Waiting Period for Firearms Transfers? 7-Days* 7-Days* NMSA 30-7-7.3 *New Mexico law imposes a 7-day waiting period for most firearms transfers, which has been ruled unconstitutional by the 10th Circuit US Court of Appeals. While the circuit court's would render the waiting period unenforceable, authorities in New Mexico have chosen to ignore the 10th Circuit's ruling and continue to enforce the 7-day waiting period on firearms transfers.Tenth Circuit Lets NRA’s Victory Stand in New Mexico Waiting Period Case, NRA Institute for Legislative Action, December 23, 20257-Day Waiting Period, New Mexico Department of Public Safety, Accessed May 11, 2026 License required for concealed carry? N/A Yes NMSA 29–19–4 Shall-issue to full-time and part-time residents (who hold a valid New Mexico ID/Driver's License), with passage of a criminal history check and mental health records check, and completion of 15-hour handgun safety course that includes live-fire instruction. Active military and law enforcement members and veterans honorably discharged within 20 years of permit application are exempt from training requirement. Permit required to carry concealed loaded firearm on foot. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle. Unlawfully carrying a concealed firearm is a petty misdemeanor that is punishable by up to 6 months in a county jail and/or a fine of up to $500. Except for active-duty military members and dependents permanently stationed in the state, New Mexico does not issue CHLs to non-residents. License required for open carry? No No It is legal to open carry a loaded rifle and/or handgun in New Mexico without a permit. Vehicle carry permitted? Yes Yes A loaded firearm may be carried/transported either openly or concealed in a vehicle without a permit. Out-of-state permits recognized? N/A Partial NMSA 29-19-12 New Mexico recognizes permits from states with reciprocity agreements (currently 24 states).Reciprocity Agreements, New Mexico Department of Safety. Retrieved February 14, 2019 . New Mexico law limits reciprocity agreements to states with licensing standards that are substantially similar or more restrictive than New Mexico's. Duty to Inform? No No NMSA 29-19-9 Although not mandated by state law, it is customary in New Mexico to inform law enforcement officials when transporting firearms. Those who are carrying a loaded pistol or revolver concealed while on foot must carry their CHL with them and present it upon demand by law enforcement. Concealed Carry on College Campuses? No No NMSA 29-19-8 NMSA 30-7-2.4 Firearms and ammunition may be stored in a locked vehicle while parked on campus, and may be carried while driving in a vehicle on campus, but may not be carried on foot while on campus property or stored in an on-campus facility. Exceptions exist for university-sponsored shooting events and ROTC programs.2011 New Mexico Statutes Chapter 30: Criminal Offenses Article 7: Weapons and Explosives, 30-7-1 through 30-7-22 Section 30-7-2.4: Unlawful carrying of a firearm on university premises; notice; penalty. Retrieved August 24, 2016. NFA weapons restricted? No No State pre-emption of local ordinances? Yes Yes NMSA 29-19-10 As stated in Article 2, Section 6 of the New Mexico Constitution. Tribal laws on Native American reservations not pre-empted. Some tribes recognize New Mexico firearms laws, while others do not and have far more restrictive firearms policies. Additionally, some local jurisdictions have enacted ordinances restricting or banning the discharge of firearms within their boundaries, with exceptions for shooting ranges and designated hunting areas during hunting season. Castle Doctrine law? Yes Yes NMSA 30-2-7 New Mexico's self-defense statute (NMSA 30-2-7) is vaguely worded and does not specifically address Castle Doctrine or Stand Your Ground situations.2011 New Mexico Statutes Chapter 30: Criminal Offenses Article 2: Homicide, 30-2-1 through 30-2-9 Section 30-2-7: Justifiable homicide by citizen. Retrieved July 6, 2016. However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably feels "threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself."New Mexico Has Stand Your Ground for Certain Juries, Albuquerque Journal, July 29, 2013. Currently, the courts have limited the scope of Castle Doctrine/Stand Your Ground to self-defense situations occurring inside the defender's home, and neither law nor court precedents provide the defender immunity from lawsuits by the aggressor arising from the use of lethal force in self-defense. Additionally, judicial precedents in New Mexico have established that the use of lethal force is not justifiable in defense of one's property alone. Duty to Retreat? NoNoNM UJI 14-5190 A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself. Opt-Out statute? Yes Yes NMSA 29–19–12; NMSA 30–14–6; NMAC 10.8.2.27 Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. Violating these "gun-free" establishments is a full misdemeanor punishable by less than one year in the county jail and/or a fine of up to $1,000 (Criminal Trespass - NMSA 30-14-1). Peaceable journey laws? No No One may travel through or within New Mexico with a loaded weapon in a vehicle. Federal law pre-empts Native American reservation laws. FOPA is observed. Red Flag Law? Yes Yes NMSA 40-17 Ch. 40, art. 17 NMSA 1978, retrieved on 01/26/2021. NMSA 40-17 allows law enforcement officials to petition a judge to order the temporary seizure of firearms from an individual where there is probable cause that the individual will cause harm to themselves or others. Under the law, the subject has the option to surrender his or her firearms within 48 hours of the order, to law enforcement or to a licensed firearms dealer for safekeeping until the order expires or is rescinded. The judge will then schedule a hearing within 10 days to determine based on the preponderance of evidence if the weapons should be returned to the owner, or to issue an Extreme Risk Firearm Protection Order (ERFPO) for up to 1 year. New Mexico's Red Flag law also allows for an individual subject to an ERFPO to sell or transfer seized/surrendered firearms to a licensed firearms dealer or other non-prohibited buyer, after the buyer has passed a NICS background check. Authorities in some rural jurisdictions have refused to enforce New Mexico's Red Flag Law.Governor signs red flag firearms bill, Albuquerque Journal, February 25, 2020 Gov. Lujan Grisham says law enforcement has to enforce new red-flag law, KOB-TV Feb 25, 2020 Background checks required for private sales? Yes Yes NMSA 30-7-7.1 Effective July 1, 2019. Senate Bill 8, which establishes a requirement for NICS background checks for private-party transfers was signed into law on March 8, 2019. Exceptions will exist for active/retired LEO transfers and transfers between immediate family members.

Some local counties have adopted Second Amendment sanctuary resolutions in opposition to universal background check laws.

Constitutional provisions and state preemption

New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. However, local jurisdictions may restrict or ban the discharge of firearms within their boundaries. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

State gun laws do not pre-empt tribal laws on Native American reservations, which cover a significant portion of the state. The only exception to this is when one is traveling through the reservation on a state-owned highway (includes US and Interstate highways) or county road, in which case state firearms policies and protections under the federal Firearm Owners' Protection Act (FOPA) do apply. While some tribes have established gun control policies that match New Mexico state law and honor New Mexico concealed carry permits, other tribes do not recognize any concealed carry permit regardless of where it was issued, and have far more restrictive gun control laws. Tribes with laws that do not match New Mexico state law have policies on open and concealed carry that vary from No-Issue to Shall-Issue, depending on the tribal nation. Some Native American reservations that do allow open or concealed carry (but do not honor the New Mexico Concealed Handgun License) typically have established their own permitting systems, where applications for concealed carry permits are processed and adjudicated by the respective tribal council or tribal police. Permits on such reservations may be available to the general public or limited to tribal members, depending on the tribal nation policies. A few tribes completely ban firearms carry of any kind, except by law enforcement.

Open and Concealed carry