Criminal Defense Attorney Protecting Open Carry Rights in New Mexico
New Mexico has adopted some of the laws that other states have regarding
concealed carry and the use of a personal firearm. However, New Mexico is not as liberal with open carry laws as other states in the U.S. Therefore, if you own a personal firearm, it is imperative that you know the laws. Otherwise, you could be arrested and charged with a crime.
New Mexico Recognizes the Right to Bear Arms
Article II, Section 6 of the United States Constitution does allow a citizen to bear arms in the country, but that does not mean that everyone can carry a gun in a holster and walk into public places. In New Mexico, you are required under New Mexico Statute Section 29-19-4 to have a concealed weapon license if you want the gun on or near your person.
Not All New Mexico Residents Can Carry a Gun
In New Mexico, certain individuals are prohibited from carrying a firearm, including:
- Anyone under the age of 21;
- Non-citizens of the United States;
- Non-residents of New Mexico;
- Anyone convicted of or indicted for a felony in the state;
- A defendant previously adjudicated due to a mental illness defense;
- Anyone addicted to alcohol or drugs; and
- Anyone currently prohibited from carrying a firearm by federal law.
Carrying Your Gun in Certain Areas Might Result in Criminal Charges, Too
Even if you are not one of the individuals barred from carrying a weapon, if you open carry your gun in certain areas, you could be arrested. Some restricted areas include:
- Any school or school grounds;
- Courthouse;
- A licensed liquor establishment;
- A public bus;
- Correctional institution or associated lands; or
- A state park (unless at an authorized state hunting park).
What Penalties Could I Face for Open Carrying?
The penalty and charge you face will depend on the circumstance. For example, carrying a weapon without a license will result in a harsher penalty than a person with a permit open carrying in an unauthorized area. Also, if you brandish the gun or carry it on school grounds of any kind, you could face enhanced penalties.
Carrying a deadly weapon in an illegal zone or without a license is often a petty misdemeanor, but do not let the name fool you. You could still face up to six months in jail, a fine of up to $500, a six-month probation sentence, community service, and counseling.
Arrested for Illegal Carry? Contact a Criminal Defense Attorney
In addition to jail time, you may have your license revoked by the state. Therefore, it is imperative that you contact a defense attorney if you have been arrested for concealing a deadly weapon or taking your weapon on unauthorized grounds.
The attorneys at
New Mexico Criminal Law Offices can help you with your charges.
Schedule a free case evaluation with a criminal defense advocate by calling 505-375-4664 or requesting your consult appointment online.
