I live in New Mexico and the law says that it is LEGAL to conceal carry WITHOUT a permit if you are the owner, tenant, leasee, or liscensee of the property you are on. A friend said that this means that if you are an employee of a business that allows firearm carry, you can legally carry a concealed firearm, without a permit, on the business property. Is that how you guys interpret this law?
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Conceal carry laws
- Thread starter AL45
- Start date
Aguila Blanca
Staff
Absolutely not. The law explicitly enumerates four specific classes of people who can carry on a business premises without a permit. They are:AL45 said:I live in New Mexico and the law says that it is LEGAL to conceal carry WITHOUT a permit if you are the owner, tenant, leasee, or liscensee of the property you are on. A friend said that this means that if you are an employee of a business that allows firearm carry, you can legally carry a concealed firearm, without a permit, on the business property. Is that how you guys interpret this law?
- The owner
- The tenant
- The leasee [how is this different from "tenant"?]
- The licensee
Last edited:
The leasee [how is this different from "tenant"?]
Could be a sub-lease
Frank Ettin
Administrator
I agree. The best source for legal advice or the interpretation of law is a lawyer. When trying to understand what a law means a lawyer looks at (1) exactly what the law says; (2) if there are any other statutes dealing with the subject; and (3) if/how courts have applied the law.rickyrick said:I would not ask a police officer to interpret a law.
They are not lawyers
Just because I was curious ...
http://law.justia.com/codes/new-mexico/2014/chapter-30/article-7/section-30-7-2/
"2014 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 7 Weapons and Explosives"
http://law.justia.com/codes/new-mexico/2014/chapter-30/article-7/section-30-7-2/
"2014 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 7 Weapons and Explosives"
Universal Citation: NM Stat § 30-7-2 (2014)
30-7-2. Unlawful carrying of a deadly weapon.
A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;
(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978];
(4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
(5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.
History: 1953 Comp., 40A-7-2, enacted by Laws 1963, ch. 303, 7-2; 1975, ch. 134, 1; 1985, ch. 174, 1; 2001, ch. 219, 13.
kilimanjaro
New member
Talk to your prosecutor, that's the lawyer you want, it's his decision to file charges or not. Written opinions are best.
Frank Ettin
Administrator
Talk to your prosecutor, that's the lawyer you want, it's his decision to file charges or not. Written opinions are best.
No, the prosecutor is not the lawyer you want. He is not your lawyer. And he's not going to give you a written opinion.
You need your own lawyer who you have engaged and who owes you a professional duty of care.
jmhyer, my boss called me today and said she is paying for employees to get their conceal carry. So I guess problem solved. In New Mexico you can carry an unloaded firearm concealed, but New Mexico doesn't define what unloaded is. I assume, ammo in one pocket and gun in another. You can open carry at your little hearts desire.
NJgunowner
New member
I was going to say, not for nothing why not just get a concealed carry license and call it a day?
The owner
The tenant
The leasee [how is this different from "tenant"?]
Think girlfriend not on the lease contract.
Aguila Blanca
Staff
I think in such a situation the girlfriend would be an "occupant," not a "tenant."Nathan said:Think girlfriend not on the lease contract.The owner
The tenant
The leasee [how is this different from "tenant"?]
Definitions of "tenant":
Tenant
An individual who occupies or possesses land or premises by way of a grant of an estate of some type, such as in fee, for life, for years, or at will. A person who has the right to temporary use and possession of particular real property, which has been conveyed to that person by a landlord.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
tenant
n. a person who occupies real property owned by another based upon an agreement between the person and the landlord/owner, almost always for rental payments.
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
TENANT
TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.
(A) A person or entity that rents real property from the property owner (landlord) and which may or may not include a structure such as a home. A tenant may also be called “lessee.”
Dragline45
New member
I would not ask a police officer to interpret a law.
They are not lawyers
Agreed, police officers at least in my state are some of the most misinformed people on our gun laws.
rwilson452
New member
Ask the police? never. In PA we went to great lengths to get them educated We pushed and got added things to their annual training. There are still some officers and departments that had to be sued to, "Get their mind right". PA is a "shall issue state". Unfortunately, Some sheriffs. Don't like it and make up their own rules. In the case of Philly. Any conviction of anything is used it DQ you for a license under the the character clause. Have a gun stolen form your house or car? No license, your not a responsible person. I could go on but I will stop here.
Aguila Blanca
Staff
A very long time ago, before I had my carry license, I was at a party with my then-girlfriend and the subject of shooting came up. Her nephew was a police officer, and the party was at said officer's father's house. He was "family," so I'm sure he wasn't trying to jack me up. I asked him if it was legal for me to transport a pistol from home to a shooting range. He said "Sure."
In fact, in my state that's a felony offense if you don't have a carry license.
So much for "Ask a cop."
In fact, in my state that's a felony offense if you don't have a carry license.
So much for "Ask a cop."
In fact, in my state that's a felony offense if you don't have a carry license.
So much for "Ask a cop."
So if what you say is true, then you can not shoot pistols at any shooting range unless you have a permit.
Jim
Aguila Blanca
Staff
No, it was legal for me to shoot if someone else transported the handgun to the range, or if I rented one from the range. It was (and is) transport without a carry license that was/is illegal. In my state, the exceptions are that you can transport to home when you buy it, you can transport to and from a gunsmith for repairs, and you can transport to an FFL for sale.Fisher said:So much for "Ask a cop."In fact, in my state that's a felony offense if you don't have a carry license.
So if what you say is true, then you can not shoot pistols at any shooting range unless you have a permit.
you can transport to and from a gunsmith for repairs, and you can transport to an FFL for sale.
This one is hard to prove to any law enforcement officer.
It's not that I don't believe your interpretation of your gun laws Aquila. I'm just not sure why any state would allow gun ownership and then be so restrictive on how they can transport them. Not all gun owners want to have a concealed carry. Exactly what state are we talking about and can you point us to the documentation that you are getting this from.
Jim