New Mexico Concealed Carry Question
- Thread starter Trip20
- Start date
BerettaCougar
New member
Review of the relevant statutes indicates to me that we are in the land of split hairs, gray areas, and risky arguments. The following analysis may be more than you want to hear:
(1) NMSA 30-7-2 provides:
A. Unlawful carrying of a deadly weapon consists of carrying a CONCEALED loaded firearm OR ANY OTHER TYPE OF DEADLY WEAPON [emphasis added] anywhere, EXCEPT ... (5) by a person in possession of a valid concealed handgun license …
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
[Hmm - doesn't say whether concealed or open carry...]
-- Section B might tempt us to argue that “not having a bullet in the chamber” makes a firearm “unloaded,” and therefore OK to carry even concealed. But even if deemed "unloaded," that may well be insufficient, because NMSA 30-1-12(B) (definitions) provides that "deadly weapon" means any firearm, WHETHER LOADED OR UNLOADED -- and legal concealed carrying requires the requisite license.
I’d invite anyone to be the test case, but I think it’s a losing proposition. BarettaCougar put it more succinctly than I have in saying that whether or not a round is chambered is a "moot point."
(1) NMSA 30-7-2 provides:
A. Unlawful carrying of a deadly weapon consists of carrying a CONCEALED loaded firearm OR ANY OTHER TYPE OF DEADLY WEAPON [emphasis added] anywhere, EXCEPT ... (5) by a person in possession of a valid concealed handgun license …
B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
[Hmm - doesn't say whether concealed or open carry...]
-- Section B might tempt us to argue that “not having a bullet in the chamber” makes a firearm “unloaded,” and therefore OK to carry even concealed. But even if deemed "unloaded," that may well be insufficient, because NMSA 30-1-12(B) (definitions) provides that "deadly weapon" means any firearm, WHETHER LOADED OR UNLOADED -- and legal concealed carrying requires the requisite license.
I’d invite anyone to be the test case, but I think it’s a losing proposition. BarettaCougar put it more succinctly than I have in saying that whether or not a round is chambered is a "moot point."
(Hi Richard, Good to see another NM lawyer here. 
)
As a former prosecutor and a criminal defense practitioner of some long standing, I believe that an empty chamber alone is not going to guarantee that a court will consider your gun to be "unloaded." I don't believe any reported case has addressed the issue, however. If I were counseling a client, I would tell him that an unloaded chamber alone does not make a gun unloaded.
Also, do bear in mind that there are many places in NM into which one cannot legally carry a firearm, loaded or not, open or not.
Trip, you're wise to be cautious. I would suggest that one not take legal advice from imprecise amateurs on the internet.
)As a former prosecutor and a criminal defense practitioner of some long standing, I believe that an empty chamber alone is not going to guarantee that a court will consider your gun to be "unloaded." I don't believe any reported case has addressed the issue, however. If I were counseling a client, I would tell him that an unloaded chamber alone does not make a gun unloaded.
Also, do bear in mind that there are many places in NM into which one cannot legally carry a firearm, loaded or not, open or not.
Trip, you're wise to be cautious. I would suggest that one not take legal advice from imprecise amateurs on the internet.