Gun Laws in New Mexico
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
New Mexico's moderate score of 52 reflects a mixed regulatory environment with both gun-friendly provisions and restrictions that limit firearm accessibility and use.
New Mexico Gun Laws Summary
New Mexico presents a moderate approach to gun regulation, balancing Second Amendment rights with public safety measures. The state maintains several restrictions on firearms and requires permits for concealed carry, while still allowing lawful gun ownership and use.
New Mexico is a shall-issue state for concealed handgun licenses. The Department of Public Safety handles license issuance, and qualifying applicants who meet all requirements will receive their licenses. A concealed handgun license is required to carry a concealed firearm in the state, and the application process includes background checks, fingerprinting, and mandatory training requirements.
Unlike many gun-friendly states, New Mexico has not adopted constitutional carry and maintains its permit requirement for concealed carry. The state has implemented various firearms restrictions in recent years, including universal background checks for private sales and red flag laws, positioning it as a state with moderate gun control measures.
Permitting, Sales and Transfers
New Mexico requires background checks for all firearm sales, including private sales between individuals. This universal background check requirement applies to sales at gun shows and private transfers, with limited exceptions for family members and certain temporary transfers.
All firearm sales must go through a licensed dealer (FFL) who conducts the background check using the National Instant Criminal Background Check System (NICS). The state does not maintain a firearm registry, but records of background checks are kept by licensed dealers as required by federal law.
Firearms in Public and in the Home
New Mexico requires a concealed handgun license to carry a concealed firearm. Applicants must be at least 21 years old, complete a firearms training course, pass a background check, and pay the required fees. The state recognizes concealed carry permits from many other states through reciprocity agreements.
Open carry is generally legal without a permit for anyone 19 years or older who can legally possess a firearm, though some localities may have restrictions. Certain locations prohibit all carry, including schools, government buildings, and businesses that serve alcohol for on-premises consumption. Licensed carry holders have more flexibility in where they can legally carry their firearms.
Firearm, Feature and Accessory Bans
New Mexico does not have an assault weapons ban or magazine capacity restrictions at the state level. Most NFA items (suppressors, short-barreled rifles, short-barreled shotguns, etc.) are legal to own provided federal requirements are met. However, some local jurisdictions may have their own restrictions, as the state allows local regulation of firearms in some circumstances.
Local Laws
New Mexico allows some local regulation of firearms. While the state has partial preemption that prevents local governments from regulating certain aspects of firearm ownership and carry, municipalities and counties can still enact some firearms ordinances. This creates a patchwork of local laws that gun owners must navigate, making it important to understand both state and local regulations in your area.
2025 Gun Law Checklist
New Mexico Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
This piece covers the ammunition and firearms laws for the state of New Mexico. To do so, the piece starts off with the ammunition laws, focusing on the requirements and processes to have ammunition shipped to a residence in the state. From there, the piece covers the firearms laws, with an eye on both purchasing and carrying guns within the state. To wrap up, the piece finishes with some resources that we think would be useful for folks who want to legally buy, own, and carry firearms in New Mexico.
This piece is not intended as legal advice. Instead, we hope that you can use the information here as a basis for your own decision-making.
New Mexico, like many states, has preemption. This means that localities such as counties, cities, and towns are forbidden from making ammunition and firearms laws that are stricter than those at the state level. New Mexico’s preemption is a little more complicated than it first appears, however. Since substantial amounts of territory inside of the state’s borders is land owned by Native American tribes, New Mexico’s laws do not necessarily apply to that land. Instead, the tribes can make agreements with governments, such as New Mexico’s state government and the federal government. Because of these legal relationships, there may well be firearm and ammo laws on tribal land that differ from those inside of New Mexico proper.
New Mexico has generally permissive firearm and ammo laws, with a few exceptions. While the state does not have any major ammo or gun bans, some of the permitting processes in the state are more onerous than necessary, and the state does mandate background checks of firearm sales that are done between private parties in many cases. With that said, the state does err on the side of being gun-friendly overall.
Ammo Laws/Buying Ammo in New Mexico
First, we will cover the ammo laws of New Mexico.
New Mexico’s ammunition laws are permissive: the state does not have any specific bans on categories of ammunition, and the state does not require any kind of special permits to buy ammunition. Because of this, buying ammo in the state is regulated by the relevant federal laws enforced by the ATF.
The ATF has two sets of requirements that ammunition buyers must meet. The first is an age requirement: buyers have to be eighteen years of age or older to purchase long gun ammo (for shotguns and rifles) and at least twenty-one to buy handgun ammo. Secondly, the buyer cannot be a prohibited person. The ATF defines prohibited persons as those who have been convicted of felonies or domestic violence, people who have been found mentally defective in court, and people who have been involuntarily committed for inpatient mental health treatment.
Assuming that those requirements are met, New Mexico does not prohibit people from having ammunition shipped to a residential address. With that said, carriers can and sometimes do impose additional rules, such as asking for an adult with a valid form of ID to be present to sign for a package containing ammunition.
Because New Mexico does not regulate ammunition over federal requirements, the state has some of the most permissive ammunition laws in the country. It is fairly simple to have ammo shipped to a home in New Mexico.
Gun Laws/Buying Guns in New Mexico
Next, we will do the same analysis for NM gun laws.
New Mexico’s firearms laws are something of a mixed bag in terms of their permissiveness. The state does not have any bans on magazines or on so-called assault weapons either by name or by a list of features. Similarly, the state does not restrict its citizens from owning NFA items such as machine guns, suppressors, or short-barreled rifles or shotguns. In terms of what people can legally own in the state, NM is among the most permissive states in the country at the moment, though, as we detail later, things might be moving in a stricter direction in the future.
Buying a firearm from a gun store in the state follows federal processes. The buyer should bring both a form of payment and a valid identification to the store. There, the FFL will have the buyer fill out ATF’s Form 4473 to do a background check and record the purchase. As soon as that background check clears and the payment has been made successfully, the buyer can leave with the firearm the same day.
New Mexico is slightly less permissive when it comes to private sales: the state requires that, except for law enforcement officers and those buying guns from immediate family (or gifting, we suppose), all gun sales have to have an accompanying background check. Most FFLs will facilitate this for a small fee, but it is a regulation that makes the state’s gun laws more strict.
The state is inconsistent in its stance on the carriage of firearms. Open carry is allowed and does not require a permit. Concealed carry, on the other hand, is allowed but does require a permit that is issued on a shall-issue basis. It’s unusual for a state to allow for permitless open carriage of handguns and also to require a permit to carry a concealed firearm.
This permit is also recognized by a fairly large number of neighboring states.
Like most states, New Mexico has a list of places where firearms cannot be carried at all. This list includes:
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Bars
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Wildlife Refuges
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Correctional Facilities
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State Parks With Some Exceptions
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Private Property and Businesses with Posted Signs
All states have similar lists, and New Mexico’s is among the shortest. Also, it is usually illegal to carry a firearm on Federal property, which does include your local post office.
While the laws around buying and carrying firearms in New Mexico are relatively permissive, there are some exceptions to this, such as the requirement to have a background check for private party sales. Some policy proposals would ban magazines over a certain capacity and introduce a waiting period. Thus, while New Mexico is currently fairly permissive, this might well change if the state’s politics continues to change.
Sales Tax on Guns/Ammo in New Mexico
New Mexico’s base sales tax rate is 5.125% (no, that is not a typo, they did decide to be extremely specific about taxation in NM): localities can impose their own taxes and sometimes this makes the effective sales tax rate 9.25%. Because of this wide variance, this is one of the states where shopping around for an FFL in a lower-taxed area might be worth your while.
More Resources:
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The ATF maintains a list of every FFL in the country, including in New Mexico. Use this list to find local gun stores, which are usually either Type One or Type Two FFLs.
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Wheretoshoot.org is an excellent tool with which to find ranges: use the city, zip code, and mileage filters to find a range that works for you. Users can add new ranges, and the information is regularly vetted for accuracy.
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There are a number of well-rated gun stores in the state
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There is a somewhat active subreddit that caters to gun owners in New Mexico.