Carry in a Hotel?


OM44

New member
I thought it was legal to carry a concealed weapon in a hotel if you are staying there. However, this
weekend in Albuquerque I saw a sign on the second day of staying there which stated it was a 4th
degree felony to posses a firearm (loaded or unloaded) on the premises.

Bummer! I took my weapon out to my car and left it there.

The hotel was the Drury Inn & Suites on Jefferson at I-25.

So, is the sign out of date, or is the manager of this particular hotel trying to make another "gun free zone?"
 

Last edited:

NDS

New member
Wow! I spent a night at a hotel in Albuquerque about a week ago. Didn't see any signs posted anywhere and the clerk didn't say a word about weapons.

:unsure:
 

hardhat

New member
Hotel probably has a bar/restaurant

If the hotel has a bar or a restaurant that serves liquor then it is a 4th degree felony as the law states currently. It is a grey area that needs to be cleared up by the legislature. The law, as it stands right now doesn't make a distinction between the rooms at the hotel and the bar/restaurant contained in the hotel.
 

OM44

New member
Yup, they were serving alcoholic beverages. I didn't even think about that. That must be the reason for
the sign. I guess I'll have to find another place to stay that is pet friendly.

Thanks for reminding me about the alcoholic beverage law.
 

Commander_Cob

New member
I believe New Mexico law currently holds that "gun-free zones" are at the discretion of the business. Unlike other states that require specific signs created by the Department of Public Safety, all that is required in New Mexico is a store owner's scribble in crayon posted on the door.

The alcohol situation is a bit different, if the business is connected openly (without a door or with open door) to the liquor serving portion of the business, you cannot carry a weapon. If there is any kind of barricade (closed door or wall) between the hotel and the bar, it is legal to carry so long as its not posted.

I'm no lawyer, but I believe this is an accurate account of New Mexico's revised CCW laws.
 

sailor

New member
legal CCW areas

Just another reason to get with your state senator and representative to get some clear, reasonable bills lined up for the 2009 Legislative session. It is up to us to push for the changes that we need in our state CCW laws. If we don't show our legislators what we sincerely feel is appropriate changes in the current law, it just won't change. I can go up to Durango, Colorado and carry into any restaurant or hotel, serving alcohol or not, with no problem. Is there something about New Mexico that is too juvenile or twisted that I cannot carry in a restaurant serving alcohol - particularly when I will not be drinking any? Our efforts to push for change is what will make it happen, assuming you each have representatives and senators that actually represent you. That is coming up soon too! Vote for people that actually will represent you - find out who they are, and support them. (Slowly stepping down from the well worn soap box).
sailor
 

automatic slim

New member
One thing we all have to remember is that Hotels, motels, restaurants and bars are private property. They can dictate what can be brought into their establishments just like we can dictate what is brought into our homes. Also consider that their insurance may not cover firearms related damage, injuries or deaths, making the owner liable. Under the most recent change in the law, firearms can be carried into businesses which sell liquor for off premises consumption. This would of course exclude bars, restaurants, etc. serving liquor.
 

OM44

New member
The first time I stayed there, they didn't serve alcoholic beverages, but this time they served one free
beverage with the evening meal. This must be why they posted the sign. I know the law allows CCW
holders to keep firearms in their hotel rooms, but I'm not sure about this situation where there is no door
between where the alcoholic beverages are served and the main lobby.

So, just to be on the safe side I guess I'll have to find another place to stay from now on when visiting
Albuquerque.
 

cgraham

New member
There are two issues here: NM concealed carry statute which prohibits carrying in an establishment which sells liquor, and the Trespass statute.

The Trespass statutes indicate specifics for signage: found at http://nxt.ella.net/NXT/gateway.dll?f=templates$fn=default.htm$vid=nm:all

30-14-1.1. Types of trespass; injury to realty; civil damages. (1983)
A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.
B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.
C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.


30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands. (1979)
A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.
B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:
(1) be printed legibly in English;
(2) be at least one hundred forty-four square inches in size;
(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;
(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and
(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.
C. Any person who posts public lands contrary to state or federal law or regualtion [regulation] is guilty of a petty misdemeanor.

The uniform jury instructions indicate that the person prosecuted knew, or should have known, that he was trespassing to be found guilty. An implication is that the "I found a door without a sign" is not likely an effective defense. I doubt there is yet a trial to detemine whether a sign that substantially meets the legal requirement is sufficient (I'm thinking of the "should have known" clause in the jury instruction).

I thought I recalled that armed trespass is a more serious offense in NM, but I can't find any such reference today.

It might be worth asking the manager of the motel in question whether he was attempting to comply with the concealed carry requirement, or if he intended to ban weapons throughout the establishment. If the former, a little education is appropriate.

It is my understanding that presence of a bar is not intended to prohibit entry to the entire building under NM CC law, although this may not be specifically spelled out in current law. Your motel room is an extension of your home in NM, I believe, just like your car, so possession of a weapon could not be banned there, I suppose. Again, probably never tested in court.

I hope this clears things up a bit.

DISCLAIMER: I AM NOT A LAWYER AND THE ABOVE IS NOT LEGAL ADVICE: IT IS MY PERSONAL OPINION ON THE SUBJECT.

C
 

H2OProofer

New member
If the hotel has a bar or a restaurant that serves liquor then it is a 4th degree felony as the law states currently. It is a grey area that needs to be cleared up by the legislature. The law, as it stands right now doesn't make a distinction between the rooms at the hotel and the bar/restaurant contained in the hotel.

According to the DPS website this is an exception to the hotel bar rule:

(5) by a person in that area of the licensed
premises usually and primarily rented on a daily or short-term
basis for sleeping or residential occupancy, including hotel
or motel rooms;


That's the way I read it.
 

New Threads

Members online

No members online now.

Latest posts

Forum statistics

Threads
49,337
Messages
622,554
Members
74,164
Latest member
AllstarzgamevV
Top