Definition of "Concealed" in New Mexico?


Please don't be too hard on me, folks -- it's intended as a serious question. I'm accustomed to open carry and do so on a regular basis, but have picked up my CCL so that I have the option. Now that I have the option, I don't want to be an idiot and cause myself unnecessary headaches.


I'm under the impression that other states define the term "concealed" and the definition can be extremely problematic for the individual that doesn't follow the rules -- it's why you see discussions regarding "printing". I've dug through the NM statutes many times and can't find a definition of "concealed carry", only a definition of "open carry" (must be clearly visible from 3 angles, etc, etc).


The answer is important to me due to a shoulder and hand injury that results in my being extremely restricted in my options for type of gun to be carried (Glock G19 or comparable) and how to carry it (SERPA holster, strong side, forward tilt).


It would be appreciated if anyone here could direct me to the correct portion of the statutes if I've simply skipped past the relevent section, or just plain be willing to give me a bit of schooling on the facts of life in the Rio Rancho/Albuquerque area.


Many thanks,
Dan
 

EinsteinTaylor

New member
I don't want this to sound flip at all but I would say anything that doesn't meet the definition of open carry is by default concealed, so if open carry is defined, concealed doesn't need to be spelled out in the law.
 

Caribou

New member
If I read this right you can open carry without a permit and CC with a permit. If this is correct then it would seem that you can carry either way legally and the only problem is that someone might know something you would rather they didn't.
 
Thanks, folks, greatly appreciated! Member 95and05 responded to this question on the main "concealed forum", and the answer was right in front of me, evidently I just kept blowing past it. Chapter 29 article 19 part 2 of concealed handgun carry act of 2003 defines concealed handgun as a loaded handgun that is not visible to the ordinary observations of a reasonable person
 

whooboy

New member
...then does that mean that if a handgun is not loaded, then it is not considered a concealed weapon? I ask because of the restriction of carrying only one concealed weapon at a time. If a second one is carried, and it is not loaded, then is it a concealed weapon. I have heard that it is not. But then again, if you carry a pistol in one pocket, and a loaded clip in another pocket, how is that considered?
 

xmxplxz

New member
I have been curious about this for a long time. An Albuquerque Police Auxiliary officer told me years ago that an unloaded gun with the clip in another pocket is NOT concealed and requires no license.
 

Professor

New member
Thank you so much, Charles.

As I read the first posts, I was going to rant a bit about the misuse of "clip", but your illustration clarifies it better than anything I could have said.

Some say, "It doesn't matter. It's just a different word for the same thing."

It's an honest mistake, but to clarify for those who don't know, it's kind of like purchasing something and when someone asks where you got it, you say, "I stole it." instead of, "I bought it." Both verbs can indicate you have the item, but they indicate very different actions. Both magazines and clips can contain cartridges, but their actions are different. A magazine contains a spring that pushes each round into position to be chambered by the forward-moving bolt. A clip does not contain a spring. In clip-fed firearms, the spring is in the weapon.

Oops, I ranted a little anyway, but hopefully with your pictures and my words, the difference will be better understood by those new to firearms. And hopefully, I got it right. :smile:
 

xmxplxz

New member
So.... what is the NM definition of "open carry" and a citation to the state law?

Chapter 29 article 19 part 2 of concealed handgun carry act of 2003 defines concealed handgun as a loaded handgun that is not visible to the ordinary observations of a reasonable person. It's right up there in the thread
 

xmxplxz

New member
Clip, magazine, fine. Do you guys turn around to watch the toilet flush too. The point is the definition of concealed carry in NM. You are off-topic. And, I am so properly and completely chastized. Gosh.
 

Fallschirmjäger

New member
Fallschirmjäger said:
So.... what is the NM definition of "open carry" and a citation to the state law?
Chapter 29 article 19 part 2 of concealed handgun carry act of 2003 defines concealed handgun as a loaded handgun that is not visible to the ordinary observations of a reasonable person. It's right up there in the thread
Begging your pardon, but that sounds more like a definition of "concealed carry" than "open carry." While I'm aware of 'not visible to ordinary observation' I'm more interested in where the 'visible from three angles' thing mentioned in the first post comes from.

It would appear that the 'definition' of an openly carried arm in New Mexico is simply 'a firearm that is visibly identifiable as such to the ordinary observation of a reasonable person.'

I've dug through the NM statutes many times and can't find a definition of "concealed carry", only a definition of "open carry" (must be clearly visible from 3 angles, etc, etc).
If I may ask, where did you find a definition of "open carry" that requires clear observation from any number of angles?
 

xmxplxz

New member
Link Removed

I am trying to find the answer to this question. No success so far. However, we do have this: New Mexico is, or has an extended domain law: so concealed or not concealed, it is legal to carry in your home, in your vehicle (car, truck, bicycle, motorcycle, or horse!)

I'll keep looking. If I find anything, I'll post it clip or magazine, whatever. ;-D
 

whooboy

New member
I'm still interested in the answer to the question as to whether a firearm in one pocket, and the ammunition and means to load it in another pocket is considered concealed carry. In other words, can you carry one concealed weapon loaded and another concealed weapon unloaded with its ammo detached and still be in compliance with the only-one-concealed-weapon law. A related question: Can you carry one weapon concealed and one open carry? Or do they only want you to carry only one loaded firearm?
 

bofh

Banned
I'm still interested in the answer to the question as to whether a firearm in one pocket, and the ammunition and means to load it in another pocket is considered concealed carry. In other words, can you carry one concealed weapon loaded and another concealed weapon unloaded with its ammo detached and still be in compliance with the only-one-concealed-weapon law. A related question: Can you carry one weapon concealed and one open carry? Or do they only want you to carry only one loaded firearm?

NM law does not specify the terms loaded or unloaded. Carrying an empty handgun in one pocket and a loaded magazine in the other pocket could be interpreted by LEOs and the DA as carrying a loaded firearm in a concealed manner. It would be up to you to defend yourself in court that you didn't carry a loaded firearm. ... Better call Saul. ... Seriously though, check with a pro-2A lawyer on that. He would know the NM case law on this. No Internet forum keyboard ninja here can help you with a legal question like that.

From http://www.handgunlaw.us/states/newmexico.pdf:

10.8.2.16 Terms and Conditions of License:

A. Carrying only handguns listed on license. No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. A licensee shall only carry one (1) concealed handgun at any given time.

NM law can't be more clearer than that. You can carry as many guns as you want (and are physically able to), as long as only one of them is considered concealed by NM law.
 

yi5hedr3

New member
I would even take it a step further. If the clip is inserted, yet a round is not chambered....technically it is not loaded - pulling the trigger will do nothing.....
 

G50AE

Well-known member
I would even take it a step further. If the clip is inserted, yet a round is not chambered....technically it is not loaded - pulling the trigger will do nothing.....
I want to know just what type of handguns you guys a re carrying that use "clips" to feed ammo. The WWI era Mauser Broomhandle is one of the few handguns I know of that use "clips" to feed ammo.
 

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