Minimum requirements to retain a NM "Resident" CCP

[MarkPA]

I am NOT now a resident of NM, nor do I have any particular ties to NM. I'm planning to move outside the country (Mexico) whereupon, I would not be a resident of ANY State. That, then, becomes somewhat of a problem particularly as respects purchasing a handgun in ANY State; there would be NO State where I would be a resident. Under these circumstances, it's probably a good idea to leave my current (northern) State of residence, sojourn in a southern State where I would establish residence as minimally as possible, acquire a driver's license and CCP, and then move on to Mexico. Thereupon, I IMAGINE that I MIGHT be able to retain an IN-State driver's license and CCP in that State and retain the right to buy a handgun in that State. (I see that NM issues CCPs only to "residents". I'm willing to acquire NM residency; just NOT MAINTAIN NM residency.)
I have no inclination to violate any Federal or State law. So, I'd like to know if NM laws are flexible enough to make it feasible for me to RETAIN legal residence - for purposes of holding a drivers license and a CCP - while not spending any substantial amount of time in NM.
I presume I could maintain some nominal ties to NM. E.g., maintain a physical address; visit the State once or twice a year. I could buy a small plot of land/house in NM but not actually live there. However, I would not be able - nor would I be willing - to designate NM as my domicile (primary residence) nor even a part-time residence for any material period of time.
Any input would be appreciated; including, that it's not worth pursuing in NM.
Thanks
Mark

 

[Drzzit]

I don't believe You can own a firearm in Mexico. You can't even own over 49% of a company if not a citizen of Mexico. But good luck if I'm wrong.

sent from Drzzit's S4

 

[Drzzit]

Also I believe its almost impossible for citizens to own firearms legally in Mexico. If I remember correctly, there is only 1 firearm store in the whole country and it's in Mexico City run by the Army.

sent from Drzzit's S4

 

[Drzzit]

Just looked up Mexico's gun laws at WIKIPEDIA, it states only 1 handgun can be owned and must be registered with the government, only used for in the home for self defense, cannot carry open or concealed outside of home and MUST be no larger caliber than .380.

sent from Drzzit's S4

 

[NavyLCDR]

I have no inclination to violate any Federal or State law.

Thanks
Mark

Well, the minimum residency requirement, in Federal law, to purchase a firearm in a state is to be present in a state WITH THE INTENTION OF MAKING A HOME THERE. Doen't sound to me like you intend to make a home in any state, you intend to make a home in Mexico. Therefore, according to Federal law, it would be illegal for you to purchase any firearm in any state once you move to Mexico. Merely keeping a driver's license somewhere or even a CCW permit does not make you a resident for the purposes of firearms transactions.

27 CFR 478.11:
eCFR ? Code of Federal Regulations

§ 478.11 Meaning of terms.
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b).

 

[Spartan]

Very interesting discussion.
.
I am a New Mexico resident - I have a NM driver's license and am registered to vote there - but I do not currently own any property there, do not have a residence there, and have been living outside the US for 20 years. My driver's license and voter's registration are through my father's address there and I have a mail box at a UPS store for my personal affairs. I also have my firearms stored there.
.
I do intend to live there in the future but I doubt that will happen for another 10 or 15 years.
.
I suppose you could skirt the law by establishing basic residency as you mentioned and if ever challenged about your intentions you could say that at the time you had planned to stay but circumstances beyond your control changed.
.
One other thing you might consider - Arizona issues driver's licenses that do not need to be renewed for many years. I also seem to recall that their CCW licenses are good for much longer than the NM CCW licenses are. Arizona might be a better option simply because you would not have to go back so often to re-new the documents.
.
Where are you heading in Mexico? Do you have family there or is there some other reason you picked Mexico?

 

[MarkPA]

.
One other thing you might consider - Arizona issues driver's licenses that do not need to be renewed for many years. I also seem to recall that their CCW licenses are good for much longer than the NM CCW licenses are. Arizona might be a better option simply because you would not have to go back so often to re-new the documents.
.
Where are you heading in Mexico? Do you have family there or is there some other reason you picked Mexico?

Thanks for the AZ suggestion. I'll keep that in mind.

I have family in Puebla Mexico. My wife is from Puebla. It's a great place to live; particularly for us.
Mexican gun laws are a mixed-bag. There is a constitutional right to keep "non-military" arms in one's home. It's my understanding that no one gives a hoot about keeping legal guns at home, whether registered or not. Transporting outside the home to a range or hunting location is more problematic, but not impossible. Getting a permit to carry is next-to-impossible.

Having a former tie to NM and a parent who remains there with a prospect of returning to NM strike me as a pretty good basis to claim a legitimate claim to having part-time residence and an intention to make a "home".

I'm not sure that being gone for a long time is consistent with maintaining a claim of residence. I'm inclined to think that if one has regular contact with a State that would tend to support maintaining a claim of residence in that State. Thinking in these terms, maybe it would make sense for me to maintain a tie to Laredo TX to which I could return once or twice a year for shopping.

Thanks
Mark

 

[Spartan]

I assume you are not aware, as very many people are not, that a part of the 1994 crime bill which DID NOT sunset with the Assault Weapons Ban was a law stating that US citizens who are not residents of the USA cannot purchase firearms. I did not know this for a number of years and was purchasing firearms while visiting the US. This law does not clarify whether "resident" means having a place to live there or merely maintaining connections - ie. driver's license, paying state taxes, voting, etc.
.
I did discuss this with an FFL and his take was that I am a NM resident as long as I have a valid NM driver's license. This law does not make it illegal for "non-desidents" to possess firearms previously purchased, just to purchase them while not a resident.
.
I grew up right on the border - close enough to go there just for lunch - and understand the good parts of Mexico. I also understand how things are, at least in Chihuahua, about owning guns there - as far as the people seem to see things legalities are for lawyers. Be very sure that you don't have any guns, ammo, or even magazines on you or your vehicle while traveling near the US border.
.
I don't have any problem with the claim that I am a resident of New Mexico. I am a US citizen and will not change that. I file my taxes, participate in elections, keep my driver's license current, have an address there, and visit as much as work and finances allow. I have not lived in the US since 1993 (Clinton had just come into office) and due to my work situation probably will not live there any sooner than 2025. I have permanent residency in the country where I live but will always consider myself to be an American from the southwest.

 

[MarkPA]

That's very interesting. My impression is that one wouldn't be entirely safe unless one had a bed to sleep in the claimed State of residence and actually slept there on rare occasion. If you visited your father twice a year then I think you should be perfectly fine. If I had a rented room and slept there twice a year I think I would be fine. Count that pretext be broken? Likely so. Would a prosecutor undertake to do so? I doubt it. If one were to file a part-year resident return then I think that would probably seal the case.
Thanks for your kind responses.
Mark

 

[Spartan]

JFYI - one time when I needed to update my NM driver's license by mail from overseas they required I show proof of NM residency. I don't remember all the details but one thing they wanted to establish this was a receipt or cancelled check for a utility bill for a house/apartment with a NM address. I ended up letting the license expire then renewing it in person the next time I was there. Doing it in person did not require any proof of residency.
.
I suppose one could set up a bank account in one's name and arrange to pay somebody's gas bill through that account. The actual resident could make deposits to cover these charges while the receipts would show the account holder was paying those bills.
.
I can only imagine that the question of residency might come up in a court of law if somebody was caught breaking some other more serious laws. As long as you are clean and not attracting attention it is unlikely to come under scrutiny.