Las Cruces, New Mexico Gun Crime Attorneys
The Second Amendment:
Doesn’t the Second Amendment give me the right to own a gun?
Yes and no.
In general, the right to “bear arms” is supported by the Second Amendment to the United States Constitution. State and federal courts have supported this right, although they do allow certain kinds of restrictions and limitations to owning, carrying, and using a firearm.
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Some of those restrictions that apply to the State of New Mexico are:
Restrictions on Owning a Firearm
- Convicted felons cannot own or possess a firearm.
- If you are a convicted felon and you are caught with a firearm, you can be charged with another felony. This is the most common charge in New Mexico regarding firearms.
Restrictions on Where You Can Take a Firearm
- It is generally illegal to carry a firearm on the grounds of a school or a university.
- It is generally illegal to carry a firearm in a licensed liquor establishment such as a bar.
- It is a crime to carry a concealed loaded firearm or any other type of deadly weapon in most places.With some exceptions such as:
- law enforcement personnel
- a person who has obtained a license to carry a concealed weapon
- private residences
- private automobiles
Restrictions on What You Can Do With a Firearm
It is a crime in New Mexico to:
- carry a firearm while under the influence of an intoxicant or narcotic.
- endanger the safety of someone else by handling or using a firearm or other deadly weapon negligently.
- discharge a firearm within one hundred fifty yards of a dwelling or building without the permission of the owner or the lessee of the building. (This does not include abandoned or vacated buildings on public lands during hunting season.)
There are limited circumstances in which some of the firearms crimes listed above do not apply. For more details about a specific situation, consult an attorney licensed in New Mexico.