<P> New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms . However, local jurisdictions may restrict or ban the discharge of firearms within their boundaries . In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons . No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms ." </P> <P> State gun laws do not pre-empt tribal laws on Native American reservations, which cover a significant portion of the state . The only exception to this is when one is traveling through the reservation on a state - owned highway (includes US and Interstate highways), in which case state firearms policies and protections under the federal Firearm Owners' Protection Act (FOPA) do apply . While some tribes have established gun control policies that match New Mexico state law and honor New Mexico concealed carry permits, other tribes do not recognize any concealed carry permit regardless of where it was issued, and have far more restrictive gun control laws . Tribes with laws that do not match New Mexico state law have policies on open and concealed carry that vary from No - Issue to Shall - Issue, depending on the tribal nation . Some Native American reservations that do allow open or concealed carry (but do not honor the New Mexico Concealed Handgun License) typically have established their own permitting systems, where applications for concealed carry permits are processed and adjudicated by the respective tribal council or tribal police . Permits on such reservations may be available to the general public or limited to tribal members, depending on the tribal nation policies . </P> <P> New Mexico is a Shall - Issue state for the concealed carry of handguns, and permits the open carry of loaded firearms without a permit . A New Mexico Concealed Handgun License (CHL) is required by in - state residents to carry in a concealed manner a loaded handgun while on foot . Per state law, a firearm is considered "loaded" when a magazine with live ammunition is inserted into the weapon and / or a live round is in the firing chamber . (citation needed) Additionally, state law (NMSA 29 - 19 - 2) defines a concealed handgun as "a loaded handgun that is not visible to the ordinary observations of a reasonable person ." This definition creates legal ambiguity for partially - exposed weapons, as the firearm may be visible to one person and thus no violation of law occurs since it would be viewed as open carry . The partially - exposed weapon may not be readily visible to a second person, thus potentially placing the carrying person in violation of the state's concealed carry law if the individual carrying does not have a valid license for concealed carry . A CHL is not required for open carry, concealed carry of an unloaded firearm on foot, or concealed carry of a loaded or unloaded firearm while in a vehicle (including motorcycles, bicycles, off - road vehicles, motor homes, or riding a horse). An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age . Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber . The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun . A permit is valid for four years, but license holders must pass the shooting proficiency test every two years . An applicant may appeal the denial of a Concealed Handgun License by requesting a hearing before the Department of Public Safety within 35 days of receipt of an Order of Denial for a CHL . An unfavorable ruling on the appeal by the DPS may be further appealed through the New Mexico courts . New Mexico currently recognizes concealed carry permits from or has reciprocal agreements with the following states: Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming . New Mexico does not issue CCW permits to non-residents, except for Active Duty military members permanently assigned to a military installation within the state . Part - time residents with a valid New Mexico ID or Driver's license may apply for a New Mexico CHL . New Mexico does recognize out - of - state nonresident permits held by in - state residents for concealed carry . </P> <P> New Mexico is a Permissive Open Carry state . Open carry of a loaded firearm without a license is legal statewide, except for restricted places listed in the section below . Provisions in the New Mexico Constitution prevent counties or municipalities from enacting ordinances restricting or banning open carry . </P>

Can i carry a gun in new mexico