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Jizzzle
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| Joined: | Mon Dec 22nd, 2008 |
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Posted: Fri Jun 5th, 2009 04:01 am |
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30-7-3
(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act [NMSA 29-19-1]; provided that the licensed establishment does not sell alcololic beverages for consumption on the premises;"
this was posted by rattlesnake earlier in this thread. I think it spells it out clearly. no OC in a place that sells alchohol for offsite consumption.
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NavyLT
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Posted: Fri Jun 5th, 2009 04:12 am |
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But the fact remains that there are only 25 Wal-Marts in the entire state of New Mexico that are licensed dispensers.
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gunsfreak4791
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Posted: Fri Jun 5th, 2009 04:15 am |
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| I only see Concealed Firearm permit not Firearm must be concealed
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NavyLT
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Posted: Fri Jun 5th, 2009 04:20 am |
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1. The statute above clearly states "by a person carrying a CONCEALED handgun"!
2. All but only two of the Wal-Mart's in NM that have licenses to dispense are Supercenters. SO, if the Wal-Mart is NOT a Supercenter and it is NOT Neighborhood Market #3317 in ABQ, or Wal-Mart Stores East, LP in Ruidoso Downs THEN it IS LEGAL to open carry in the Wal-Mart regardless of whether or not that Wal-Mart sells alcohol. The statute only prohibits open carry in a LICENSED establishment.
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MedicOni
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| Location: | ABQ, New Mexico USA |
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Posted: Sat Jun 6th, 2009 02:40 am |
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NavyLT wrote: 1. The statute above clearly states "by a person carrying a CONCEALED handgun"!
2. All but only two of the Wal-Mart's in NM that have licenses to dispense are Supercenters. SO, if the Wal-Mart is NOT a Supercenter and it is NOT Neighborhood Market #3317 in ABQ, or Wal-Mart Stores East, LP in Ruidoso Downs THEN it IS LEGAL to open carry in the Wal-Mart regardless of whether or not that Wal-Mart sells alcohol. The statute only prohibits open carry in a LICENSED establishment.
You can also carry in the San Mateo Super Center. It is right next to a school, so it is prohibited from carrying alcohol.
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Jizzzle
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Posted: Sat Jun 6th, 2009 03:22 am |
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is there a statute preventing carry within a certain distance of schools?
i don't have kids and don't go near schools ever i don't think. but i'm curious.
anyone have any info on this?
i know you can't carry on school property but is there anything that extends the distance, say to include a store that's right next to school property?
Last edited on Sat Jun 6th, 2009 03:22 am by Jizzzle
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MedicOni
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Posted: Sun Jun 7th, 2009 04:58 am |
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Jizzzle wrote: is there a statute preventing carry within a certain distance of schools?
i don't have kids and don't go near schools ever i don't think. but i'm curious.
anyone have any info on this?
i know you can't carry on school property but is there anything that extends the distance, say to include a store that's right next to school property?
Not that I know of. And you can carry on school property if you do not get out of your vehicle. It's how I get away with carrying to class and then locking it up before I get out of my Jeep.
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Trainer23
Regular Member
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Posted: Fri Jun 12th, 2009 02:20 am |
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NM does not allow open carry in establishments that serve alcohol.
Here are the exceptions NMSA 30-7-3
http://www.dps.nm.org/lawEnforcement/ccw/docs/HB0588final.pdf
And here is thread on what happens if you do.
http://opencarry.mywowbb.com/forum39/12195.html
Last edited on Fri Jun 12th, 2009 02:22 am by Trainer23
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sypher442
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Posted: Fri Jul 3rd, 2009 10:30 pm |
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| ahh i figured id shut my mouth on this subject until i read this last thread. Im a new mexico policeman out of farmington, nm. This walmart thing i bogus. Ive been asked multiple times about if a guy can bring a loaded firearm into a walmart that sells alcohol. and what i tell them is this. becasue the law is so misunderstood this is what we have all come up with. you can walk into a walmart with a sidearm and not have trouble as long as you stay out of the alcohol section. dont buy it dont go near it and nobody will say anything and if you get us called on you for going in. we'll tell you the same thing. dont buy it with your gun on your hip. PERIOD
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MedicOni
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Posted: Sat Jul 4th, 2009 01:54 am |
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Trust me, ABQ police don't share that view on the law. Their take is that you cannot walk into any place that sells alcohol if you are open carrying. Period. Now, if you're in WM with a CCW, then you're ok even if you are buying alcohol
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steveaikens
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Posted: Tue Jul 7th, 2009 02:24 pm |
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sypher442 wrote: ahh i figured id shut my mouth on this subject until i read this last thread. Im a new mexico policeman out of farmington, nm. This walmart thing i bogus. Ive been asked multiple times about if a guy can bring a loaded firearm into a walmart that sells alcohol. and what i tell them is this. becasue the law is so misunderstood this is what we have all come up with. you can walk into a walmart with a sidearm and not have trouble as long as you stay out of the alcohol section. dont buy it dont go near it and nobody will say anything and if you get us called on you for going in. we'll tell you the same thing. dont buy it with your gun on your hip. PERIOD
Where I appreciate your opinion, your opinion is not the law, and is absolutely incorrect.
My name is Steve Aikens. I am the lobbyist that worked [along with NRA paid lobbyist Tara Mica] directly with Rep. Heaton in our legislature, testified in all the committee meetings and was the expert witness for both Rep. Heaton and Sen. Shannon Robinson on his Senate Bill to pass this legislation.
Open carry where alcohol is sold, regardless whether for on-premises or off-premises consumption is prohibited by law in NM.
The change we made to the law in the 2007 session with HB 588 was specific to and applies only to concealed firearm licensees. The change allows a concealed licensee to carry a concealed firearm into establishments that sell alcohol for off-premises consumption ONLY, and only where an establishment owner has not posted ***any sign that prohibits carry of a firearm in his establishment*** that is not the NM Regulation & Licensing Department, Alcohol & Gaming Division sign. http://www.rld.state.nm.us/AGD/PDFs/No%20Firearms.pdf.pdf That sign applies only to unlicensed persons, and to licensed persons that are not carry concealed. In other words - if you carry a firearm in ANY licensed liquor establishment openly - you will be charged and found guilty of violating our laws.
We worked very hard to insure the language was clear. Re-reading it even now, I am unable to understand how it can be mis-interrupted to allow open carry where alcohol is sold.
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