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OpenCarry.org - Discussion Forum > Stories From The States > New Mexico > A cop told me he thinks I cant OC....







A cop told me he thinks I cant OC....
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cloudcroft
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 Posted: Mon May 21st, 2007 06:59 am
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Well, in a group that is on life-support, any activity is good activity.

-- John D.

 

 

Last edited on Mon May 21st, 2007 06:59 am by cloudcroft

para_org
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 Posted: Mon May 21st, 2007 11:15 am
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"Life support" ? How so ?

(Am I gonna regret asking ? GRIN)

Haroon
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 Posted: Mon May 21st, 2007 06:10 pm
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Someone here said to cite the NM constitution and this is what I saw:

Sec. 6. 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 [b]carrying of concealed[/b]
weapons.

With that said, which part talks about open carrying and not concealed

Haroon
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 Posted: Mon May 21st, 2007 06:10 pm
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NMGlock26 wrote: I hope you did not walk into a business that sells alcohol. Its a  4th degree felony in  NM  to  carry  a firearm into  any place that sells alcohol . Starting July 1st 2007 you can carry concealed with a CHL into businesses that sell alcohol for off premises consumption. The 4th degree felony can not be reduced. It is a mandatory 1 year in prison.  Please review state law 30-7-3.  Be carefull.

No I didnt....

Haroon
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 Posted: Mon May 21st, 2007 06:10 pm
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NMGlock26 wrote: I hope you did not walk into a business that sells alcohol. Its a  4th degree felony in  NM  to  carry  a firearm into  any place that sells alcohol . Starting July 1st 2007 you can carry concealed with a CHL into businesses that sell alcohol for off premises consumption. The 4th degree felony can not be reduced. It is a mandatory 1 year in prison.  Please review state law 30-7-3.  Be carefull.

No I didnt....

para_org
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 Posted: Mon May 21st, 2007 06:18 pm
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Haroon wrote: Someone here said to cite the NM constitution and this is what I saw:

Sec. 6. 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 [b]carrying of concealed[/b]
weapons.

With that said, which part talks about open carrying and not concealed
The constitution covers open carry. As per above. Concealed carry is covered by promulgated laws etc. *Effectively* the laws and rules about where to carry are the same between the two classes of carry, at least until the beginning of July as has already been discussed in this thread.

exceltoexcel
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 Posted: Mon May 21st, 2007 06:34 pm
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There is no law that says you can open carry!

Can you show me a law that tells me it's okay to pee standing up? 

Stop asking the question, the answer is simple it's legal if it isn't illegal.

Last edited on Mon May 21st, 2007 06:34 pm by exceltoexcel

Haroon
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 Posted: Mon May 21st, 2007 06:35 pm
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thanks 

Last edited on Mon May 21st, 2007 06:36 pm by Haroon

exceltoexcel
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 Posted: Mon May 21st, 2007 06:37 pm
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Sec. 6. 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
, <-- this means you can open carry.

 

 

 this means BUT they can keep you from carrying concealed-->but nothing
herein shall be held to permit the carrying of concealed
weapons.

Haroon
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 Posted: Mon May 21st, 2007 06:37 pm
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delete

Last edited on Mon May 21st, 2007 06:38 pm by Haroon

exceltoexcel
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 Posted: Mon May 21st, 2007 06:39 pm
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Hurt my feelings? 

How so? 

Reading comprehension is a good thing ;)

Haroon
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 Posted: Mon May 21st, 2007 08:15 pm
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exceltoexcel wrote: Hurt my feelings? 

How so? 

Reading comprehension is a good thing ;)


yea ignore me I was just frustrated in understanding these words as they are worded in a confusing way....to me that is


cloudcroft
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 Posted: Mon May 21st, 2007 10:14 pm
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Haroon,

Copy of PM sent:

 

I just saw your PM to me here in the Messages section.

I went there to that thread as you asked and it looked like other people already answered you.

I understand your confusion...when I first looked into NM "OC LAW" (statute) -- in order to use it to back-off ignorant NM cops when I OC-ed -- I couldn't find one so I also asked WTH was it. I found out the "OC law" was actually the NM Constitution.

As for CC, however, there are statutes for that.

Personally, I prefer OC for several reasons.

Hope you got your question answered?

Regards,

-- John D.

 

jlrea
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 Posted: Sat Jan 12th, 2008 05:50 pm
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What does the NM OC law say about open carry on school property or, say, in the Roundhouse?

para_org
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 Posted: Mon Jan 14th, 2008 02:22 pm
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You must be new here. (This forum that is.)

If you go back to the beginning of the thread, somewhere along in the first page you can read that with the exception of liquor stores; the 'regulations' concerning where firearms can be carried are consistant for A) - open carry without a permit and B) - "criminal" (concealed) carry with a permit.

If that is not clear -> Please feel free to explain what is not clear about that in a reply.

jlrea
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 Posted: Mon Jan 14th, 2008 03:08 pm
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para_org wrote: You must be new here. (This forum that is.)

If you go back to the beginning of the thread, somewhere along in the first page you can read that with the exception of liquor stores; the 'regulations' concerning where firearms can be carried are consistant for A) - open carry without a permit and B) - "criminal" (concealed) carry with a permit.

If that is not clear -> Please feel free to explain what is not clear about that in a reply.

I am new, but I did read all that was in this thread and most of the others on this forum and did not find the answer to the question of guns on school property, for example.  Specifically, if I have a gun in my car or truck, am I prohibited from driving that car or truck into a school parking lot or pickup area?

para_org
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 Posted: Mon Jan 14th, 2008 06:21 pm
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jlrea wrote: para_org wrote: You must be new here. (This forum that is.)

If you go back to the beginning of the thread, somewhere along in the first page you can read that with the exception of liquor stores; the 'regulations' concerning where firearms can be carried are consistant for A) - open carry without a permit and B) - "criminal" (concealed) carry with a permit.

If that is not clear -> Please feel free to explain what is not clear about that in a reply.

I am new, but I did read all that was in this thread and most of the others on this forum and did not find the answer to the question of guns on school property, for example.  Specifically, if I have a gun in my car or truck, am I prohibited from driving that car or truck into a school parking lot or pickup area?

- Your car is 'sovereign' as far as firearms contained within. i.e. As long as the vehicle is locked this should not be an issue.

Open carry while on school property was what you originally asked about and that is not at all the same question. (More especially because your car (and home) are sovereign. And because 'open carry' would neccessarily imply 'carry' and a gun locked in your car is NOT a carry situation.) I *do* realise that some states do consider firearms locked in a car a prohibition, but NM is not among them as long as you can otherwise own a gun.

Again as far as I know, at this time in NM; open carry is treated the same as concealed carry as far as areas where such use is prohibited with one exception, as I cited in my response above and on or about May 21st in this thread. ALSO 'carry' generally means on your person in public so to speak and not in your home or vehicle.

tarzan1888
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 Posted: Mon Jan 14th, 2008 10:06 pm
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OC-Glock19 wrote: LCSNM wrote: With that said, can anyone here give me the state law or any NM govt wording that says its ok to open carry in NM?
You'll find it right next to the law that says you can wear a red shirt and drive a yellow car at the same time.  In other words, if it's not specifically prohibited then it's legal to do it, or in the logic of the antis it's a loophole in the law that allows you to open carry.


BINGO

 

Give this man a cigar.  He is exactily right.

 

Tarzan

 

Sivs
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 Posted: Mon Jan 14th, 2008 10:41 pm
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Just to make sure everyone knows where you cannot carry: It is not legal to carry any firearm in any federal building, school, state building, or licensed liquour establisment.  That is both for OC and CCW.  Only those with a CCW license can conceal carry in businesses that sell alcohol for at home consumption, such as Walmart or your local grocery store.

SpaceCase
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 Posted: Wed Jan 16th, 2008 05:41 pm
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Could you provide the specific statute that disallows carry in State Buildings?  I have been searching the law sites and can find nothing to support this.  Also is there some other law than 18 USC 930 that disallows carry in federal buildings?

Sivs wrote:
Just to make sure everyone knows where you cannot carry: It is not legal to carry any firearm in any federal building, school, state building, or licensed liquour establisment.  That is both for OC and CCW.  Only those with a CCW license can conceal carry in businesses that sell alcohol for at home consumption, such as Walmart or your local grocery store.


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