| Author | Post |
|---|
Beau
Regular Member
|
Posted: Wed Jan 16th, 2008 06:23 pm |
|
exceltoexcel wrote: 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.
The best way to state this point is the same way it was told to me when I asked the same question.
Laws are not made to make something legal. Laws are made to make things illegal. So, if there is no law against something is therefor legal.
|
Scooter88310
Regular Member
| Joined: | Wed Sep 30th, 2009 |
| Location: | |
| Posts: | 16 |
| Status: |
Offline
|
|
Posted: Wed Oct 7th, 2009 03:27 am |
|
Don't know if you ever got a straight answer.... YES! you can openly carry anywhere except courthouses, liquor stores, schools, or places that have posted 12x12 signs that say NO WEAPONS.
|
Sonora Rebel
Regular Member
|
Posted: Wed Oct 14th, 2009 12:40 am |
|
Concealed Carry wasn't even an option in NM until Jan 2002 or so. http://www.kc3.com/news/nm_ccw.htm
NM and AZ have been open carry states since territorial days. Before CC... it wasn't even called that. You went heeled or not. Rights require no license or permit. The NM Consitution is clear enough. Too bad many of your imported cops don't bother to read it. It's called law enforcement, not 'opinion enforcement'. Not all that long ago, goin' heeled was somethin' you really didn't have to think about. It's a right... you'd just 'do it'.
|
Scooter88310
Regular Member
| Joined: | Wed Sep 30th, 2009 |
| Location: | |
| Posts: | 16 |
| Status: |
Offline
|
|
Posted: Wed Oct 14th, 2009 01:47 am |
|
Sonora Rebel wrote: Concealed Carry wasn't even an option in NM until Jan 2002 or so. http://www.kc3.com/news/nm_ccw.htm
NM and AZ have been open carry states since territorial days. Before CC... it wasn't even called that. You went heeled or not. Rights require no license or permit. The NM Consitution is clear enough. Too bad many of your imported cops don't bother to read it. It's called law enforcement, not 'opinion enforcement'. Not all that long ago, goin' heeled was somethin' you really didn't have to think about. It's a right... you'd just 'do it'."
IMPORT COPS!  LOVE IT! 
|
DustoneGT
Regular Member
| Joined: | Wed Sep 3rd, 2008 |
| Location: | |
| Posts: | 34 |
| Status: |
Offline
|
|
Posted: Fri Oct 16th, 2009 04:29 am |
|
Google NMSA 1978
Statutory chapters
chapter 30
article 7
unlawful carry is defined as carrying concealed and loaded, open and loaded is ok as is concealed and unloaded.
Other sections in article 7 forbid carry in schools, universities and licensed liquor establishments.
Having a ccw lets you carry in liquor places that sell for off premises consumption.
Read the law and read carefully.
Almost every law exempts peace officers. Do some reading in chapter 29 and you'll find the ultimate 'loophole'. Also google LEOSA...
|
cbackous
Regular Member
|
Posted: Fri Oct 16th, 2009 07:49 am |
|
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.
There are WAY too many yellow cars around here, I'm going to write an angry letter about them to my congressman.
|
suntzu
Regular Member
| Joined: | Sun Jun 22nd, 2008 |
| Location: | Tennessee |
| Posts: | 1066 |
| Status: |
Offline
|
|
Posted: Fri Oct 16th, 2009 08:08 pm |
|
Haroon wrote: So I was in Las Vegas, NM and I was open carrying where ever I went, Walmart, grocery store, radio shack and more.
I never saw anyone open carrying. I do think some people were a little shocked to see me open carrying.
I went to the local police station, asked a cop if its ok to open carry. He didnt know so he goes into his office comes back 15 minutes later with some print outs of the state laws about firearms and an application for concealed carry.
He still couldnt confirm but he said he wouldnt advise to wear it open.
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?
Also, if you were in my situation , would you still open carry if nobody else did and it wasnt really a thing the public over there were accustomed too?
I still want to open carry...
Never ever ask the police whether you can or cannot OC, because most are rabidly anti-OC. Learn the laws for yourself, ask people here, look up your relevant state statutes, but never ever ask the police their opinion, because that is exactly what it is.
|
Count
Founder's Club Member
| Joined: | Fri Mar 9th, 2007 |
| Location: | |
| Posts: | 299 |
| Status: |
Offline
|
|
Posted: Sat Dec 12th, 2009 06:50 pm |
|
"He still couldnt confirm but he said he wouldnt advise to wear it open."
I callled a couple years ago NM DPS. A lady answered the phone and stated open carry is legal. I then told her, so if I get gas or just go about my business while in NM I can open carry, correct? She stated no, only cops open carry in NM. Do New Mexicans get less education or just the cops are a little bit slower?....
|
suntzu
Regular Member
| Joined: | Sun Jun 22nd, 2008 |
| Location: | Tennessee |
| Posts: | 1066 |
| Status: |
Offline
|
|
Posted: Sat Dec 12th, 2009 07:45 pm |
|
Haroon wrote:
chill out man! I went to the station beause they enforce the law, so I figured they would know it. Why are you making it seem cops are the last people who know the law and as if their job doesnt revolve around the LAW.
Generally it is because the police don't know the laws--they tend to make things up as they go along and enforce what they think the law states instead of what it actually states...and when they are in doubt--they are not above making things up as they go along.
Never ask a police officer--they don't want to deal with OC anyway, so obviously they are going to act as if it is illegal and will try to intimidate you into believing they are correct even when they are not.
|
para_org
Regular Member
| Joined: | Fri May 11th, 2007 |
| Location: | |
| Posts: | 391 |
| Status: |
Offline
|
|
Posted: Sun Dec 13th, 2009 12:46 pm |
|
Um, I am guessing that you did not speak to someone that went through the academy training as this is suppose to be taught there. OR The person that answered the phone went through the academy and flunked out and now answers the phone. Perhaps they got a donut stain on their uniform the day this was covered at the academy and was excused from class in order to present a neat and tidy appearance.
Heck for that matter maybe talking to cops is a bad idea about anything related to the law accept related to its' application by said cop.
Understanding the above and applying it a better question would be "SINCE the NM constitution protects Open Carry will I be hassled and subject to illlegal arrest by your officers today or any other day ?
I carry every day in NM, and 90-95 percent of it during the summer is open carry. With one exception I have been left alone. PLUS *you* now have the court on your side through a recent ruling (a few months ago) that affirms that police do NOT have the discretion in these matters that some of them might think they have.
|
Sonora Rebel
Regular Member
|
Posted: Sun Dec 13th, 2009 08:52 pm |
|
Here;s all the ;aw' you'll need:
NM Constitution: Art II 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 carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. Art. II, § 6 (first sentence enacted in 1971, second sentence added 1986).
1912: "The people have the right to bear arms for their security and defense, but nothing herein shall be held to permit the carrying of concealed weapons." Art. II, § 6.
[Self-defense right explicitly protected.]
|
Count
Founder's Club Member
| Joined: | Fri Mar 9th, 2007 |
| Location: | |
| Posts: | 299 |
| Status: |
Offline
|
|
Posted: Mon Dec 14th, 2009 04:18 pm |
|
| So, if you go to a grocery store that sells alcohol then you cannot open carry.... You cannot open carry in a gas station. NM website mistakenly posted you cannot carry in government building which the head investigator from the State Police confirmed it is wrong and wrote me he cannot find anything in the law prohibiting that. But anyway, what's left? No restaurant open carry except McDonalds or other non-alchohol joints? No indian reservations. No State Parks. Open carry up and down the street?
|
para_org
Regular Member
| Joined: | Fri May 11th, 2007 |
| Location: | |
| Posts: | 391 |
| Status: |
Offline
|
|
Posted: Mon Dec 14th, 2009 04:31 pm |
|
Um... where is the gas station thing ? i.e. There is no prohibition I am aware of concerning gas stations.
|
Decoligny
Regular Member
|
Posted: Mon Dec 14th, 2009 04:50 pm |
|
para_org wrote: Um... where is the gas station thing ? i.e. There is no prohibition I am aware of concerning gas stations.
In NM most of the gas stations have "Ice Cold Beer" for sale (not on site consumption).
That makes it illegal to carry INSIDE most of the gas stations. Doesn't mean you can't fill up by swiping your plastic at the pump.
|
para_org
Regular Member
| Joined: | Fri May 11th, 2007 |
| Location: | |
| Posts: | 391 |
| Status: |
Offline
|
|
Posted: Mon Dec 14th, 2009 04:52 pm |
|
Yes exactly as I understand it... so it is NOT the gas station but the food-mart that sells packaged liq.
Since I gas-up with a swipe, it doesn't matter that the food mart is attached.
Last edited on Mon Dec 14th, 2009 04:53 pm by para_org
|
Grapeshot
Founder's Club Member
|
Posted: Tue Dec 15th, 2009 04:50 pm |
|
Haroon wrote: I thought you could carry in places that sell alcohol, just has to be open not concealed? Or was that VA...
That is the case in Virginia.
Yata hey
|
Count
Founder's Club Member
| Joined: | Fri Mar 9th, 2007 |
| Location: | |
| Posts: | 299 |
| Status: |
Offline
|
|
Posted: Wed Dec 16th, 2009 02:48 am |
|
| Don't most of your gas stations sell liqour?
|
para_org
Regular Member
| Joined: | Fri May 11th, 2007 |
| Location: | |
| Posts: | 391 |
| Status: |
Offline
|
|
Posted: Wed Dec 16th, 2009 03:02 am |
|
Does that matter if you swipe ?
|
Count
Founder's Club Member
| Joined: | Fri Mar 9th, 2007 |
| Location: | |
| Posts: | 299 |
| Status: |
Offline
|
|
Posted: Wed Dec 16th, 2009 04:55 pm |
|
| All I am saying is that if you don't go in the building, just standing around the car what is the point of open carrying? Just leave your gun laying on your seat... it's more comfortable and you don't think you are really open carrrying when all you're doing is standing near your car with a gun on your hip.... It is so restrictive in NM... You need to stop allowing the NRA to help (hehe) with these liqour bills, they even managed to screw up AZ.
|
Sonora Rebel
Regular Member
|
Posted: Wed Dec 16th, 2009 04:59 pm |
|
| I belong to NRA... that said... they're rife with FUDD's. NRA is more about sport than self defense 'cause that's where the advertising money is. Beside... much of it's membership would NEVER carry a gun in public. What would the neighbors say?
|
Current time is 03:59 pm | Page:   1 2 3 4   |
|
