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OpenCarry.org - Discussion Forum > Stories From The States > New Mexico > To the Guy at Wal-Mart today
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| OpenCarry.org - Discussion Forum > Stories From The States > New Mexico > To the Guy at Wal-Mart today
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| Moderated by: jpierce | ||
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gunscribe Regular Member
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If you are a member of this board. I tried to discreetly inform you that open carry in an establishment that sells alcohol for off premises consumption is still a felony. You were however rudely insistant that it was legal as you had read it some where on the internet. If you get busted you will accomplish several things; 1) Loss of your firearm 2) have to pay a hefty fine and face incarceration 3) Lose your Right to own firearms due to a felony conviction 4) Give Open Carry a black eye. I tried to educate you in a soft, professional manner out of earshot of the customers around us, but you would have none of it and rudely dismissed me as though I did not know what I was talking about. If you want to ruin your life with a felony because your too hard headed to listen then go ahead be my guest, but know when you do you are making all the rest of us look bad. Lastly when you are arrested for felony carry of a firearm in a prohibeted establishment don't come posting to this board for sympathy. |
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American Rattlesnake Regular Member 
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Could you please provide a citation for your assertion of the law? Good job being polite and professional. It is better to talk to people than have a shouting match, even if they are not interested in the truth. The consequences are on their own head. Best regards... |
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gunscribe Regular Member
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Quite a discussion on the subject along with references in this thread; http://opencarry.mywowbb.com/forum39/17952.html |
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American Rattlesnake Regular Member
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Just to recap for everyone's educational benefit: "New Mexico Statutes Annotated (NMSA) 30-7-3 states: "Unlawful carrying of a firearm in licensed liquor establishments. A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except: (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;" The only question, then, is whether a WalMart is a "licensed establishment." |
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gunscribe Regular Member
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Wal-Mart is most definately a licensed establishment that sells beer, wine and liquor for off premises consumption. If there is any further doubt as to what the law is in NM one only needs to read the following thread. There is much commentary by one of the individuals that wrote what became the law allowing CONCEALED CARRY in an establishment that sells for OFF SITE consumption. Everyone that has a question about NM Open Carry in places that sell alcohol please read the following; http://opencarry.mywowbb.com/forum39/12195.html Last edited on Tue Dec 9th, 2008 03:36 am by gunscribe |
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SpaceCase Regular Member
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Which Wal Mart was this? -Space |
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MedicOni Regular Member
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I'm curious about which store it was too. The only two WMs you can carry at in ABQ are the Academy store and the San Mateo store |
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gunscribe Regular Member
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MedicOni wrote: I'm curious about which store it was too. The only two WMs you can carry at in ABQ are the Academy store and the San Mateo storeTo answer the question; Alamogordo. To ask a question; Why only those two in ABQ? |
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MedicOni Regular Member
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Because they are the only two WMs that don't sell Alcohol... at least the only two that I know of. I have yet to go in all of the ones here in town  |
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Paladin_Havegun_Willtravel Regular Member 
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Is this what the guy looked like? |
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gunscribe Regular Member
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MedicOni wrote: Because they are the only two WMs that don't sell Alcohol... at least the only two that I know of. I have yet to go in all of the ones here in townMedic, I suspected that would be your answer. I lived in ABQ prior to CCW and not familiar with which WMs that sell for off site consumption. I guess I figured they all did in ABQ. Out of deference to my Mom I always CCW when in ABQ. She has no problem with firearms and has discussed getting her CCW, but she is not a fan of open carry so respecting that I keep it covered when we are out and about. No Paladin nothing like that. Guy was not a Public Official, nor did he appear to be a wannbe. Off brand semi-auto in a Hunter type leather belt holster sagging kinda low on right hip. |
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mserr Regular Member
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Good job gunscribe, too bad 90% of gun owners are too hard headed like you said and always think YOU'RE the one who's wrong. I used to politely try to give people good advice when I saw something like that, but I'd always get my head bitten off. I just learned to keep my yap shut unless its a friend or family member or something. Someone's just trying to help you out and save you a big headache and you're the idiot who doesn't know the law.  |
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suzannesman Regular Member
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The key word in that code is dispense. In the ABC code dispense means to make ready for consumption, such as a bartender would do. |
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gunscribe Regular Member
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Dang this is getting old; suzannesman wrote: The key word in that code is dispense. In the ABC code dispense means to make ready for consumption, such as a bartender would do. Even though this topic has been beat to death in about a half a dozen different posts in the last 2 -3 months here it is again; "30-7-3. UNLAWFUL CARRYING OF A FIREARM IN LICENSED LIQUOR ESTABLISHMENTS.-- A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except: Okay Kiddies that means there are no firearms allowed in any place that sells alcohol PERIOD. In New Mexico law DISPENSE means TO SELL. New Mexico law makes the following distinctions; 1. Dispense for off site consumption (That would be Allsups, Circle K, Wal-mart etc..) 2. Dispense for on site consumption (Applebees, Chili's etc..) Now for the exception; "30-7-3. Paragraph A. sub paragraph (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; provided that the licensed establishment does not sell alcoholic beverages for consumption on the premises; The bottom line is; You CAN NOT openly carry a firearm in any place that is licensed to DISPENSE/SELL alcohol. Do you understand that? You can NOT carry a gun openly in any Wal-mart that sells alcohol. You can NOT carry a gun openly in any convenience store that sells alcohol by the case, six pack or bottle even if that sale is for off site consumption PERIOD. In New Mexico you can only carry a concealed firearm in a place that sells/dispenses alcohol for off site consumption if the gun is concealed AND you have a valid permit for the gun you are carrying. I Triple DOG DARE you If you NON New Mexicans that keep insisting that we (gunscribe, snoball, and gpshrader) don't know what the hell we are talking about then haul your ass down here to the "Land of Enchantment" and start parading your happy know-it-all asses in and out of a number of places that dispense alcohol for off site consumption with your pistol openly displayed on your hip. Since you insist that we don't have a clue what we're talking about all I have to say is; PUT UP OR SHUT UP Let us know when you plan on doing this so we can watch you get jacked up, have your gun confiscated never to be returned and hauled off to jail. We will be glad to attend your sentencing hearing too. You know the one where you, after being found guilty of a 4th degree felony, will be sentenced to at least (non-negotiable) mandatory one year in prison. |
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fxdwngflyr Regular Member 
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it says you are from nebraska, WTF? Calm down, if they dont get it then they might when they get rolled up. You look like an ass with this last post. |
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gunscribe Regular Member
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fxdwngflyr wrote: it says you are from nebraska, WTF? To answer the question; http://opencarry.mywowbb.com/forum39/17208.html A bit of time spent perusing the NM Forum would have gleaned the answer to that question. Now onto your assertion about looking like an ass. Well all I can say is another "Surf by Poster" heard from. Consider that five of the first SIX (including this one) topics in the New Mexico Forum address this topic; http://opencarry.mywowbb.com/forum39/12624.html http://opencarry.mywowbb.com/forum39/3584.html http://opencarry.mywowbb.com/forum39/17952.html http://opencarry.mywowbb.com/forum39/18269.html Now for posts on the rest of the two pages of the New Mexico forum that address OC/CC in places that sell alcohol; http://opencarry.mywowbb.com/forum39/16323.html http://opencarry.mywowbb.com/forum39/12195.html http://opencarry.mywowbb.com/forum39/11175.html http://opencarry.mywowbb.com/forum39/10148.html http://opencarry.mywowbb.com/forum39/14493.html http://opencarry.mywowbb.com/forum39/14189.html http://opencarry.mywowbb.com/forum39/11176.html http://opencarry.mywowbb.com/forum39/489.html http://opencarry.mywowbb.com/forum39/10841.html http://opencarry.mywowbb.com/forum39/10087.html http://opencarry.mywowbb.com/forum39/9907.html http://opencarry.mywowbb.com/forum39/5918.html http://opencarry.mywowbb.com/forum39/8422.html http://opencarry.mywowbb.com/forum39/1138.html http://opencarry.mywowbb.com/forum39/3792.html http://opencarry.mywowbb.com/forum39/413.html The point is that nearly 1 in 3 posts for New Mexico address this topic ad infinitem. The horse was declared dead two years ago, but every time the subject comes up some Non New Mexican "Surf by Poster" that is too lazy to research the subject or is just all swelled up with themselves posts words to the effect; I call BS, the way I read it or some web site some where says etc... So since I am too lazy or too good to research the NM forum you have to prove what your saying in every single post by posting links to the appropriate statute that I won't believe anyway because I know more than any of you CERTIFIED FIREARMS INSTRUCTORS in New Mexico. The fact is that every time one of us that actually knows what is going on with NM OC/CC statutes posts the truth some poster some, instead of researching the NM Forums wants us to spoon feed it to them. The funny thing is even when we do post links to the actual statute they will still argue that we are wrong. Don't believe that? Spend some time reading the NM forum. I am getting tired on Non New Mexicans thinking we are too stupid to understand our own laws and that those self appointed enlightened ones in other states know oh so much more than we do. Advice to any one that wants a citation for source the next time you are too lazy to do more than a quick check of outdated internet information; READ THE NEW MEXICO FORUM BEFORE SURF BY POSTING The information is all there complete with citations to the applicable law. |
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Chip Maker Regular Member
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Gunscribe is correct. I just moved here from Florida, and I made sure that I knew what the laws were here. I looked it up at the NM DPS website. Last edited on Tue Jun 2nd, 2009 11:09 pm by Chip Maker |
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NavyLT Regular Member
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Here I am, from Washington to save the day.... da da da! How about this... http://164.64.87.25/MyLicenseVerification/Search.aspx?facility=Y Put Wal-Mart in the "facility name" block and hit search. There are 25 Wal-Marts in the state of NM that have active Liquor Dispensing Licenses. So, me being a dumb-a$$ from Washington state would suggest that open carry in any of the Wal-Marts not licensed to dispense liquor would be legal. There are more Walgreen's Stores licensed to dispense liquor than Wal-Marts in New Mexico. Last edited on Wed Jun 3rd, 2009 02:31 am by NavyLT |
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Jizzzle Regular Member 
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just wanted to point out. allsups doesn't sell alchohol at least none i've ever been to.. that's why i buy my gas from them, cause i can OC. Last edited on Wed Jun 3rd, 2009 10:28 pm by Jizzzle |
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gunsfreak4791 Regular Member
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Okay just a question so please don't don't assume I am trying to challenge the law. So here goes By Having a CCW Permit you are allowed to carry a firearm in a establishment that Sells Beer for offsite consumption. Now since the permit allows you to carry your loaded firearm into these places as a permit holder does it make a difference if the firearm is openly displayed or concealed. I looked through the law and no where if you have a ccw does it say the firearm must remain concealed at all times. I hope that we can clear up this question by showing me where it says it must remain concealed aty all times in these places. Thanks for your patients Zach |
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Jizzzle Regular Member
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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 Regular Member
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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 Regular Member
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I only see Concealed Firearm permit not Firearm must be concealed |
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NavyLT Regular Member
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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 Regular Member
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NavyLT wrote: 1. The statute above clearly states "by a person carrying a CONCEALED handgun"!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 Regular Member
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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 Regular Member
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Jizzzle wrote: is there a statute preventing carry within a certain distance of schools?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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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 Regular Member
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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 Regular Member
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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 Opt-Out Member
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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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