Gun Crimes And The Second Amendment

If you are charged with a gun crime, you might ask, "Doesn't the Second Amendment give me the right to own a gun?"

The answer is: yes and no.

In general, the right to bear arms is supported by the Second Amendment to the United States Constitution. State and federal courts have supported this right, although they do allow certain kinds of restrictions and limitations to owning, carrying and using a firearm.

Restrictions On Owning A Firearm In New Mexico

  • Convicted felons cannot own or possess a firearm or ammunition.
  • If you are a convicted felon and you are caught with a firearm, you can be charged with another felony under both New Mexico and federal law. This is the most common charge in New Mexico regarding firearms.

Restrictions On Where You Can Take A Firearm In New Mexico

  • It is generally illegal to carry a firearm on the grounds of a school or a university.
  • It is generally illegal to carry a firearm in a licensed liquor establishment such as a bar.
  • It is a crime to carry a concealed loaded firearm or any other type of deadly weapon in most places, with some exceptions such as:
    • Law enforcement personnel

    • A person who has obtained a license to carry a concealed weapon

    • Private residences

    • Private automobiles

Restrictions On What You Can Do With A Firearm In New Mexico

It is a crime in New Mexico to:

  • Carry a firearm while under the influence of an intoxicant or narcotic

  • Endanger the safety of someone else by handling or using a firearm or other deadly weapon negligently

  • Discharge a firearm within 150 yards of a dwelling or building without the permission of the owner or the lessee of the building

    • Excluding abandoned or vacated buildings on public lands during hunting season

There are limited circumstances in which some of the firearms crimes listed above do not apply. For more details about a specific situation, consult an attorney licensed in New Mexico.

The lawyers at McGraw & Strickland, LLC, in Las Cruces can advise you on gun laws. Call us at 575-567-3107 or contact us online for information.