New Mexico Gun Laws
Shall-issue concealed carry. No magazine limit. 7-day waiting period. Castle doctrine and stand your ground. Red flag law.
Last reviewed against official sources on 2026-09-25. Official state source.
New Mexico requires a shall-issue permit for concealed carry. The state recognizes both castle doctrine and stand your ground. New Mexico has a red flag law and, since 2024, a 7-day waiting period for firearm purchases (a federal court has blocked it only for the two plaintiffs who sued; it still applies to everyone else). No magazine limits or assault weapon bans exist at the state level.
Key facts
- Concealed Carry: Shall-issue permit required (NMSA § 29-19-4)
- Open Carry: Permitted without a permit
- Permit to Purchase: Not required
- Assault Weapon Ban: No ban
- Magazine Limit: No limit
- Waiting Period: 7 days (CHL holders exempt; enjoined only for two litigants) (NMSA § 30-7-7.3)
- Universal Background Check: Required for all sales and transfers
- Red Flag Law (ERPO): Yes — Extreme Risk Firearm Protection Order (NMSA § 40-17-1 et seq.)
- Castle Doctrine: Yes (N.M. Uniform Jury Instruction 14-5171 (Justifiable Homicide; Self Defense))
- Stand Your Ground: Yes (N.M. Uniform Jury Instruction 14-5171 (Justifiable Homicide; Self Defense))
- Concealed Carry Reciprocity: Honors permits from a specific list of about 20 states (see FAQ)
Frequently asked questions
Do I need a permit to carry concealed in New Mexico?
Yes. New Mexico requires a shall-issue concealed handgun license. Open carry is generally allowed without a permit.
Does New Mexico require background checks for private sales?
Yes. New Mexico requires universal background checks for all firearm sales and transfers, including private sales.
Does New Mexico have a waiting period?
Yes. New Mexico has required a 7-day waiting period for firearm purchases since 2024 (concealed handgun license holders are exempt). After a 2025 appeals ruling, a federal court in August 2026 blocked it only for the two plaintiffs who sued; it remains in effect for all other buyers.
Does New Mexico have a red flag law?
Yes. New Mexico has an Extreme Risk Firearm Protection Order law allowing law enforcement to petition for temporary firearm removal.
Are there magazine limits in New Mexico?
No. New Mexico does not restrict magazine capacity at the state level.
Which states' concealed carry permits does New Mexico honor?
New Mexico recognizes permits from about 20 states, including Arizona, Arkansas, Colorado, Delaware, Florida, Kansas, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Virginia, and Wyoming — but not from many others, including neighboring Utah, as well as California. Verify the current list before carrying here on an out-of-state permit.
Not legal advice. Laws change; verify with official sources.