New Mexico Statewide Rule
New Mexico Limited Firearms Preemption Statute
Key Facts
- Preemption source
- NM Constitution, art. II, sec. 6
- Scope
- Bars local regulation 'in any way'
- Concealed carry
- Reserved to state law
- Local exception
- Sport-range siting since 2002
Summary
New Mexico firearms preemption is constitutional, not statutory. Article II, Section 6 of the state constitution bars any municipality or county from regulating 'in any way' an incident of the right to keep and bear arms, voiding most conflicting local gun ordinances. Local sport-shooting-range siting is a narrow exception.
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. (As amended November 2, 1971 and November 2, 1986.)
Full Breakdown
New Mexico's preemption of local firearms regulation comes from the state constitution, not a statute. Article II, Section 6, amended in 1986, provides that 'no municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.' Courts read this broadly to preclude piecemeal local gun ordinances and to ensure statewide uniformity, so a city or county generally cannot impose its own carry, possession, or sales restrictions on lawful gun owners. The same section reserves regulation of concealed carry to state law. A 2002 amendment lets local governments regulate the location and construction of sport shooting ranges.
Violations & Penalties
Local ordinances that regulate an incident of the right to keep and bear arms are void under Article II, Section 6 and may be enjoined or invalidated by the courts.
Frequently Asked Questions
Does New Mexico have a firearms preemption law?
Can New Mexico localities ban firearm sales?
Sources
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