N.M. Admin. Code § 10.8.2.16

Current through Register Vol. 35, No. 23, December 10, 2024

Section 10.8.2.16 - TERMS AND CONDITIONS OF LICENSE

A.Carrying only handguns listed on license. No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. A licensee shall only carry one concealed handgun at any given time.

B.Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.

C.Carrying while impaired. No person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.

D.Display of license on demand. A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun.

E.Prohibited acts. A licensee shall not deface, alter, mutilate, reproduce, lend, transfer, or sell a license. A licensee shall adhere to Section 30-7-4 NMSA 1978 as it pertains to negligent use of a deadly weapon.

F.Carrying prohibited on private property. In addition to other limitations stated in the act, a licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.

G.Carrying prohibited in preschools. No licensee shall carry a concealed handgun on the premises of a preschool that provides care to infants, toddlers, and children aged five and younger, which includes child care facilities, home-based or center-based, and whether or not the facility is licensed, registered, or regulated.

H.Schools. Carrying of a deadly weapon on school premises is prohibited except as allowed by the law.

I.University. Carrying of a firearm on university premises is prohibited except as allowed by the law.

J.Liquor establishments. Carrying of a firearm in an establishment licensed to dispense alcoholic beverages is prohibited except as allowed by the law.

K.Indicia of licensure. Only a law enforcement officer may carry a badge, patch, card, or any other indication of authority to carry a concealed handgun in New Mexico other than the license issued by the department or a license issued by a state that has been accepted by reciprocity by New Mexico pursuant to the act.

L.Notice of change in circumstances. A licensee shall, within 10 days, both notify the department in writing and return the license to it within 10 days upon the occurrence of any of the following:

(1) adjudication of mental incompetence has been entered or issued against the licensee;

(2) the licensee has been committed to a facility for the treatment of mental illness;

(3) the licensee has been committed to a facility for treatment of addiction to alcohol, controlled substances, or other drugs;

(4) an order of protection has been issued by a court against the licensee;

(5) an indictment for or charge with a felony or a disqualifying misdemeanor offense described in Subsection (B) of Section 29-19-4 NMSA 1978 has been issued against the licensee;

(6) is no longer a full time salaried law enforcement officer; or

(7) the licensee is other than honorably discharged from the military.

N.M. Admin. Code § 10.8.2.16

10.8.2.16 NMAC - N, 11-26-03; A, 11-30-05; A, 5-14-10, Adopted by New Mexico Register, Volume XXVII, Issue 22, November 30, 2016, eff. 11/30/2016