New Mexico gun laws: a plain-English guide for buyers

New Mexico sits in the middle of the pack on gun laws. There is no permit to purchase, no registration and no limit on magazines, but the state requires a background check on nearly every sale and, since 2024, a seven-day waiting period at the dealer. This guide covers buying, carrying and transporting firearms as of September 2026. It is general information, not legal advice; when in doubt, check the statute or ask a New Mexico attorney.

Buying from a licensed dealer

Every firearm you order from us ships to a federally licensed dealer (FFL) that you choose. At the counter you show a valid photo ID, fill out ATF Form 4473 and the dealer runs a federal NICS background check. Federal law sets the dealer minimum age at 18 for rifles and shotguns and 21 for handguns. New Mexico does not require a purchase permit, a firearm owner ID card or registration with any state or local agency.

After the check, New Mexico adds a waiting period. Section 30-7-7.3 NMSA requires seven calendar days between the sale and the transfer of the firearm to the buyer, and the gun must stay with the seller or the dealer the whole time. If the background check is still open after seven days, the dealer must wait for it to finish; if it has not finished in twenty days, the dealer may transfer the gun. The full details, exemptions and court history are in our New Mexico waiting period guide.

Private sales need a background check too

Since July 1, 2019, Section 30-7-7.1 NMSA has made it a misdemeanor to sell a firearm without a federal instant background check. A private seller who is not a dealer must arrange for a licensed dealer to run the check before handing over the gun. The law exempts sales to or between licensed dealers, sales to law enforcement agencies and between certified officers, and sales between immediate family members. The seven-day wait also applies to private sales run through a dealer, with the same exemptions.

What New Mexico does not regulate

New Mexico has no ban on semi-automatic rifles and no limit on magazine capacity. In the 2026 legislative session, Senate Bill 17 would have restricted the sale of many gas-operated semi-automatic firearms and magazines over ten rounds. It passed the Senate but stalled in the House when the session ended in February 2026, so it did not become law. Bills like it may return in a future session, so watch for news before you buy.

Open carry and vehicles

Openly carrying a loaded handgun is legal in New Mexico for adults who may lawfully possess a firearm; no license is required. You may also keep a loaded firearm in your own private vehicle for lawful protection of yourself or your property. What requires a license is carrying a loaded handgun concealed on foot outside your home or property. Long guns may be carried openly, and hunters carry them in the field every season.

Concealed carry

The concealed handgun license is issued statewide by the New Mexico Department of Public Safety, not by the county sheriff. Applicants must be 21, a New Mexico resident or a service member stationed in the state, and must complete an approved course of at least 15 hours. The license costs $100 and lasts four years. See the New Mexico concealed carry guide for the full process. A license also exempts you from the seven-day waiting period.

Places where carry is restricted

Schools and preschools: carrying a deadly weapon on school premises is a crime under Section 30-7-2.1 NMSA, with narrow exceptions, and license holders may not carry in preschools.
Universities: carry on university premises is prohibited except as the law allows.
Bars and restaurants that serve alcohol: carrying in a licensed liquor establishment is restricted, and license holders may not drink while carrying.
Courthouses: a concealed handgun license is not valid in a courthouse or court facility unless the presiding judge allows it.
Tribal land: a state license is not valid on tribal land unless the tribal government authorizes it. Many Albuquerque-area roads cross pueblo land, so know where the boundaries are.
Polling places: since 2024 state law bars most people from carrying a firearm within 100 feet of a polling place during voting; license holders and a few others are exempt.
Posted private property: license holders may not carry concealed where the owner posts a sign or tells them not to.

Young people and safe storage

Section 30-7-2.2 NMSA makes it a misdemeanor for a person under 19 to possess a handgun, except during a hunter or firearm safety course, target shooting at an authorized range, organized competition, legal hunting or trapping, and a few other listed activities. The Bennie Hargrove Gun Safety Act of 2023 made it a crime to negligently leave a firearm where a minor can get it and use it. A quality safe or lock box is the simplest way to stay on the right side of that law.

Extreme risk protection orders

New Mexico's Extreme Risk Firearm Protection Order Act, first passed in 2020 and amended in 2025, lets a court order a person to give up firearms for a period of time if a judge finds they pose a significant danger. Anyone under such an order cannot buy or possess a firearm while it lasts.

Transporting firearms

Within New Mexico you may carry a loaded firearm in your own vehicle. When you travel through other states, the federal safe-passage law protects transport only when the firearm is unloaded and locked out of reach, such as in the trunk. Check the rules at your destination before you leave, especially if you drive into Colorado or fly out of Albuquerque.

Local rules in Albuquerque and elsewhere

Article II, Section 6 of the New Mexico Constitution bars cities and counties from regulating an incident of the right to keep and bear arms, so purchase rules are the same everywhere in the state. Cities can still set rules for their own buildings, parks and events. Our Albuquerque gun buying guide covers city property rules and the 2023 public health order history.

Hunting

Hunting firearms are regulated by the New Mexico Department of Wildlife rather than the criminal code. Any centerfire firearm .22 caliber or larger is legal for big game, but full metal jacket and tracer bullets are not. Read our elk and deer rifle guide for the draw and cartridge advice.

Buying online from us

Browse the catalog, pick a dealer near you at checkout, and we ship your firearm there. The dealer runs the check, holds the gun through the waiting period unless you have a license, and hands it over. Ammunition, optics and most parts ship straight to your door. Find local pages in our New Mexico gun shop directory, including Albuquerque, Rio Rancho and Santa Fe.

General information, not legal advice. Current as of September 2026. Laws change; check the official source before you act.