PERMITLESS CARRY OF FIREARMS

HB0081

HOUSE BILL 81

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

John Block
and
Stefani Lord
and
Randall T. Pettigrew

AN ACT

RELATING TO FIREARMS; PROVIDING FOR THE PERMITLESS CARRY OF
FIREARMS BY ADULTS; AMENDING THE DEFINITION OF "DEADLY WEAPON"
TO EXCLUDE FIREARMS; REPEALING SECTIONS 30-7-2.2 THROUGH 30-7-3
NMSA 1978 (BEING LAWS 1994, CHAPTER 22, SECTIONS 2 AND 3, LAWS
2003, CHAPTER 253, SECTION 1 AND LAWS 1975, CHAPTER 149,
SECTION 1, AS AMENDED).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] PERMITLESS CARRY OF A FIREARM.--

A. A person who is eighteen years of age or older
and is not prohibited by federal or state law or a court order
from possessing or carrying a firearm may carry a loaded
firearm on the person's own person. The carrying of the
firearm may be concealed or open.

B. Nothing in this section shall be construed to
prevent the carrying of an unloaded firearm."

SECTION 2.
Section 30-1-12 NMSA 1978 (being Laws 1963,
Chapter 303, Section 1-13) is amended to read:

"30-1-12. DEFINITIONS.--As used in the Criminal Code:

A. "great bodily harm" means an injury to the
person [
which
]
that
creates a high probability of death, [
or
which
] causes serious disfigurement or [
which
] results in
permanent or protracted loss or impairment of the function of
any member or organ of the body;

B. "deadly weapon" means [
any firearm, whether
loaded or unloaded; or
] any weapon, [
which
]
not including a
firearm, that
is capable of producing death or great bodily
harm, including but not restricted to any types of daggers,
brass knuckles, switchblade knives, bowie knives, poniards,
butcher knives, dirk knives and all such weapons with which
dangerous cuts can be given or with which dangerous thrusts can
be inflicted, including swordcanes, [
and
] any kind of sharp
pointed canes, [
also
] slingshots, slung shots
and
bludgeons; or
any other weapons with which dangerous wounds can be inflicted;

C. "peace officer" means any public official or
public officer vested by law with a duty to maintain public
order or to make arrests for crime, whether that duty extends
to all crimes or is limited to specific crimes;

D. "another" or "other" means any other human being
or legal entity, whether incorporated or unincorporated,
including the United States, the state [
of New Mexico
] or any
subdivision [
thereof
]
of the state
;

E. "person" means any human being or legal entity,
whether incorporated or unincorporated, including the United
States, the state [
of New Mexico
] or any subdivision [
thereof
]

of the state
;

F. "anything of value" means any conceivable thing
of the slightest value, tangible or intangible, movable or
immovable, corporeal or incorporeal, public or private. The
term is not necessarily synonymous with the traditional legal
term "property";

G. "official proceeding" means a proceeding heard
before any legislative, judicial, administrative or other
governmental agency or official authorized to hear evidence
under oath, including any referee, hearing examiner,
commissioner, notary or other person taking testimony or
depositions in any proceeding;

H. "lawful custody or confinement" means the
holding of any person pursuant to lawful authority, including
without limitation actual or constructive custody of prisoners
temporarily outside a penal institution, reformatory, jail,
prison farm or ranch;

I. "public officer" means any elected or appointed
officer of the state or any of its political subdivisions,
[
and
] whether or not [
he
]
the officer
receives remuneration for
[
his
] services; and

J. "public employee" means any person receiving
remuneration for regular services rendered to the state or any
of its political subdivisions."

SECTION 3.
Section 30-7-1 NMSA 1978 (being Laws 1963,
Chapter 303, Section 7-1) is amended to read:

"30-7-1. CARRYING A DEADLY WEAPON.--"Carrying a deadly
weapon" means being armed with a deadly weapon,
not including a
firearm
, by having it on the person or in close proximity
[
thereto
]
to the person
so that the weapon is readily
accessible for use."

SECTION 4.
Section 30-7-2 NMSA 1978 (being Laws 1963,
Chapter 303, Section 7-2, as amended) is amended to read:

"30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--

A. Unlawful carrying of a deadly weapon consists of
carrying a [
concealed loaded firearm or any other type of
]
deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real
property belonging to [
him
]
the person
as owner, lessee, tenant
or licensee;

(2) in a private automobile or other private
means of conveyance, for lawful protection of the person's or
another's person or property;

(3) by a peace officer in accordance with the
policies of [
his
]
the peace officer's
law enforcement agency
who is certified pursuant to the Law Enforcement Training Act;

(4) by a peace officer in accordance with the
policies of [
his
]
the peace officer's
law enforcement agency
who is employed on a temporary basis by that agency and who has
successfully completed a course of firearms instruction
prescribed by the New Mexico law enforcement academy or
provided by a certified firearms instructor who is employed on
a permanent basis by a law enforcement agency; or

(5) by a person in possession of a valid
concealed handgun license issued to [
him
]
the person
by the
department of public safety pursuant to the provisions of the
Concealed Handgun Carry Act.

B. Nothing in this section shall be construed to
prevent the carrying of any unloaded firearm.

C. Whoever commits unlawful carrying of a deadly
weapon is guilty of a petty misdemeanor."

SECTION 5.
Section 30-7-13 NMSA 1978 (being Laws 1979,
Chapter 376, Section 4) is amended to read:

"30-7-13. CARRYING WEAPONS PROHIBITED.--

A. It is unlawful for any person without prior
approval from the company to board or attempt to board a bus
while in possession of a [
firearm or other
] deadly weapon upon
[
his
]
the person's own
person or effects and readily accessible
to [
him
]
the person
while on the bus. Any person who violates
the provisions of this subsection is guilty of a misdemeanor.

B. Subsection A of this section does not apply to
duly elected or appointed law enforcement officers or
commercial security personnel in the lawful discharge of their
duties."

SECTION 6.
REPEAL.--Sections 30-7-2.2 through 30-7-3 NMSA
1978 (being Laws 1994, Chapter 22, Sections 2 and 3, Laws 2003,
Chapter 253, Section 1 and Laws 1975, Chapter 149, Section 1,
as amended) are repealed.

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