NEW MEXICO
CONCEALED HANDGUN CARRY
ACT OF 2003
WITH RULES AND REGULATIONS
AS AMENDED IN 2005, 2010, 2015, and 2016
APPLICATION INCLUDED
ISSUED BY
New Mexico Department of Public Safety
Law Enforcement Records Bureau
Concealed Carry Unit
6301 Indian School Road NE Suite 310
Albuquerque, NM 87110
https://www.dps.nm.gov/top-links-for-nm-
residents/concealed-carry-licenses
NMCC.Questions@dps.nm.gov
(505)841-8053
Effective 5/1/2023
29-19-1
29-19-3
1
New Mexico Concealed Handgun Carry Act
NEW MEXICO CONCEALED
HANDGUN CARRY ACT OF
2003 CHAPTER 29
Law Enforcement
ARTICLE 19
Concealed Handgun Carry
Sec.
29-19-1. Short title.
29-19-2. Definitions.
29-19-3. Date of licensure; period of
licensure.
29-19-4. Applicant qualifications.
29-19-5. Application form; screening of
applicants; fee; limitations on
liability.
29-19-6. Department response to
application; right to appeal;
license renewal; suspension or
revocation of license.
Sec.
29-19-7. Demonstration of ability and
knowledge; course requirement;
proprietary interest; exemptions.
29-19-8. Limitation on license.
29-19-9. Possession of license.
29-19-10. Validity of license on tribal land.
29-19-11. Validity of license in a courthouse
or court facility.
29-19-12. Rules; department to administer.
29-19-13. Fund created.
29-19-14. Current and retired law
enforcement officers.
29-19-1. Short title.
Chapter 29, Article 19 NMSA 1978 may be cited as the “Concealed Handgun Carry Act”.
29-19-2. Definitions.
As used in the Concealed Handgun Carry Act [29-19-1 NMSA 1978]:
A.
“applicant” means a person seeking a license to carry a concealed handgun;
B.
“caliber” means the diameter of the bore of a handgun;
C.
“category” means whether a handgun is semiautomatic or not semiautomatic;
D.
“concealed handgun” means a loaded handgun that is not visible to the ordinary observations
of a reasonable person;
E.
“department” means the department of public safety;
F.
“handgun” means a firearm that will, is designed to or may readily be converted to expel a
projectile by the action of an explosion and the barrel length of which, not including a
revolving, detachable or magazine breech, does not exceed twelve inches; and
G.
“licensee” means a person holding a valid concealed handgun license issued to him by the
department.
(History: Laws 2003, ch. 255, § 2.)
29-19-3. Date of licensure; period of licensure.
Effective January 1, 2004, the department is authorized to issue concealed handgun licenses to
qualified applicants. Original and renewed concealed handgun licenses shall be valid for a
period of four years from the date of issuance, unless the license is suspended or revoked.
(History: Laws 2003, ch. 255, § 3; 2005, ch. 242, § 2.)
(History: Laws 2003, ch. 255, § 1; 2005, ch. 242, § 1.)
29-19-4
New Mexico Concealed Handgun Carry Act
29-19-5
2
29-19-4. Applicant qualifications.
A.
The department shall issue a concealed handgun license to an applicant who:
(1)
is a citizen of the United States;
(2)
is a resident of New Mexico or is a member of the armed forces whose
permanent duty station is located in New Mexico or is a dependent of such a
member;
(3)
is twenty-one years of age or older;
(4)
is not a fugitive from justice;
(5)
has not been convicted of a felony in New Mexico or any other state or pursuant to the
laws of the United States or any other jurisdiction;
(6)
is not currently under indictment for a felony criminal offense in New Mexico or
any other state or pursuant to the laws of the United States or any other
jurisdiction;
(7)
is not otherwise prohibited by federal law or the law of any other jurisdiction from
purchasing or possessing a firearm;
(8)
has not been adjudicated mentally incompetent or committed to a mental institution;
(9)
is not addicted to alcohol or controlled substances; and
(10)
has satisfactorily completed a firearms training course approved by the department
for the category and the largest caliber of handgun that the applicant wants to be
licensed to carry as a concealed handgun.
B.
The department shall deny a concealed handgun license to an applicant who has:
(1)
received a conditional discharge, a diversion or a deferment or has been convicted
of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense
involving a crime of violence within ten years immediately preceding the application;
(2)
been convicted of a misdemeanor offense involving driving while under the
influence of intoxicating liquor or drugs within five years immediately preceding the
application for a concealed handgun license;
(3)
been convicted of a misdemeanor offense involving the possession or abuse of a
controlled substance within ten years immediately preceding the application; or
(4)
been convicted of a misdemeanor offense involving assault, battery or battery
against a household member.
C.
Firearms training course instructors who are approved by the department shall not be
required to complete a firearms training course pursuant to Paragraph (10) of
Subsection A of this section.
(History: Laws 2003, ch. 255, § 4; 2005, ch. 242, § 3.)
29-19-5. Application form; screening of applicants; fee; limitations on liability.
A.
Effective July 1, 2003, applications for concealed handgun licenses shall be made readily
available at locations designated by the department. Applications for concealed handgun
licenses shall be completed, under penalty of perjury, on a form designed and provided by
the department and shall include:
(1)
the applicant’s name, current address, date of birth, place of birth, social security
number, height, weight, gender, hair color, eye color and driver’s license number or
other state-issued identification number;
(2)
a statement that the applicant is aware of, understands and is in compliance with
the requirements for licensure set forth in the Concealed Handgun Carry Act [29-
19-1 NMSA 1978];
(3)
a statement that the applicant has been furnished a copy of the Concealed
Handgun Carry Act [29-19-1 NMSA 1978] and is knowledgeable of its
provisions; and
(4)
a conspicuous warning that the application form is executed under penalty of perjury
and that a materially false answer or the submission of a materially false document
to the department may result in denial or revocation of a concealed handgun license
and may subject the applicant to criminal prosecution for perjury as provided in
Section 30-25-1 NMSA 1978.
B.
The applicant shall submit to the department:
(1)
a completed application form;
29-19-5
New Mexico Concealed Handgun Carry Act
29-19-6
3
(2)
a nonrefundable application fee in an amount not to exceed one hundred dollars
($100);
(3)
two full sets of fingerprints;
(4)
a certified copy of a certificate of completion for a firearms training course approved by
the department;
(5)
two color photographs of the applicant;
(6)
a certified copy of a birth certificate or proof of United States citizenship, if
the applicant was not born in the United States; and
(7)
proof of residency in New Mexico.
C.
A law enforcement agency may fingerprint an applicant and may charge a reasonable fee.
D.
Upon receipt of the items listed in Subsection B of this section, the department shall make
a reasonable effort to determine if an applicant is qualified to receive a concealed handgun
license. The department shall conduct an appropriate check of available records and shall
forward the applicant’s fingerprints to the federal bureau of investigation for a national
criminal background check. The department shall comply with the license-issuing
requirements set forth in Section 29-19-7 NMSA 1978. However, the department shall
suspend or revoke a license if the department receives information that would disqualify
an applicant from receiving a concealed handgun license after the thirty-day time period
has elapsed.
E.
A state or local government agency shall comply with a request from the department
pursuant to the Concealed Handgun Carry Act [29-19-1 NMSA 1978] within thirty days of
the request.
(History: Laws 2003, ch. 255, § 5; 2005, ch. 242, § 4.)
29-19-6. Appeal; license renewal; refresher firearms training course; suspension or revocation of
license.
A.
Pursuant to rules adopted by the department, the department, within thirty days after
receiving a completed application for a concealed handgun license and the results of a
national criminal background check on the applicant, shall:
(1)
issue a concealed handgun license to an applicant; or
(2)
deny the application on the grounds that the applicant failed to qualify for a concealed
handgun license pursuant to the provisions of the Concealed Handgun Carry Act [29-
19-1 NMSA1978].
B.
Information relating to an applicant or to a licensee received by the department or any
other law enforcement agency is confidential and exempt from public disclosure unless an
order to disclose information is issued by a court of competent jurisdiction. The information
shall be made available by the department to a state or local law enforcement agency
upon request by the agency.
C.
A concealed handgun license issued by the department shall include:
(1)
a color photograph of the licensee;
(2)
the licensee’s name, address and date of birth;
(3)
the expiration date of the concealed handgun license; and
(4)
the category and the largest caliber of handgun that the licensee is licensed to carry,
with a statement that the licensee is licensed to carry smaller caliber handguns but
shall carry only one concealed handgun at any given time.
D.
A licensee shall notify the department within thirty days regarding a change of the
licensee’s name or permanent address. A licensee shall notify the department within ten
days if the licensee’s concealed handgun license is lost, stolen or destroyed.
E.
If a concealed handgun license is lost, stolen or destroyed, the license is invalid, and the
licensee may obtain a duplicate license by furnishing the department a notarized
statement that the original license was lost, stolen or destroyed and paying a reasonable
fee. If the license is lost or stolen, the licensee shall file a police report with a local law
enforcement agency and include the police case number in the notarized statement.
F.
A licensee may renew a concealed handgun license by submitting to the department:
(1)
a completed renewal form, under penalty of perjury, designed and provided by
the department;
(2)
a payment of a seventy-five-dollar ($75.00) renewal fee; and
29-19-6
New Mexico Concealed Handgun Carry Act
29-19-8
4
(3)
a certificate of completion of a four-hour refresher firearms training course approved by
the department.
G.
The department shall conduct a national criminal record check of a licensee seeking to
renew a license. A concealed handgun license shall not be renewed more than sixty days
after it has expired. A licensee who fails to renew a concealed handgun license within sixty
days after it has expired may apply for a new concealed handgun license pursuant to the
provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
H.
A licensee shall complete a two-hour refresher firearms training course two years after the
issuance of an original or renewed license. The refresher course shall be approved by the
department and shall be taken twenty-two to twenty-six months after the issuance of an
original or renewed license. A certificate of completion shall be submitted to the
department no later than thirty days after completion of the course.
I.
The department shall suspend or revoke a concealed handgun license if:
(1)
the licensee provided the department with false information on the application
form or renewal form for a concealed handgun license;
(2)
the licensee did not satisfy the criteria for issuance of a concealed handgun
license at the time the license was issued; or
(3)
subsequent to receiving a concealed handgun license, the licensee violated a
provision of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
(History: Laws 2003, ch. 255, § 6; 2005, ch. 242, § 5.)
29-19-7. Demonstration of ability and knowledge; course requirement; proprietary interest;
exemptions.
A.
The department shall prepare and publish minimum standards for approved firearms
training courses that teach competency with handguns. A firearms training course shall
include classroom instruction and range instruction and an actual demonstration by the
applicant of his ability to safely use a handgun. An applicant shall not be licensed unless
he demonstrates, at a minimum, his ability to use a handgun of .32 caliber. An approved
firearms training course shall be a course that is certified or sponsored by a federal or
state law enforcement agency, a college, a firearms training school or a nationally
recognized organization, approved by the department, that customarily offers firearms
training. The firearms training course shall be not less than fifteen hours in length and
shall provide instruction regarding:
(1)
knowledge of and safe handling of single and double-action revolvers and
semiautomatic handguns;
(2)
safe storage of handguns and child safety;
(3)
safe handgun shooting fundamentals;
(4)
live shooting of a handgun on a firing range;
(5)
identification of ways to develop and maintain handgun shooting skills;
(6)
federal, state and local criminal and civil laws pertaining to the purchase,
ownership, transportation, use and possession of handguns;
(7)
techniques for avoiding a criminal attack and how to control a violent confrontation; and
(8)
techniques for nonviolent dispute resolution.
B.
Every instructor of an approved firearms training course shall annually file a copy of the
course description and proof of certification with the department.
(History: Laws 2003, ch. 255, § 7.)
29-19-8. Limitation on license.
A.
Nothing in the Concealed Handgun Carry Act [29-19-1 NMSA 1978] shall be construed as
allowing a licensee in possession of a valid concealed handgun license to carry a
concealed handgun into or on premises where to do so would be in violation of state or
federal law.
B.
Nothing in the Concealed Handgun Carry Act [29-19-1 NMSA 1978] shall be construed as
allowing a licensee in possession of a valid concealed handgun license to carry a
concealed handgun on school premises, as provided in Section 30-7-2.1 NMSA 1978.
29-19-8
New Mexico Concealed Handgun Carry Act
29-19-13
5
C.
Nothing in the Concealed Handgun Carry Act [29-19-1 NMSA 1978] shall be construed
as allowing a licensee in possession of a valid concealed handgun license to carry a
concealed handgun on the premises of a preschool.
(History: Laws 2003, ch. 255, § 8.)
29-19-9. Possession of license.
A licensee shall have his concealed handgun license in his possession at all times while carrying a
concealed handgun.
(History: Laws 2003, ch. 255, § 9.)
29-19-10. Validity of license on tribal land.
A concealed handgun license shall not be valid on tribal land, unless authorized by the governing
body of an Indian nation, tribe or pueblo.
(History: Laws 2003, ch. 255, § 10.)
29-19-11. Validity of license in a courthouse or court facility.
A concealed handgun license shall not be valid in a courthouse or court facility, unless authorized by
the presiding judicial officer for that courthouse or court facility.
(History: Laws 2003, ch. 255, § 11.)
29-19-12. Rules; department to administer; reciprocal agreements with other states.
The department shall promulgate rules necessary to implement the provisions of the
Concealed Handgun Carry Act [29-19-1 NMSA 1978]. The rules shall include:
A.
grounds for the suspension and revocation of concealed handgun licenses issued
pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978];
B.
provision of authority for a law enforcement officer to confiscate a concealed handgun
license when a licensee violates the provisions of the Concealed Handgun Carry Act [29-
19-1 NMSA1978];
C.
provision of authority for a private property owner to disallow the carrying of a concealed
handgun on the owner’s property;
D.
creation of a sequential numbering system for all concealed handgun licenses issued by
the department and display of numbers on issued concealed handgun licenses; and
E.
provision of discretionary state authority for the transfer, recognition or reciprocity of a
concealed handgun license issued by another state if the issuing authority for the other
state:
(1)
includes provisions at least as stringent as or substantially similar to the
Concealed Handgun Carry Act [29-19-1 NMSA 1978];
(2)
issues a license or permit with an expiration date printed on the license or permit;
(3)
is available to verify the license or permit status for law enforcement purposes within
three business days of a request for verification;
(4)
has disqualification, suspension and revocation requirements for a
concealed handgun license or permit; and
(5)
requires that an applicant for a concealed handgun license or permit:
(a)
submit to a national criminal history record check;
(b)
not be prohibited from possessing firearms pursuant to federal or state law;
and
(c)
satisfactorily complete a firearms safety program that covers deadly force
issues, weapons care and maintenance, safe handling and storage of firearms
and marksmanship.
(History: Laws 2003, ch. 255, § 12; 2005, ch. 242, § 6.)
29-19-13. Fund created.
A.
The “concealed handgun carry fund” is created in the state treasury.
B.
All money received by the department pursuant to the provisions of the Concealed
29-19-13
New Mexico Concealed Handgun Carry Act
29-19-15
6
Handgun Carry Act [29-19-1 NMSA 1978] shall be deposited by the state treasurer for
credit to the concealed handgun carry fund. The state treasurer shall invest the fund as all
other state funds are invested, and income from the investment of the fund shall be
credited to the fund. Balances remaining at the end of any fiscal year shall not revert to the
general fund and may be used to maintain the state’s criminal history database.
C.
Money in the concealed handgun carry fund is appropriated to the department to carry
out the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
(History: Laws 2003, ch. 255, § 13)
29-19-14. Current and retired law enforcement officers and New Mexico Mounted Patrol
Members.
A.
An application fee, a renewal fee and a firearms training course are not required for an
applicant or licensee who is:
(1)
a current or retired certified law enforcement officer pursuant to the Law Enforcement
Training Act; or
(2)
a current member of the New Mexico mounted patrol who has successfully
completed a law enforcement academy basic law enforcement training program for
New Mexico mounted patrol members pursuant to Section 29-6-4.1 NMSA 1978.
B.
A law enforcement officer or New Mexico mounted patrol member shall submit to the
department two full sets of fingerprints and a color photograph of the law enforcement
officer or New Mexico mounted patrol member. The department shall conduct an
appropriate check of available records and shall forward the fingerprints to the federal
bureau of investigation for a national criminal background check.
C.
A retired law enforcement officer is not required to submit an application fee or a renewal
fee if:
(1)
the officer was a certified law enforcement officer pursuant to the Law Enforcement
Training Act for at least fifteen years prior to retirement; and
(2)
the retirement is in good standing as shown by a letter from the agency from which
the officer retired.
D.
A retired law enforcement officer who has been retired ten years or less is not required to
complete a firearms training course.
E.
A retired law enforcement officer who has been retired for more than ten years shall be
required to complete a firearms training course.
The officer shall be allowed to attend any
local law enforcement agency’s firearms qualification course; provided that the officer
supplies the officer’s own ammunition, handgun, targets and range equipment. A local law
enforcement agency shall not be liable under the Tort Claims Act for providing a firearms
training course to a retired law enforcement officer pursuant to this subsection.
F.
A retired law enforcement officer’s concealed handgun license shall have printed on the
license “retired police officer” and shall be valid for a period of five years.
29-19-15. MILITARY SERVICE PERSONS REQUIREMENTS
A.
For a concealed handgun license applicant or licensee who submits with a concealed
handgun license application documentation satisfactory to the department that the
applicant is a military service person as defined in Subsection E of this section, an
application fee or renewal fee is not required. For a military service person discharged
from military service within twenty years of the application for a license or renewal of a
license, a firearms training course or refresher firearms training course is not required.
B.
A military service person shall submit to the department two full sets of fingerprints and
a color photograph of the military service person. The department shall conduct an
appropriate check of available records and shall forward the fingerprints to the federal
bureau of investigation for a national criminal background check.
C.
A military service person’s concealed handgun carry license shall have printed on the
license ‘military service person’ and shall be valid for a period of five years.
29-19-15
New Mexico Concealed Handgun Carry Act
29-19-15
7
D.
The department shall suspend or revoke a military service person’s concealed
handgun license if:
(1)
the military service person provided the department with false information on the
application form or renewal form;
(2)
the military service person did not satisfy the criteria for issuance of a
concealed handgun license at the time the license was issued; or
(3)
subsequent to receiving a concealed handgun license, the military service person
violated a provision of the Concealed Handgun Carry Act.
E.
As used in this section, “military service person” means a person who was accepted
into the United States armed forces and:
(1)
is on active duty with the United States armed forces;
(2)
is on reserve or guard duty with the United States armed forces; or
(3)
is a veteran or a retiree who received an honorable discharge as indicated on
a United States department of defense form 214.
(History: Laws 2005, ch. 242, § 7.)
10.8.2.1
New Mexico Administrative Code
10.8.2.5
8
NEW MEXICO ADMINISTRATIVE
CODE
TITLE 10
PUBLIC SAFETY AND LAW
ENFORCEMENT CHAPTER 8
Weapons and Explosives
PART 2
Carrying Concealed Handguns
Sec.
10.8.2.1.
Issuing Agency.
10.8.2.2.
Scope.
10.8.2.3.
Statutory Authority.
10.8.2.4.
Duration.
10.8.2.5.
Effective Date.
10.8.2.6.
Objective.
10.8.2.7.
Definitions.
10.8.2.8.
Filings and Correspondence.
10.8.2.9.
Incomplete Filings.
10.8.2.10.
Department-Prescribed Forms.
10.8.2.11.
Application Requirements for
a License.
10.8.2.12.
Other Required Documents for
a License.
10.8.2.13.
License Application Review and
Issuance.
10.8.2.14.
Fingerprinting of Applicants.
10.8.2.15.
Firearms Training for Applicants
and licensees.
10.8.2.16.
Terms and Conditions of License.
10.8.2.17.
License Renewal and Transfer.
Sec.
10.8.2.18.
Additional Handgun Endorsement.
10.8.2.19.
Replacement License.
10.8.2.20.
Enforcement.
10.8.2.21.
Denial, Suspension and Revocation of
a license.
10.8.2.22.
Department Approval of Instructors
and Firearms Training Courses.
10.8.2.23.
Background Investigations of
Applicants and Instructor Applicants.
10.8.2.24.
Responsibilities of Approved Instructors.
10.8.2.25.
In-service Training Cycle for
Concealed Carry Instructors.
10.8.2.26.
Suspension and Revocation of
an Instructor Permit.
10.8.2.27.
Hearing Procedures.
10.8.2.28.
Departmental Immunity.
10.8.2.29.
Reciprocity.
10.8.2.30.
Current Law Enforcement Officers
or Mounted Patrol Officers.
10.8.2.31.
Retired Law Enforcement Officers.
10.8.2.32.
Military Service Persons.
10.8.2.1 ISSUING AGENCY: Department of Public Safety.
[10.8.2.1 NMAC - Rp, 10.8.2.1 NMAC, 11-30-16]
10.8.2.2 SCOPE: This rule applies to all persons who wish to carry a concealed
handgun or to be an approved instructor in New Mexico.
[10.8.2.2 NMAC - Rp, 10.8.2.2 NMAC, 11-30-16]
10.8.2.3 STATUTORY AUTHORITY: Section 29-19-1 through Section 29-19-15
NMSA 1978; Section 30-7-2 NMSA 1978; and Section 30-7-2.4 NMSA
1978.
[10.8.2.3 NMAC - Rp, 10.8.2.3 NMAC, 11-30-16]
10.8.2.4 DURATION: Permanent.
[10.8.2.4 NMAC - Rp, 10.8.2.4 NMAC, 11-30-16]
10.8.2.5
EFFECTIVE DATE:
November 30, 2016, unless a later date is cited
at the end of a section.
[10.8.2.4 NMAC - Rp 10.8.2.5 NMAC, 11-30-16]
10.8.2.6
New Mexico Administrative Code
10.8.2.7
9
10.8.2.6
OBJECTIVE
:
The purpose of this rule is to implement the Concealed Handgun Carry act by establishing
requirements and procedures governing licenses to carry concealed handguns and
approval instructors and firearms training courses.
[10.8.2.6 NMAC - Rp, 10.8.2.6 NMAC, 11-30-16]
10.8.2.7
DEFINITIONS
:
In addition to the definitions in Section 29-19-2 NMSA 1978, unless the context clearly
indicates otherwise, as used in this rule:
A. act means the Concealed Handgun Carry Act, Sections 29-19-1 through 29-19-15
NMSA 1978;
B. approved instructor means a person to whom the department has issued a
permit to provide all or any part of classroom and firing range instruction;
C. controlled substance means-controlled substance as defined in the New Mexico
Controlled Substances Act, Sections 30-31-4 et seq. NMSA 1978, or a similar act
of any other jurisdiction;
D. conviction means an adjudication of guilt, and includes a guilty plea, judgment, or
verdict, no contest, nolo contendere, conditional plea of guilty, or any other plea
that would result in an adjudication of guilt in any court of competent jurisdiction. A
conviction includes a deferred sentence and a conditional discharge prior to
satisfaction of the conditions and after satisfaction of conditions where required by
the act;
E. court means any federal, state, county, municipal, or tribal court;
F. days means business days when the period referenced is 10 days or less, and
calendar days when the period reference is 11 days or more;
G. department means the New Mexico department of public safety;
H. instructor applicant means a person seeking a permit as an approved instructor;
I. mounted patrol means a current member of the New Mexico mounted patrol who
has successfully completed a law enforcement academy basic law enforcement
training program for New Mexico mounted patrol members pursuant to Section 29-
6-4.1 NMSA 1978;
J. military service person means a person who:
(1)
is on active duty with the United States armed forces;
(2)
is on reserve or guard duty with the United States armed forces;
(3)
is a veteran or a retiree who received an honorable discharge as indicated on
a United States department of defense form 214; or
(4)
is his or her dependent.
K. peace officer means any public official or public officer vested by law with a duty
to maintain public order or to make arrests for crimes, whether that duty extends to
all crimes or is limited to specific crimes;
L. permit means the authorization granted by the department to teach firearms
qualification courses as an approved instructor;
M. range qualification means the performance requirements that must be met by an
applicant or licensee for his or her approved caliber of handgun;
N. reciprocity means permission granted for an out of state licenses issued to a
person who is not a New Mexico resident to be used in the state of New Mexico by
a licensee visiting or passing through the state;
O. resident means:
(1)
a person who, for a period of not less than 90 days immediately preceding the
date of application for the license, has been domiciled in New Mexico, does
not claim residence elsewhere for any purpose and is not otherwise entitled to
claim residence in another state; or
(2)
a person who is a member of the armed forces of the United States and
10.8.2.7
New Mexico Administrative Code
10.8.2.10
10
permanently assigned to a military installation located within this state. A
military person’s dependent may be considered a resident for the purposes of
this rule.
P. respondent means, in the context of 10.8.2.27 NMAC, an applicant, instructor
applicant, approved instructor, or licensee;
Q. retired peace officer means a New Mexico resident who has retired in good
standing from any law enforcement agency with at least 15 years as a certified
police officer or by work related disability;
R. revocation means the involuntary termination of a license or permit by the
department for cause for an indefinite period of time;
S. secretary means the secretary of the department of public safety or his designee;
T. suspension means the involuntary termination of a license or permit by the
department for cause for a specified period of time;
U. transfer means issuance of a permit in New Mexico under the act when the
applicant holds a valid concealed carry permit or license issued by another state
with which New Mexico has reciprocity, and the other conditions prescribed in this
rule have been satisfied.
[10.8.2.7 NMAC - Rp, 10.8.2.7 NMAC, 11-30-16]
10.8.2.8
FILINGS AND CORRESPONDENCE:
A.
To the department
.
(1)
A person shall address all filings and correspondence relating to hearings held
pursuant to this rule to the New Mexico Department of Public Safety, Post
Office Box 1628, Santa Fe, New Mexico 87504-1628, Attention: Office of
Legal Affairs Concealed Handgun Section.
(2)
A person shall address all filings and correspondence relating to licenses,
instructor approval, and all other matters to the New Mexico Department of
Public Safety, Concealed Handgun Licensing Unit, 6301 Indian School Road
NE, Suite 310, Albuquerque, New Mexico 87110.
B. From the department. The department shall send all legal notices and orders
required by the act and this rule by certified mail to the last address reported to the
department by an applicant, instructor applicant, licensee, or approved instructor.
The department shall send all other correspondence by regular mail.
[10.8.2.8 NMAC - Rp, 10.8.2.8 NMAC, 11-30-16]
10.8.2.9
INCOMPLETE FILINGS:
The department may deny or reject an incomplete filing. A filing will be considered
incomplete if:
A. it is unsigned;
B. documents that are required to be certified or notarized are not certified or
notarized;
C. it omits any information required by law or department rule, form, or order;
D. it is not filed on a department-prescribed form and a form exists for that purpose;
or
E. the required fee is not filed with the application.
[10.8.2.9 NMAC - Rp, 10.8.2.9 NMAC, 11-30-16]
10.8.2.10 DEPARTMENT-PRESCRIBED FORMS :
A. Use required. The department has prescribed forms to carry out certain
requirements of this rule. The most current version of a department form must be
used when a form exists for that purpose, unless the department waives this
requirement.
B. How to obtain. Department-prescribed forms may be obtained:
New Mexico Administrative Code
10.8.2.12
10.8.2.10
(1)
at New Mexico state police offices throughout the state; or
(2)
from the department's website at www.dps.state.nm.us.
[10.8.2.10 NMAC - Rp, 10.8.2.10 NMAC, 11-30-16]
10.8.2.11 APPLICATION REQUIREMENTS FOR ALICENSE:
A. Filing. An applicant must file an application for a license with the department in
person or by mail.
B. Fees. All fees are non-refundable and are required by the act or this rule to be paid
to the department and shall be in the form of cash, credit card, a personal check,
cashier’s check, certified check, or money order made payable to the New Mexico
department of public safety.
C. Completeness. All applications must be complete and legible.
(1)
If an application is incomplete, the department will return the application and a
letter outlining the deficiencies in the application to the applicant by regular
mail. The applicant will have 45 calendar days from the date the letter is
postmarked to cure the deficiencies. If the applicant fails to return the
application to the department within 45 calendar days from the date the letter
was postmarked, the application will be deemed abandoned, the application
file will be closed, and all fees paid will be forfeited to the state. The
department will send a letter notifying the applicant that the application has
been deemed abandoned, the file has been closed, and all fees paid have
been forfeited to the state.
(2)
If the applicant returns the application to the department within 45 days from
the date the initial letter was postmarked but the application is still deficient,
the department will return the application and a second letter outlining the
deficiencies in the application to the applicant by regular mail. The applicant
will have 30 days from the date the second letter is postmarked to cure the
deficiencies. If the applicant fails to return the application to the department
within 30 days from the date the second letter was postmarked, or returns the
application but it is still deficient, the application will be deemed abandoned,
the application file will be closed, and all fees paid will be forfeited to the state.
The department will send a letter notifying the applicant that the application
has been deemed abandoned, the file has been closed, and all fees paid have
been forfeited to the state.
(3)
An applicant may contact the concealed carry unit to inquire about the status
of their application. Agents may provide the information to the applicant after
the applicant has supplied sufficient identifiers such as address, social security
number, DOB, etc.
[10.8.2.11 NMAC - Rp, 10.8.2.11 NMAC, 11-30-16]
10.8.2.12 OTHER REQUIRED DOCUMENTS FOR A LICENSE:
In addition to the application form, each applicant shall file copies of other documents
required by the act or this rule to the department required by the act or this rule to the
department as set forth below. The copies must clearly show the name of the applicant
and all signatures and pertinent information. The department will not accept copies that
are too dark, too light, blurry, or otherwise unreadable. An applicant may request the
return of original documents by stating so and enclosing a self- addressed stamped
envelope.
A. Proof of residency.
(1)
An applicant may prove residency in New Mexico by submitting a copy of a
valid New Mexico driver's license or personal identification card issued by the
motor vehicle division of the taxation and revenue department and one of the
following:
(a) proof that the applicant is registered to vote in New Mexico;
11
12
10.8.2.12
New Mexico Administrative Code
10.8.2.13
(b) a state or government issued license with name and address;
(c) a United States armed forces identification card and orders of permanent
duty station in New Mexico; or
(d) other proof acceptable to the department.
(2)
Possession by an applicant of a driver's license issued by another state shall
create a rebuttable presumption of residency in such other state.
B. Proof of age. An applicant may prove that he or she is 21 or more years of age by
filing:
(1)
a copy of a valid government-issued identification card stating the person's
age,
(2)
A copy of a passport; or
(3)
A certified copy of his or her birth certificate.
C. Proof of handgun competency. An applicant must submit a certified copy of a
certificate of completion for a firearms training course which is approved by the
department and issued by an approved instructor. It must be submitted not more
than 90 days prior to the date the application is submitted, as required by 10.8.2.15
NMAC.
D. Proof of disposition of charges. The burden of proof is on the applicant or
licensee to show that the applicant or licensee has a pending or successful
completion of any conditional discharge, or that the conviction of any charge has
been overturned on appeal. Documentation sufficient to prove the applicant’s or
licensee’s contention related to a conviction or discharge must be provided by the
applicant or licensee to the department.
E. Photographs. To streamline the application process, the department may obtain
digital color photographs of an applicant from the motor vehicle division of the
taxation and revenue department or another government agency. If the department
requests an applicant to provide photographs pursuant to Paragraph (5) of
Subsection (B) of Section 29-19-5 NMSA 1978, the photographs shall be in color,
be a minimum of three inches by three inches, and be a full-frontal view of the
applicant without a hat, sunglasses, or any other item that would obstruct or alter
the feature of the applicant. The department will not accept photographs that are
too dark, too bright, fuzzy, out of focus, or unclear.
F. Fingerprints. All new applicants shall submit electronic fingerprints via the
department standards that comply with the requirements of Section 29-19-5 NMSA
1978 and 10.8.2.14 NMAC. Applicants who have electronic fingerprints on file shall
not be required to resubmit fingerprints.
G. Application fee. An applicant shall submit a non-refundable application fee of
$100.00 and $75 for renewal applications. Current and retired law enforcement
officers, military and mounted patrol officers are exempt from this fee.
[10.8.2.12 NMAC - Rp, 10.8.2.12 NMAC, 11-30-16]
10.8.2.13
LICENSE APPLICATION REVIEW AND ISSUANCE:
A. Time period for review. In accordance with Subsection (A) of Section 29-19-6
NMSA 1978, the department shall review the application, conduct a national
criminal background check of each applicant, and make a determination within
thirty (30) days of the date the department receives a complete application and
background check.
B.
Determination by department
.
(1)
Approval. If the department finds that the applicant meets the requirements in
the act and this rule for issuance of a license, the department shall issue a
license.
(2)
Denial. If the department finds that the applicant does not meet the
requirements for issuance of a license, the department shall issue a
notification of denial in accordance with 10.8.2.21 NMAC. The notification of
13
10.8.2.13
New Mexico Administrative Code
10.8.2.15
denial shall cite requirement(s) of the act or this rule that the applicant has
failed to meet.
C. Information on license. In addition to the information required by Subsection (C)
of Section 29-19-6 NMSA 1978, a license to carry a concealed handgun may
include:
(1)
a physical description of the licensee, including the licensee’s sex, hair color,
eye color, height, and weight;
(2)
the state seal;
(3)
instructions to the licensee; and
(4)
other information as determined by the department.
D. Term of license. Original and renewed licenses are effective for four years from
the date of issuance by the department. Replacement licenses and licenses that
have been endorsed to add another category or highest caliber of handgun shall
expire on the date the replaced license would have expired.
E. Dual licenses prohibited. A licensee may not own or possess more than one New
Mexico license to carry a concealed handgun. A license to carry a concealed
handgun shall indicate all categories and highest calibers of handguns the licensee
is authorized to carry concealed in New Mexico.
[10.8.2.13 NMAC - Rp, 10.8.2.13 NMAC, 11-30-16]
10.8.2.14 FINGERPRINTING OF APPLICANTS: All applicants shall submit electronic
fingerprints. The department may refuse to accept fingerprints it determines are not
legible and classifiable.
A. Responsibilities of applicant. The applicant must present a valid government-
issued photographic identification card.
B. Responsibilities of person recording the fingerprints. The person who records
the applicant’s fingerprints shall verify that the government-issued photographic
identification card is of the person being fingerprinted.
[10.8.2.14 NMAC - Rp, 10.8.2.14 NMAC, 11-30-16]
10.8.2.15 FIREARMS TRAINING FOR APPLICANTS AND LICENSEES:
A.
All New Mexico residents must attend a department approved firearms training
course taught by a department approved instructor unless he or she received
the license by transfer of an out of state license.
(1)
An applicant seeking a license shall satisfactorily complete an initial firearms
training course approved by the department that includes at least 15 hours of
classroom and firing range instruction as specified in Subsection (A) of
Section 29- 19- 7 NMSA 1978 except:
(a) a department approved instructor;
(b) a current law enforcement officer;
(c) a retired law enforcement officer who has been retired 10 years or less at
time of application;
(d) active military personnel;
(e) military service persons who have been discharged within 20 years prior
to the time of application; or
(f) mounted patrol members who have successfully completed a law
enforcement training program for New Mexico mounted patrol.
(2)
Two years after the issuance of an initial license, a licensee shall complete a
refresher course which consists of either range qualification of his or her
approved caliber of handgun or an online training course of instruction
approved by the department.
(3)
Four years after the issuance of an initial license, a licensee seeking renewal
of a license shall satisfactorily complete a refresher firearms training course
approved by the department that includes at least four (4) hours of classroom
14
10.8.2.15
New Mexico Administrative Code
10.8.2.16
and firing range instruction as specified in Subsection (A) of Section 29-19-7
NMSA 1978.
(4)
The department may suspend a license if the licensee does not comply with
the refresher course requirements. Upon compliance, the licensee shall
submit a $10.00 reinstatement fee.
B.
Competency demonstration.
(1)
An applicant or licensee shall demonstrate competency in the safe use of
each category and highest caliber of handgun for which he or she seeks
certification by firing the handgun with live ammunition at a target no larger
than 12 inches wide and 18 inches high.
(2)
An applicant or licensee shall fire 15 rounds from three yards and 10 rounds
from seven yards.
(3)
An applicant or licensee shall score 4 points for each shot that hits within the
scoring line and zero points for each shot that hits outside the scoring line. An
applicant must obtain a score of seventy-two percent of the total score to pass
the competency demonstration.
C. Determination of competency. An approved instructor shall determine whether or
not an applicant is to be issued a certificate of completion based on the applicant’s
or licensee’s score on the competency demonstration and the applicant’s or
licensee’s knowledge and understanding of the subjects specified in the act.
D. Certificates of completion. An approved instructor shall issue a certificate of
completion to each applicant who demonstrates competency in the safe use of the
categories and calibers of handguns for which he or she seeks licensure as
prescribed in Subsections B and C of this section. The certificate of completion
shall include the name and date of birth of the applicant, the printed name and
signature of the approved instructor who scored the competency demonstration,
the date the applicant completed the firearms training course, all categories and
calibers of handguns for which the applicant demonstrated competency, and a
unique number consisting of the instructor number assigned by the department and
a sequential number that corresponds with the order in which the instructor has
issued certificates.
[10.8.2.15 NMAC - Rp, 10.8.2.15 NMAC, 11-30-16]
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.
15
10.8.2.16
New Mexico Administrative Code
10.8.2.17
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 childcare 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, 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 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.
[10.8.2.16 NMAC - Rp, 10.8.2.16 NMAC, 11-30-16]
10.8.2.17 LICENSE RENEWAL AND TRANSFER:
A. To renew a New Mexico license. A licensee may file an application for a renewed
license on the form prescribed by the department.
(1)
The licensee may submit the application anytime from 60 calendar days
before, and until 60 days after the license expires. If the license has expired,
a licensee shall not carry a concealed handgun until he or she receives a
renewed license.
(2)
The licensee shall complete a refresher firearms training course prior to filing
the application.
(3)
The licensee shall file with the department:
(a) electronic fingerprints as required by Section 29-19-5 NMSA 1978 and
10.8.2.14 NMAC, unless electronic fingerprints are already on file with the
department;
(b) a certified copy of a certificate of completion for a refresher firearms
training course approved by the department issued by an approved
instructor not more than 90 days prior to the date the application is filed;
(c) nonrefundable $75 renewal fee; and
(d) a copy of New Mexico driver’s license or other government issued
identification which contains a picture.
B. To transfer a license from another state. A person establishing New Mexico
residency must transfer his or her license from another state. The license holder
has 90 days from establishing New Mexico residency to file an application for a
New Mexico renewed license on the form prescribed by the department. An
16
10.8.2.17
New Mexico Administrative Code
10.8.2.18
applicant for transfer shall not carry a concealed handgun in New Mexico until the
applicant receives a New Mexico license unless he or she has a license from a
state that has been accepted by reciprocity by New Mexico.
(1)
In addition to the items required by Paragraph 3 of Subsection A of this
section, the applicant for transfer shall file:
(a) proof of residency as provided in Subsection A of 10.8.2.12 NMAC;
(b) proof of age as provided in Subsection B of 10.8.2.12 NMAC; and
(c) a photocopy of the license being transferred.
(2)
The applicant for transfer shall complete:
(a) a refresher firearms training course if the firearms training required by the
other state meets or exceeds New Mexico firearms training requirements
and the licensee completed firearms training not more than one year prior
to filing the application; or
(b) an initial firearms training course if the firearms training required by the
other state does not meet New Mexico firearms training requirements or
the licensee completed firearms training more than one year prior to filing
the application.
(3)
The applicant for transfer must meet all other requirements for obtaining a
license in New Mexico by showing either that:
(a) the requirements for licensure in the other state meet or exceed the
requirements for issuance of a license in New Mexico; or
(b) the applicant has satisfactorily completed the requirements for issuance
of a license in New Mexico that were not applicable in the other state.
C. Time period for review. The department shall review the application for a
renewed license, conduct a national criminal background check for each applicant
for a renewed license or transfer of a license from another state, and decide within
30 days of the date the department receives a complete application and
background check.
D.
Determination by department.
(1)
Approval. If the department finds that the applicant for a renewed license or
transfer of a license from another state meets the requirements in the act and
this rule for a renewed license, the department shall issue a license.
(2)
Denial. If the department finds that the applicant does not meet the
requirements for a renewed license or transfer of a license from another
state, the department shall issue a notification of denial in accordance with
10.8.2.21 NMAC. The notification of denial shall cite the particular
requirements of the act or this rule that the applicant has failed to meet.
[10.8.2.17 NMAC - Rp, 10.8.2.17 NMAC, 11-30-16]
10.8.2.18 ADDITIONAL HANDGUN ENDORSEMENT:
If a licensee wishes to add another category or additional higher calibers of handguns to
his or her license, the licensee shall file with the department an endorsement application.
The licensee shall also submit a certified copy of a certificate of completion from an
approved instructor stating that the licensee has demonstrated competency on a firing
range for each additional category and caliber of handgun, his or her current license, and
a $10 processing fee. The licensee need not retake the classroom portion of the firearms
training course. The department shall issue an updated license within 10 days of receipt of
the application. The updated license shall expire on the same date as the original license
would have expired. In accordance with Section 29-19-9 NMSA 1978, a licensee shall not
carry the higher caliber concealed handgun until he or she received the updated license.
[10.8.2.18 NMAC - Rp 10.8.2.18 NMAC, 11-30-16]
17
10.8.2.19
New Mexico Administrative Code
10.8.2.21
10.8.2.19
REPLACEMENT LICENSE:
A. Change of name address, or status: A licensee who changes his or her name,
address or law enforcement status shall file within 30 days:
(1)
an application for a replacement license on the form prescribed by the
department;
(2)
if applicable, a certified copy of a legal document proving the change of
name;
(3)
a nonrefundable $10 processing fee; and
(4)
if applicable, proof of reemployment with a law enforcement agency.
B. Loss, theft, or destruction of license: A licensee who loses his or her license or
whose license is stolen or destroyed shall file a police report within 10 days of the
date the licensee discovers the loss, theft, or destruction of the license. The
licensee shall not carry a concealed handgun until he or she obtains a replacement
license. A licensee who seeks to replace a license that is lost, stolen, or destroyed
shall file with the department:
(1)
an application for a replacement license on the form prescribed by the
department;
(2)
the case number of the police report;
(3)
a notarized statement made under oath that the license was lost, stolen or
destroyed; and
(4)
a nonrefundable $10 processing fee. The department shall issue a
replacement license within 10 days of receipt of the application.
[10.8.2.19 NMAC - Rp, 10.8.2.19 NMAC, 11-30-16]
10.8.2.20
ENFORCEMENT
:
A. Authority to disarm. A peace officer acting in the lawful discharge of his or her
official duties is authorized to disarm a licensee at any time the peace officer
reasonably believes it is necessary for the protection of the licensee, peace officer
or another individual. The peace officer shall return the handgun to the licensee
before dismissing the licensee from the scene if the peace officer has determined
that the licensee is not a threat to himself or herself, the peace officer, or other
individuals, provided that the licensee has not violated any provision of the act or
this rule, or committed any other violation which could result in arrest of the
licensee. If the peace officer has probable cause to believe that the handgun is
stolen, has an altered serial number, or has been used in the commission of a
crime, the peace officer shall hold the handgun in evidence and shall submit a copy
of his or her agency report to the department within 10 days.
B. Authority to confiscate license. A peace officer may confiscate a license if the
licensee has violated any provision of the act or this rule or committed any other
violation that could result in arrest of the licensee. If the licensee has committed a
violation of the act or rule warranting suspension or revocation of the license, the
officer shall file an affidavit of violation as provided in Subsection B of 10.8.2.21
NMAC. A police report may be submitted in lieu of an affidavit.
[10.8.2.20 NMAC - Rp, 10.8.2.20 NMAC, 11-30-16]
10.8.2.21 DENIAL, SUSPENSION AND REVOCATION OF A LICENSE:
A. Grounds. The department may deny, suspend or revoke a license if the licensee:
(1)
is found to have violated any provision of the act or this rule;
(2)
is a fugitive from justice, in accordance with Paragraph (4) of Subsection (A)
of Section 29-19-4 NMSA 1978;
(3)
is convicted of a felony, in accordance with Paragraph (5) of Subsection (A)
of Section 29-19-4 NMSA 1978, including a conditional discharge until
discharged, a diversion until its terms are completed, a deferment, a guilty
plea, a plea of nolo contendere, or Alford plea;
18
10.8.2.21
New Mexico Administrative Code
10.8.2.21
(4)
is under indictment, cited, or summoned to Court to answer for a felony
criminal offense, in accordance with Paragraph (6) of Subsection (A) of
Section 29-19-4 NMSA 1978;
(5)
is prohibited by law from purchasing or possessing a firearm, in accordance
with Paragraph (7) of Subsection (A) of Section 29-19-4 NMSA 1978 or any
federal database or law;
(6)
is adjudicated mentally incompetent or committed to a mental institution, in
accordance with Paragraph (8) of Subsection (A) of Section 29-19-4 NMSA
1978;
(7)
is addicted to alcohol or controlled substances, in accordance with Paragraph
(9) of Subsection (A) of Section 29-19-4 NMSA 1978;
(8)
receives a conditional discharge, a diversion or a deferment or is convicted
of, pleads guilty to or enters a plea of nolo contendere to a misdemeanor
offense involving a crime of violence within 10 years immediately preceding
the application, in accordance with Paragraph (1) of Subsection (B) of
Section 29-19-4 NMSA 1978;
(9)
is convicted of a misdemeanor offense of driving while under the influence of
intoxicating liquor or drugs within five years immediately preceding the
application, in accordance with Paragraph (2) of Subsection (B) of Section
29-19-4 NMSA 1978;
(10)
is convicted of a misdemeanor offense of the possession or abuse of a
controlled substance within 10 years immediately preceding the application,
in accordance with Paragraph (3) of Subsection (B) of Section 29-19-4 NMSA
1978;
(11)
is convicted of a misdemeanor offense of assault or assault against a
household member, battery or battery against a household member, in
accordance with Paragraph (4) of Subsection (B) of Section 29- 19-4 NMSA
1978; or
(12)
is subject to a valid protective order issued by a court.
B. Affidavit of violation by a licensee. If a peace officer believes there is probable
cause to suspend or revoke a license, the peace officer shall prepare an affidavit
on a form prescribed by the department. The affidavit shall cite the provision of law
that was violated. The peace officer shall file the affidavit and any other reports or
information relating to the licensee available to the officer with the department
within 10 days of the date the peace officer learns of the violation. A police report
may be submitted in lieu of the affidavit.
C. Notice of suspension or revocation and surrender of license. The department
shall review the affidavit and attachments, and, if the department finds probable
cause to suspend or revoke the license, may issue a notification of the suspension
or revocation to the licensee advising the licensee of his or her right to a hearing in
accordance with 10.8.2.27 NMAC. If the licensee elects not to request a hearing,
the licensee shall surrender his or her license to the department within 15 days of
the expiration of the period allowed to request a hearing.
D. Term of suspension or revocation and reapplication.
(1)
The department may suspend a license when the outcome of a disqualifying
matter is pending. The licensee may file an application to renew the license
upon expiration of the term of suspension.
(2)
The department may revoke a license for a period required by the law up to
and including a lifetime revocation. The person will not be eligible for a new
license until the revocation period required by law has passed, if ever.
(3)
The license of a current law enforcement officer shall expire on the date the
officer leaves employment unless the officer provides the department with
written proof of hiring by another law enforcement agency in New Mexico.
[10.8.2.21 NMAC - Rp, 10.8.2.21 NMAC, 11-30-16]
19
10.8.2.22
New Mexico Administrative Code
10.8.2.22
10.8.2.22 DEPARTMENT APPROVAL OF INSTRUCTORS AND FIREARMS
TRAINING COURSES:
A. Application required. Any person seeking to instruct firearms training courses
pursuant to this rule shall file an application with the department to become an
approved instructor. Application shall be made on the form prescribed by the
department and shall be typewritten or legibly handwritten in ink. A person who is
not an approved instructor may not instruct a firearms training course pursuant to
this rule.
B. Requirements for approval. In order to be approved as an instructor, an
instructor applicant must:
(1)
agree to be subject to New Mexico jurisdiction for the purpose of enforcing
the act and this rule;
(2)
submit a resume of experience instructing firearms training courses, handgun
experience, or both;
(3)
submit electronic fingerprints that comply with the requirements in Section 29-
19-5 NMSA 1978 and 10.8.2.14 NMAC for positive identification purposes;
(4)
submit an authorization for release of information form provided by the
department;
(5)
submit an affidavit or cover page of an acceptable firearms instruction
insurance policy;
(6)
submit to the department the curriculum and course materials, meeting the
department’s core requirements, for a firearms training course that has been
certified or sponsored by a federal or state law enforcement agency, an
accredited college or university, a firearms training school, or a nationally
recognized organization, approved by the department, that customarily
offers firearms training and a copy of the letter or other document approving
the course from the certifying or sponsoring entity. An instructor applicant
may develop his own curriculum and materials but must have them certified
or sponsored by one of the entities identified in Subsection A of NMSA 1978
Section 29-19-7;
(7)
the instructor applicant must submit to the department a list of all persons the
instructor applicant proposes to engage in any aspect of the concealed carry
weapons class at least 10 days prior to the first class, including the
individual’s name, date of birth, social security number, and concealed carry
license number;
(8)
provide a description of the instructor applicant’s experience in offering
firearms training; if any. An instructor-applicant who wishes to conduct firing
range instruction must possess a certificate of completion of a firearms
instructor-training program approved by the department that was issued or
renewed not more than three years prior to the date the application is filed;
(9)
be a currently certified law enforcement instructor employed by a law
enforcement agency; or
(10)
be 21 years of age and agree to be responsible for the actions and omissions
of all persons engaged by the approved instructor for the purpose of
conducting firearms training courses pursuant to this rule.
C. Time period for review. As prescribed in Subsection (A) of Section 29-19-6
NMSA 1978, the department shall review the application of each instructor
applicant and make a determination within 30 days of the date the department
receives a complete application and background check.
D. Determination by the department.
(1)
Approval.
(a) Instructor. If the department finds that the instructor applicant meets the
requirements specified in Subsection B of this section, the department
shall issue a concealed carry weapon instructor permit that shall be valid
20
10.8.2.22
New Mexico Administrative Code
10.8.2.23
for four years. The concealed carry weapon permit shall include the
approved instructor’s name, business address, and date of birth, the
expiration date of the permit, and the instructor number assigned by the
department.
(b) Curriculum. If the department finds that the proposed curriculum and
course materials for the firearms training course meet the requirements of
Section 29-19-7 NMSA 1978 and this rule, the department shall approve
the proposed firearms training course in writing. The department’s
approval shall remain in effect for the shortest of:
(i) one year;
(ii) until the approved instructor substantially changes the curriculum
or course materials; or
(iii) the requirements in the act or this rule are changed.
(2)
Denial. If the department finds either that the instructor applicant or the
proposed firearms training course do not meet the requirements of Section
29-19-7 NMSA 1978 or this rule, the department shall issue a notification of
denial. The notification of denial shall cite the particular requirements of the
act or this rule that the instructor applicant or proposed firearm training
course has failed to meet.
E. Renewal. An approved instructor seeking to renew his permit shall file with the
department at least 60 days before the date his permit expires:
(1)
an application for renewal on the form prescribed by the department;
(2)
the curriculum and course materials for a firearms training course that is
certified or sponsored by a federal or state law enforcement agency, an
accredited college or university, a firearms training school, or a nationally
recognized organization approved by the department that customarily offers
firearms training and a copy of the letter or other document approving the
course from the certifying or sponsoring entity; and
(3)
a list of all persons the instructor applicant intends to engage in any aspect of
conducting a concealed carry weapons class.
F. No authority to carry. An approved instructor is not authorized to carry a
concealed handgun unless the approved instructor obtains a license from the
department pursuant to 29-19-4 NMSA 1978 of the act and this rule. If an instructor
applicant wishes to apply for a concealed carry license at the same time he or she
applies for an instructors permit, he or she may do so by checking the appropriate
boxes on the instructor application form, complying with all requirements for a
license in the act and this rule, and enclosing the license application fee and all
documents required by this rule with the application for an instructors certificate.
G. List of approved instructors. The department shall maintain and make available
to the public a list of approved instructors. An approved instructor may request to
be removed from the list, but shall remain subject to a request for inspection of
public records pursuant to Chapter 14, Article, 2 NMSA 1978.
[10.8.2.22 NMAC - Rp, 10.8.2.22 NMAC, 11-30-16]
10.8.2.23 BACKGROUND INVESTIGATIONS OF APPLICANTS AND INSTRUCTOR
APPLICANTS:
The department shall conduct a state and national criminal background check, and a court
records check for protective orders, of each applicant for an original, transferred or
renewed license. The department shall conduct a state criminal background check, and a
court records check for protective orders, for each instructor applicant for an original or
renewed permit. The department may require certain applicants to provide information or
execute documents to enable the department to obtain criminal history records of
disposition of charges. The department may conduct such other investigation of an
applicant as the department deems necessary to determine an applicant's suitability for a
21
10.8.2.23
New Mexico Administrative Code
10.8.2.24
license or permit.
[10.8.2.23 NMAC - Rp, 10.8.2.23 NMAC, 11-30-16]
10.8.2.24
RESPONSIBILITIES OF APPROVED INSTRUCTORS:
A. Minimum standards for instruction. An approved instructor shall:
(1)
engage as instructors only those persons who have been issued a permit by
the department, except as provided in Subsection C of this section;
(2)
have no more students in the classroom or on an indoor firing range than the
maximum occupancy allowed by the state or local fire code;
(3)
use classroom facilities that comply with all federal, state, and local laws
relating to persons with disabilities, public health, safety, and sanitation,
including restroom facilities;
(4)
use only the curriculum, course materials, handouts, and videos approved by
the department;
(5)
display the permit issued by the department in an appropriate and visible
location;
(6)
not permit a student to begin a firearms training course until the student has
received written information stating all fees, including incidental costs,
charged for the course, policies for passing and failing, refund and
reschedule policies, and attendance requirements.
B. Minimum standards for firing range instruction. An approved instructor shall:
(1)
not allow a student to participate in firing range instruction until the student
has completed the classroom portion of the firearms training course that
covers safe handgun shooting fundamentals;
(2)
conduct firing range instruction under various light conditions when possible;
(3)
have no more students firing a handgun on the firing range than the instructor
can effectively and safely instruct and monitor, including no more than five
students per instructor during daylight training, no more than three students
per instructor for lowlight training, and no more than one student per
instructor for dynamic training such as shooting on the move.
C.
Guest instructors.
(1)
An approved instructor may use guest instructors who are on the department
approved instructor list to teach various parts of a firearm training course, but
only with written approval of the department. An approved instructor must file
a request for approval to use a guest instructor at least 10 days prior to the
date the guest instructor will teach for the first time. The department will
conduct background investigations of guest instructors.
(2)
no guest instructor shall teach the approved instructor’s entire firearms
training course.
(3)
an approved instructor shall maintain a file on each guest instructor who
teaches any portion of the firearms training course. The file shall include a list
of the dates and portions of the course each guest instructor has taught, and
appropriate documents showing the educations, experience, licenses or
certifications that qualify the guest instructor to teach the portions of the
course he or she has taught.
D. Monitoring by the department. The department may monitor all aspects of
firearms training courses. Approved instructors shall cooperate with department
employees in its efforts to monitor the training of applicants.
(1)
Should a department employee determine that an instructor is not compliant
with these rules or is placing his or her students in danger, the employee
shall obtain the approved instructor’s permit, make a written report and
submit both to the secretary. The approved instructor may then file an appeal
pursuant to the act and these rules.
22
10.8.2.24
New Mexico Administrative Code
10.8.2.26
(2)
Failure to adhere to any provisions of Subsection D, these rules, or the act
shall be grounds for temporary or permanent loss of an instructor’s permit.
E. After action reports (AAR). An approved instructor shall file the following
information with the department within 10 working days after the end of each
firearms training course on the form prescribed by the department:
(1)
the name, address, and date of birth of each applicant who attended the
course;
(2)
the score each applicant achieved in the handgun competency
demonstration;
(3)
the category and highest caliber of each handgun for which the applicant
demonstrated competency; and
(4)
whether or not the approved instructor issued a certificate of completion and
each category and caliber for which the certificate was issued.
F. Records. An approved instructor shall maintain the records required by this
subsection for a period of five years from the date of completion of each firearms
training course. The records shall be stored in a safe and secure place and shall
be available for inspection by the department promptly upon request. An approved
instructor shall maintain:
(1)
a record of each handgun competency certificate issued;
(2)
a record of the following information for each course:
(a) name, address, and date of birth of each applicant who attended the
course
(b) the score the applicant achieved in the handgun competency
demonstration;
(c) the category and caliber, of each handgun for which the applicant
demonstrated competency; and
(d) an indication of whether or not the approved instructor issued a certificate
of completion to that applicant;
(3)
a record of the dates and number of hours of each firearms training course;
(4)
a record of the curriculum and course materials used in each course;
(5)
copies of documents and correspondence filed with the department.
[10.8.2.24 NMAC Rp, 10.8.2.24 NMAC, 11-30-16]
10.8.2.25 IN-SERVICE TRAINING CYCLE FOR CONCEALED CARRY
INSTRUCTORS:
A. All New Mexico Approved instructors shall receive a minimum of eight hours of
training biennially.
B. Required training may be conducted by the department’s concealed carry program
at regional locations and, where scheduling will allow, the concealed carry program
will assign staff to instruct the course.
[10.8.2.25 NMAC Rp, 10.8.2.25 NMAC, 11-30-16]
10.8.2.26 SUSPENSION AND REVOCATION OF AN INSTRUCTOR PERMIT
A. Grounds. The department may suspend or revoke a permit if the approved
instructor:
(1)
is the subject of valid complaints from applicants, licensees, or other approved
instructors;
(2)
violates any of the ground’s states in Subsection A of 10.8.2.21 NMAC with
respect to a license;
(3)
violates any provision of the act or these rules; or
(4)
fails to improve after having been sanctioned.
B. Notice of suspension or revocation and surrender of permit. The department
shall investigate all allegations concerning grounds for suspension or revocations
23
10.8.2.26
New Mexico Administrative Code
10.8.2.27
of permits. If the department finds there is a preponderance of evidence supporting
the complaint, and there exists cause to suspend or revoke the permit, the
department may issue a notification of suspension or revocation of the permit to
the approved instructor and advising the approved instructor of his or her right to a
hearing in accordance with 10.8.2.26 NMAC. If the approved instructor elects not
to request a hearing the approved instructor shall surrender his or her permit to the
department within 15 days of the expiration of the period for requesting a hearing
and shall cease offering firearms training courses pursuant to this rule.
C. Immediate suspension of firearms training course and refund of tuition.
(1)
The department may immediately suspend, without notice or a prior hearing,
a firearms training course whenever the department finds that the person
teaching the course hearing, a firearms training course whenever the
department finds that the person teaching the course:
(a) is not an approved instructor;
(b) is impaired by the use of alcohol, controlled substances, or over the
counter or prescribed medications;
(c) has committed a misdemeanor or felony under the New Mexico criminal
code or law of another jurisdiction; or
(d) is teaching something that is contrary to law or accepted safety practices.
(2)
The approved instructor shall be given the opportunity to request a hearing
before the department pursuant to 10.8.2.26 NMAC.
(3)
If the department finds, after notice and a hearing, that the person teaching
the course was not an approved instructor, was impaired, has committed a
misdemeanor or felony under the criminal code, or was teaching something
contrary to law or accepted safety practices, the department may order the
person to refund to every student in the class the person was teaching any
fees paid by the student to take the class. If the department finds that all or
any portion of the firearms training course was deficient because the
instructor was not an approved instructor, was impaired, has committed a
misdemeanor or felony under the criminal code, or was teaching something
contrary to law or safety, the department may require the students in that
class to retake the portions that were deficient. The department may also
initiate proceedings to suspend or revoke the approved instructor’s permit.
D. Term of suspension or revocation and reapplication.
(1)
The department may suspend a permit for up to one year while the outcome
of a disqualifying matter is pending. The approved instructor may file an
application to renew the permit upon expiration of the term of suspension.
(2)
The department may revoke a permit for a period required by law up to and
including a lifetime revocation. The instructor whose permit is revoked will not
be eligible for a new permit until the revocation period required by law has
passed, if ever.
[10.8.2.26 NMAC - Rp, 10.8.2.25 NMAC, 11-30-16]
10.8.2.27
HEARING PROCEDURES:
A. Written notice required. The department shall mail a notification of the decision to
deny, suspend, or revoke a permit and instructions for requesting a hearing to the
respondent in accordance with Subsection B of 10.8.2.8 NMAC. The notice shall
become final on the 30th day after the date the notice was postmarked unless the
department receives a request for a hearing, or the notice is returned to the
department as undeliverable, before that date, in which case it is immediately final.
B. Request for hearing. A respondent who seeks reconsideration of a notification of
denial, suspension, or revocation shall file a request for hearing. The request for
hearing shall:
(1)
be in writing;
24
10.8.2.27
New Mexico Administrative Code
10.8.2.27
(2)
be received by the department within 30 days on the notification;
(3)
state with specificity the basis for challenging the notification; and
(4)
provide any additional documentation to support the challenge.
C. Hearing date. Within 30 days of receipt of a request for hearing, the department
shall mail a notice of hearing to the respondent. The hearing shall be held within a
reasonable period of time, but within 180 days from the date the department
receives a request for the hearing. The department may extend the time for a
hearing one time for up to an additional 60 days upon its own discretion. The
department shall not unreasonably deny a request for postponement of the hearing
made by a respondent when good cause exists for the request.
D. Contents of notice. The notice shall include:
(1)
the date, time, place, and nature of the hearing;
(2)
a statement of the legal authority and jurisdiction pursuant to which the
hearing is being held;
(3)
reference to the section(s) of the act or this rule that were cited as the basis
for the denial, suspension, or revocation;
(4)
a general statement of the matters or issues involved; and
(5)
a statement of the rights specified in Subsection I of this section.
E. Nature of hearing. The hearing shall be conducted in an informal manner. The
hearing may be conducted in person or by telephone conference call, video
conferencing, or other appropriate technology.
F. Hearing examiner. The department shall designate a hearing examiner who shall
conduct the proceedings and perform all acts and take all measures necessary or
proper for the efficient conduct of the hearing. The hearing examiner may:
(1)
administer oaths;
(2)
issue subpoenas for the attendance of witnesses and the production of
relevant books, documents, and records;
(3)
exclude any irrelevant, immaterial, or unduly repetitious evidence;
(4)
take notice of facts and of recognized technical or scientific facts within the
departments specialized knowledge;
(5)
hear evidence and admit documentary evidence from the parties. The
department may introduce into evidence copies of government records
needed to establish the existence of certain facts which could result in denial,
suspension, or revocation of a license or permit, including but not limited to
records regarding convictions, judgments regarding mental competency or
chemical dependency, or other matters that may be established by
government records;
(6)
call and examine the respondent or other witnesses; and
(7)
utilize the department's experience, technical competence, and specialized
knowledge in evaluating the evidence.
G. Testimony. Testimony at the hearing shall be taken under oath.
H. Record of hearing. The hearing shall be recorded at the department’s expense.
No recording devices other than the official hearing recording device shall be
allowed in. In addition, the department shall make a written record of:
(1)
the nature of the proceedings including copies of the affidavit or other
documents of grounds for the notification of denial, suspension, or revocation,
and the notice of hearing;
(2)
the place, date, and time of the hearing and all continuances or recesses of
the hearing;
(3)
the appearance or nonappearance of the respondent;
(4)
if the respondent appears with an attorney, the name and address of the
attorney;
(5)
all evidence and testimony and a copy of all exhibits introduced into
evidence;
25
10.8.2.27
New Mexico Administrative Code
10.8.2.29
(6)
the findings of fact, conclusions of law, and recommended decision of the
hearing examiner; and
(7)
the decision of the secretary.
I. Rights of applicant, instructor applicant, approved instructor, or licensee.
The respondent has the right to:
(1)
attend the hearing;
(2)
enter evidence into the record, but only in open hearing;
(3)
recuse a hearing examiner for cause;
(4)
be assisted or represented by an attorney at his or her own expense; and
(5)
call, examine and cross-examine witnesses.
J. Stipulation. The respondent, or respondent’s attorney in respondent’s absence,
shall stipulate in writing on a form prescribed by the department that the hearing
examiner shall be released from civil liability for all communications, findings,
opinions, and conclusions made in the course and scope of the hearing. Failure to
so stipulate shall result in termination of the hearing and continuation of the
notification issued by the department.
K. Deliberation. At the close of the hearing, the hearing examiner shall review and
consider the entire record, prepare findings of fact, conclusions of law, and a
recommended decision, and submit them to the secretary within 20 days after the
close of the hearing. The hearing examiner shall make a finding on each ground for
denial, suspension, or revocation alleged. The recommended decision shall be
based upon substantial, competent, and relevant evidence and testimony
appearing in the record of hearing.
L. Final order. Within 20 days of receipt of the recommended decision, the secretary
shall review the record of the hearing and issue a final order affirming the denial of
an application for, or suspension or revocation of, a license or permit or reversing
the denial, suspension, or revocation and authorizing issuance or reinstatement of
a license or permit. The department shall mail a copy of the final order to the
respondent. The final order shall be based upon substantial, competent, and
relevant evidence and testimony appearing in the record of hearing.
M. Appeals. A respondent adversely affected by a final order of the department may
file a petition for a writ of certiorari, pursuant to Rule 1-075 NMRA, in the district
court in the county where the respondent resides within 30 days of the date the
final order was postmarked. The appellant shall bear the costs of the appeal.
[10.8.2.27 NMAC - Rp, 10.8.2.27 NMAC, 11-30-16]
10.8.2.28 DEPARTMENTAL IMMUNITY:
The department, or any employee of the department, shall not be criminally or civilly liable
for acts:
A. performed by the department or employee in good faith based on information
available to the department or employee at the time the act was performed;
B. committed by a licensee; or
C. committed by a person approved by the department or employee to offer a firearms
training course.
D. Occurring during and through the course of any proceeding pertaining to a
concealed carry license.
[10.8.2.28 NMAC - Rp, 10.8.2.28 NMAC, 11-30-16]
10.8.2.29
RECIPROCITY:
The secretary or his designee shall have discretionary authority to afford transfer or
reciprocity to a concealed handgun license issued by another state. Transfer or reciprocity
may be granted if the other state:
A. issues a license or permit with an expiration date printed on the license or permit;
is available to verify the license or permit status for law enforcement purposes
26
10.8.2.29
New Mexico Administrative Code
10.8.2.31
within three days of request;
B. has disqualification, suspension and revocation requirements for a concealed
handgun license or permit;
C. requires that an applicant for a concealed handgun license or permit submit to a
national criminal history records check;
D. requires that an applicant not be prohibited from possessing firearms pursuant to
federal or state law; and
E. requires that an applicant satisfactorily complete a firearms safety program that
covers deadly force issues, weapons care and maintenance, safe handling and
storage of firearms and marksmanship.
F. Each state which the department has afforded transfer or reciprocity shall be listed
on the department’s web page.
G. No reciprocity shall be afforded to a license issued by another state to a New
Mexico resident.
[10.8.2.29 NMAC - Rp, 10.8.2.29 NMAC, 11-30-16]
10.8.2.30
CURRENT LAW ENFORCEMENT OFFICERS OR MOUNTED PATROL
OFFICERS:
A. Any current law enforcement officer residing in New Mexico shall be allowed to
obtain a five-year concealed handgun carry license by submitting:
(1)
all forms as required in section 10.8.2.11 NMAC;
(2)
a letter from his or her agency head verifying that the applicant is employed in
good standing and is qualified under 29-19-4 NMSA 1978;
(3)
a copy of his or her law enforcement certification and number; and
(4)
a copy of his or her latest firearms qualification score with category and
caliber designated, signed and dated by the authorized firearms instructor
conducting the course.
B. An application may be denied if:
(1)
the head of the law enforcement agency employing the officer requests in
writing that a license not be issued and supplies sufficient information to
enable the department to determine if the denial should be granted; or
(2)
if the applicant is pending criminal charges or serious administrative
allegations involving their conduct as a law enforcement officer.
C. The agency and applicant will be notified in writing of the departments’ decision. If
denied, the applicant may follow the appeal process contained in 10.8.2.27 NMAC.
D. The applicant’s agency will be notified of any disqualifying information that may
become known during the background check.
E. A license issued under this section may not be used and must be turned in when
the officer is no longer employed by a law enforcement agency.
[10.8.2.30 NMAC - Rp, 10.8.2.30 NMAC, 11-30-16]
10.8.2.31
RETIRED LAW ENFORCEMENT OFFICERS:
Any retired law enforcement officer shall be allowed to obtain a five-year concealed
handgun carry license if the retired law enforcement officer:
A. Has submitted all forms as required in these rules, including 10.6.2.12 NMAC;
B. is a resident of the state of New Mexico;
C. has retired from a law enforcement agency after a minimum of 15 years
employment, unless the retirement was due to a job-related disability;
D. has submitted a letter from the agency verifying employment if the 15 years is with
more than one agency;
E. has submitted a letter from the agency verifying employment he or she retired from
which indicates he or she retired in good standing with the effective date of
retirement;
F. has submitted a copy of his or her last firearms qualification scores indicating
27
10.8.2.31
New Mexico Administrative Code
10.8.2.32
category and caliber designation, dated and signed by the department’s firearms
instructor;
G. has taken a firearms course in accordance with the act if the officer has been
retired longer than ten years at the time of application;
H. has submitted a copy of his or her law enforcement certification and number; and
I. has qualified and adheres to the provisions of the act and these rules.
[10.8.2.31 NMAC - Rp, 10.8.2.31 NMAC, 11-30-16]
10.8.2.32 MILITARY SERVICE PERSONS:
Any military service persons shall be allowed to obtain a five-year concealed handgun
carry license under the following requirements:
A. by submitting all forms as required in these rules, including 10.8.2.12 NMAC; and
B. documentation satisfactory to the department that the applicant is a military service
person; or
C. documentation satisfactory to the department that the applicant was a prior military
service person honorably discharged.
[10.8.2.31 NMAC - N, 11-30-16]
HISTORY OF 10.8.2 NMAC:
10.8.2 NMAC, Carrying Concealed Handguns, filed on 9-4-01, was removed pursuant to
Supreme Court Opinion 2002 NMSC-017.
10.8.2 NMAC, Carrying Concealed Handguns, was refiled on 11-14-03, effective 11-26-03.
History of repealed material:
10.8.2 NMAC, Carrying Concealed Handguns, effective 11-26-03, repealed and replaced
effective 11- 30-16.
FOLLOW THE CHECKLIST BELOW FOR YOUR APPROPRIATE CATEGORY BEFORE
SUBMITTING YOUR APPLICATION TO THE DEPARTMENT
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
Documents needed for Civilian
(New/ Initial Application)
Ƒ
2-Page Application
Ƒ
Authorization to Obtain Health Information complete with WITNESS SIGNATURE (anyone over the age of 18)
Ƒ
Authorization for Release of Information complete with NOTARY
Ƒ
Copy of valid New Mexico Driver’s License or Identification Card
Ƒ
Copy of Birth Certificate or other required legal documents (not required if NMDL is a Real ID)
Ƒ
Training Certificate w/ DPS-Approved Instructor
Ƒ
IDEMIA (IdentoGO) Fingerprint Receipt (ORI NM920200Z $59)
Ƒ
$100 fee made payable to NMDPS CCU
(Renewal Application)
Ƒ
2-Page Application
Ƒ
Copy of valid New Mexico Driver’s License or Identification Card
Ƒ
Training Certificate w/ DPS-Approved Instructor
Ƒ
$75 fee made payable to NMDPS CCU
Documents needed for Active Military
(New/ Initial Application)
Ƒ
2-Page Application
Ƒ
Authorization to Obtain Health Information complete with WITNESS SIGNATURE (anyone over the age of 18)
Ƒ
Authorization for Release of Information complete with NOTARY
Ƒ
Photocopy of valid Driver’s License or Identification Card
Ƒ
One (1) passport photo if your Driver’s License is not issued in New Mexico
Ƒ
Copy of Birth Certificate or other required legal documents (not required if NMDL is a Real ID)
Ƒ
Copy of Military ID and PCS (Permanent Change of Station) Orders
Ƒ
IDEMIA (IdentoGO) Fingerprint Receipt (ORI NM920272Z $23.00)
(Renewal Application)
Ƒ
2-Page Application
Ƒ
Photocopy of valid Driver’s License or Identification Card
Ƒ
Copy of Military ID or PCS (Permanent Change of Station) Orders
Documents needed for Retired Military/ Military Veteran
(New/ Initial Application)
Ƒ
2-Page Application
Ƒ
Authorization to Obtain Health Information complete with WITNESS SIGNATURE (anyone over the age of 18)
Ƒ
Authorization for Release of Information complete with NOTARY
Ƒ
Copy of valid Driver’s License or Identification Card
Ƒ
Copy of Birth Certificate or other required legal documents (not required if NMDL is a Real ID)
Ƒ
DD-214 with character of discharge (must have Honorable Discharge)
Other acceptable forms: Letter from the VA stating honorable discharge or retirement card
Ƒ
Training Certificate w/ DPS-Approved Instructor *if outside of 20 years of separation
Ƒ
IDEMIA (IdentoGO) Fingerprint Receipt (ORI NM920272Z $23.00)
(Renewal Application)
Ƒ
2-Page Application
Ƒ
Copy of valid Driver’s License or Identification Card
Ƒ
DD-214 with character of discharge (must have Honorable Discharge)
Ƒ
Training Certificate w/ DPS-Approved Instructor *if outside of 20 years of separation
Documents needed for Active Law Enforcement Officer
(New/ Initial Application)
Ƒ
2-Page Application
Ƒ
Authorization to Obtain Health Information complete with WITNESS SIGNATURE (anyone over the age of 18)
Ƒ
Authorization for Release of Information complete with NOTARY
Ƒ
Photocopy of valid Driver’s License or Identification Card (not required if NMDL is a Real ID)
Ƒ
Photocopy of Birth Certificate or other required legal documents
Ƒ
Agency ID
Ƒ
Certification Number
Ƒ
Letter of Good Standing
Ƒ
Copy of last qualification
Ƒ
IDEMIA (IdentoGO) Fingerprint Receipt (ORI NM920272Z $23.00)
(Renewal Application)
Ƒ
2-Page Application
Ƒ
Photocopy of valid Driver’s License or Identification Card
Ƒ
Agency ID
Ƒ
Certification Number
Ƒ
Letter of Good Standing
Ƒ
Copy of last qualification
Documents needed for Retired Law Enforcement Officer
(New/ Initial Application) (must have completed a minimum of 15 years as LEO or retired due to job related disability)
Ƒ
2-Page Application
Ƒ
Authorization to Obtain Health Information complete with WITNESS SIGNATURE (anyone over the age of 18)
Ƒ
Authorization for Release of Information complete with NOTARY
Ƒ
Copy of valid Driver’s License or Identification Card (not required if NMDL is a Real ID)
Ƒ
Copy of Birth Certificate or other required legal documents
Ƒ
Letter of Good Standing with Agency ID and Certification Number
Ƒ
Copy of last qualification or Training Certificate w/ DPS-Approved Instructor *if outside of 10 years of retirement
Ƒ
IDEMIA (IdentoGO) Fingerprint Receipt (ORI NM920272Z $23.00)
(Renewal Application) (must have completed a minimum of 15 years as LEO or retired due to job related disability)
Ƒ
2-Page Application
Ƒ
Copy of valid Driver’s License or Identification Card
Ƒ
Agency ID
Ƒ
Certification Number
Ƒ
Letter of Good Standing
Ƒ
Copy of last qualification or Training Certificate w/ DPS-Approved Instructor *if outside of 10 years of retirement
Documents needed for Instructor
Ƒ
2-Page Application
Ƒ
Authorization to Obtain Health Information complete with WITNESS SIGNATURE (anyone over the age of 18)
Ƒ
Authorization for Release of Information complete with NOTARY
Ƒ
Copy of valid New Mexico Driver’s License or Identification Card (not required if NMDL is a Real ID)
Ƒ
Copy of Birth Certificate or other required legal documents
Ƒ
IDEMIA (IdentoGO) Fingerprint Receipt (ORI NM920200Z $59 civilian; NM920272Z $23.00 Military/LEO)
Ƒ
Current Instructor Liability Insurance
Ƒ
Current Instructor Credentials (NRA, USCCA, DPS LEA, etc…)
Ƒ
Resume of firearms instructing experience
Ƒ
Curriculum and all course materials - Must include:
Fee Schedule NMAC 10.8.2.24(A)(6)
Ƒ Fees
Ƒ Incidental Costs
Ƒ Charges for Course
Ƒ Policies for passing and failing
Ƒ Refund policy
Ƒ Reschedule policy
Ƒ Attendance requirements
Terms and conditions of License NMAC
10.8.2.16
Reciprocity NMAC 10.8.2.29
Application Qualification and Process
Ƒ Cost
Ƒ Forms needed
Ƒ Fingerprinting
Ƒ Qualifications and Disqualifiers
Ƒ Appeals
Ƒ 2year refresher
Ƒ Renewal timelines
Explanations of hands on demonstrations, if
any.
[NMSA 1978 29-19-7 § (2003)]
Ƒ Safe handling of single- and double-action
revolvers and semi-automatic handguns
Ƒ Safe storage of handguns and child safety;
Ƒ Safe handgun shooting fundamentals;
Ƒ Identification of ways to develop and maintain
handgun shooting skills;
Ƒ Federal, state and local criminal and civil laws
pertaining to the purchase, ownership,
transportation, use and possession of handguns;
Ƒ Techniques for avoiding a criminal attack and
how to control a violent confrontation;
Ƒ Techniques for non-violent dispute resolution
Application Instructions
For a complete outline of eligibility requirements, refer to the New Mexico Concealed Handgun
Carry Act of 2003 (as amended in 2005, 2010, 2015, and 2016) Section 29-1-1 through 14, NMSA
1978 and NMAC 10.8.2 included in this packet. Personal check, cashier’s check, or money order
should be made payable to New Mexico Department of Public Safety (NMDPS CCU). Credit/Debit
cards are also accepted in person at our office in Albuquerque.
Applications may be mailed to:
NMDPS Concealed Carry Unit
6301 Indian School Rd NE Suite 310
Albuquerque, NM 87110
Incomplete applications will not be processed.
Be sure to sign and date all appropriate locations
and provide a witness and notary signature where required.
Your fee will be deposited, and you must meet the guidelines set forth in NMAC 10.8.2.11(C)
Fees are non-refundable NMSA 29-19-5(B)(2)
Fingerprinting Procedures for Concealed Carry License
o Register at https://nm.state.identogo.com
o Select "schedule a new appointment"
o Enter corresponding ORI information:
NM920200Z for civilian $59.00
NM920272Z for military or law enforcement $23.00
o Privacy act statement
o Enter zip code
o Select preferred available time
o Enter applicant information
o Review info and continue to pay screen
o Print or record receipt for use at scheduled appointment
o Fingerprint location will provide a TCN Number after you are fingerprinted
If the fingerprints are not accepted by the FBI for comparison purposes, processing of your
applications may be significantly delayed, and you may be required to submit another set. You may
request to have original documents returned to you by submitting this request along with a
self-addressed, stamped envelope.
Additional information and updates pertaining to NM Concealed Carry are available on the NMDPS
website: http://www.dps.nm.gov.
Check this website periodically for new and updated forms and information on recognition and
reciprocity.
New Mexico Department of Public Safety
CONCEALED HANDGUN LICENSE / CONCEALED CARRY HANDGUN INSTRUCTOR
APPROVAL APPLICATION
Read “APPLICATION INSTRUCTIONS” prior to completing this application.
TYPE or PRINT LEGIBLY IN INK.
Your application WILL NOT be processed unless/until a
ll applicable questions have been answered on page 2 and all
required documents have been submitted.
Be sure to include: IDEMIA fingerprint receipt, authorization to obtain health information form, authorization
for release of information form, a current certificate of firearms training, a photocopy of your New Mexico Driver’s
License or Identification Card, a photocopy of your birth certificate or naturalization certificate (not required if the
Driver’s License is a Real ID), and payment in the form of personal check, cashier’s check, money order, or credit
card for the appropriate amount.
FEES ARE NON-REFUNDABLE
New License Application
Renewal Application (Expiration Date )
Instructor:
New Renewal
Non-Civilian Licenses
Law Enforcement: Current Mounted Patrol Retired (Retirement Date )
Military: Active Veteran (Separation Date )
Last Name: First Name: Middle Name: County of Residency:
Social Security Number:
Fingerprint TCN: (New Applicants Only)
Driver’s License or I.D Number:
DL Issue Date:
Date of Birth: (mm-dd-yyyy) Sex:
M
F
Height: Weight:
Ey Coe lor:
Hair Color: Race:
City of Birth: State of Birth:
Country of Birth other than USA:
Mailing Address:
City:
State: Zip Code:
Physical Address (if different than above):
City:
State: Zip Code:
How long have your lived at the above address?
Years Months
Home Phone Number:
Business Phone Number:
Email Address:
FOR OFFICE USE ONLY:
Form of Payment: Money Order Cashier’s Check Personal Check # Credit Card
The Department of Public Safety acknowledges that on the sum of $ was received by:
Signature of employee accepting application Printed name of employee accepting application
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ALL APPLICANTS PLEASE READ QUESTIONS THOROUGHLY AND ANSWER QUESTIONS BY CHECKING “YES” or “NO”.
YES
NO
1. Are you a citizen of the United States OR permanent resident?
2. Are you a resident of New
Mexico
OR a member of the armed forces whose permanent duty station is located in New Mexico?
3. Are you 21 years of age or older?
4. Have you satisfactorily completed a DPS-Approved Firearms Safety Training Program or Renewal Training Program?
(Training is not required for active military,veterans
under 20 years discharged, and LE retired less than 10 years.)
5. Have you been convict
ed of a felony in New Mexico or any other state or pursuant to the laws of the United States or
any other state or pursuant to the laws of the United States or any other jurisdiction?
6. Are you currently under indictment for a felony criminal offense in New Mexico or any other state or pursuant to the
laws of the United States
or any other jurisdiction?
7. Are you otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing
firearm?
8. Have you been adjudicated incompetent or committed to a mental institution?
9. Are you an unlawful user of, or addicted to, any controlled substances and/or alcohol?
10. Have you received a conditional discharge, a diversion or a deferment, or been convicted of, pled guilty to, or entered
a plea of nolo contendere to a misdemeanor offense involving a crime of violence within the last 10 years?
11. Have you, within five years immediately preceding this application, been convicted of a misdemeanor offense
involving driving while under the influence of intoxicating liquor or drugs?
12. Have you been convicted
of a misdemeanor offense involving the possession or abuse of a controlled substance within
the last 10 years immediately preceding this application?
13. Have you been convicted of a misdemeanor offense involving assault, battery, or battery against a household member?
14. Since the age of 18, have you been arrested for a disqualifying charge?
(Include
final disposition documents with application.)
15. Are you a fugitive from justice?
16. Are you an alien who is residing in the United States illegally or a former citizen of the United States who has
renounced citizenship?
17. INSTRUCTOR APPLICANTS ONLY Do you meet ALL training instructor criteria required under NMAC
10.8.2.22? (If yes, include all proper documentation).
WARNING: Submission of a false answer to any question or submission of a materially false document will result in the denial
of the application and may result in criminal prosecution for perjury (NMSA 30-25-1). Tampering with public records may result
in criminal prosecution under NMSA 30-26-1.
I HEREBY STATE UNDER PENALTY OF LAW THAT:
1. I have read the New Mexico Concealed Handgun Carry Act of 2003 and qualify to apply for a concealed handgun license;
2. I have been furnished with a copy of the state laws relating to concealed handguns and have read and understand them;
3. I want a permit to carry a concealed handgun for lawful purposed, which may include self-defense;
4. The information in this application and any documents submitted in this application is true, correct, and complete to the best
of my knowledge and belief; and
5. I understand a license eligibility investigation will be conducted as a part of the application process; this may involve, but is
not limited to, computerized record searches/ criminal history searches and I authorize the investigation.
Signature of Applicant Printed Name Date
This authorization allows the New Mexico Department of Public Safety (DPS) to obtain confidential
health information about you. The authorization may be revoked by you. It will remain in effect
indefinitely solely for purposes of obtaining information regarding your Concealed Handgun Carry Act
application or permit. You are entitled to a copy of the completed authorization. There may be fees
charged for any copying associated with this request. If you are a person with a disability and you require
this authorization in an alternative format or require a special accommodation to complete this form, you
may request assistance from staff at any DPS location.
1. I authorize the Department of Public Safety to obtain health information as described below.
2. I understand that any information disclosed by any provider of any kind may include
information about behavioral or mental health services, and treatment for alcohol or
dmg/substance abuse and information obtained by the New Mexico Department of Public
Safety from any other provider specifically related to the statutory purposes set out in the
Concealed Handgun Carry Act at Section 29-19-1 to 29-19-13, NMSA 1978.
3. This authorization applies to any health information from any provider or any source relating
to the stated purposes.
4. The health information will specifically be related to (a) adjudication of mental incompetence
or any commitment to a mental institution; (b) any addiction to alcohol or controlled
substances.
5. This health information shall be utilized in order to assess compliance with the purposes of
the Concealed Handgun Carry Act.
Signature of Applicant Date
Signature of Witness Date
NEW MEXICO DEPARTMENT OF PUBLIC SAFETY
AUTHORIZATION TO OBTAIN HEALTH INFORMATION
Applicant Name Printed (First, Middle, Last)
STATEMENT OF UNDERSTANDING:
I understand that I have a right to revoke this authorization at any time. I understand that if I revoke this
authorization, I must do so in writing to the New Mexico Department of Public Safety. I understand that
the revocation will not apply to information that has already been obtained pursuant to this authorization.
I understand that unless I revoke this authorization as stated above, this authorization will continue in full
force and effect. I understand that authorizing the disclosure of this health information is voluntary. I
further understand that revoking this authorization may have consequences regarding my application for a
concealed handgun carry permit, or my ability to continue carrying a concealed handgun if I have already
been issued a concealed handgun carry permit.
ADDRESS:BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
AS AN AUTHORIZED AGENT FOR ME FOR THE PURPOSE OF INSPECTING (AND /OR
OBTAINING COPIES OF) ANY NEW MEXICO ARREST FINGERPRINT CARD SUPPORTED
ARREST RECORD INFORMATION MAINTAINED BY THE DEPARTMENT OF PUBLIC SAFETY,
INCLUDING INFORMATION CONCERNING FELONY OR MISDEMEANOR ARRESTS AND
INFORMATION OBTAINED FROM RELEVANT FINGERPRINT DATABASES.
TO THE CUSTODIAN OF THE RECORDS IN QUESTION, I HEREBY DIRECT YOU TO RELEASE
SUCH INFORMATION TO THE AUTHORIZED AGENT AS DESCRIBED ABOVE.
I HEREBY RELEASE THE CUSTODIAN OR CUSTODIANS OF SUCH RECORDS AND THE
DEPARTMENT OF PUBLIC SAFETY, INCLUDING ANY OF THEIR AGENTS, EMPLOYEES, OR
REPRESENTATIVES IN ANY CAPACITY, FROM ANY AND ALL CLAIMS OF LIABILITY OR
DAMAGE OF WHATEVER KIND OR NATURE, WHICH AT ANY TIME COULD RESULT TO ME,
MY HEIRS, ASSIGNS, ASSOCIATES, PERSONAL REPRESENTATIVE OR REPRESENTATIVES
OF ANY NATURE BECAUSE OF COMPLIANCE BY SAID CUSTODIAN OR CUSTODIANS WITH
THIS "AUTHORIZATION FOR RELEASE OF INFORMATION" AND MY REQUEST CONTAINED
HEREIN FOR THIS RELEASE OR BECAUSE OF ANY USE OF THESE RECORDS. THIS
RELEASE IS BINDING, NOW AND IN THE FUTURE AND IS VALID FOR A PERIOD OF UP TO
120 DAYS FROM THE DATE SIGNED, ON MY HEIRS, ASSIGNS, ASSOCIATES, PERSONAL
REPRESENTATIVE OR REPRESENTATIVES OF ANY NATURE.
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Department of Public Safety - Concealed Carry Unit
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Name (Must Be Printed Legibly) (SSN) (DOB)
New Mexico Department of Public Safety
CONCEALED HANDGUN LICENSE REPLACEMENT CARD APPLICATION
TYPE or PRINT LEGIBLY IN INK.
Your application will not be processed unless all application questions have been answered and all required
documents have been submitted. FOR ANY LICENSE CHANGES, THE CURRENT CARD MUST BE
SURRENDERED WITH APPLICATION AND $10.00 FEE. See NMAC 10.8.2.18 and NMAC 10.8.2.19(A)(4).
FEES ARE NON-REFUNDABLE
10.8.2.19 REPLACEMENT LICENSE:
A.
Change of name address, or status: A licensee who changes his or her name, address or law
enforcement status shall file within 30 days:
1)
an application for a replacement license on the form prescribed by the department;
2)
if applicable, a certified copy of a legal document proving the change of name;
3)
a nonrefundable $10 processing fee; and
4)
if applicable, proof of reemployment with a law enforcement agency.
B.
Loss, theft, or destruction of license: A licensee who loses his or her license or whose license is stolen
or destroyed shall file a police report within 10 days of the date the licensee discovers the loss, theft, or
destruction of the license. The licensee shall not carry a concealed handgun until he or she obtains a
replacement license. A licensee who seeks to replace a license that is lost, stolen, or destroyed shall file
with the department:
1)
an application for a replacement license on the form prescribed by the department;
2)
the case number of the police report;
3)
a notarized statement made under oath that the license was lost, stolen or destroyed; and
4)
a nonrefundable $10 processing fee.
The department shall issue a replacement license within 10 days of receipt of the application.
[10.8.2.19 NMAC - Rp, 10.8.2.19 NMAC, 11-30-16
FOLLOW THE CHECKLIST BELOW FOR YOUR APPROPRIATE CATEGORY BEFORE
SUBMITTING YOUR REPLACEMENT CARD APPLICATION TO THE DEPARTMENT
INCOMPLETE REPLACEMENT CARD APPLICATIONS WILL NOT BE ACCEPTED
Documents needed for a Lost License
Replacement Card Application
Sworn notarized statement about lost license
$10.00 Fee
Documents needed for a Stolen License
Replacement Card Application
Sworn notarized statement about stolen license
OR copy of police report
$10.00 Fee
Documents needed for a Destroyed License
License needs to be returned
Replacement Card Application
Sworn notarized statement about destroyed license
$10.00 Fee
Documents needed for a Change of Address
License needs to be returned
Replacement Card Application
Proof of address change (utility bill, lease, etc.)
$10.00 Fee
Documents needed for a Change of Name
License needs to be returned
Replacement Card Application
Name change documents
$10.00 Fee
Documents needed for an Endorsement
License needs to be returned
Replacement Card Application
Certificate of Completion
from DPS-Approved Instructor
$10.00 Fee
New Mexico Department of Public Safety
CONCEALED HANDGUN LICENSE REPLACEMENT CARD APPLICATION
TYPE or PRINT LEGIBLY IN INK.
Your application will not be processed unless all application questions have been answered and all required
documents have been submitted. FOR ANY LICENSE CHANGES, THE CURRENT CARD MUST BE
SURRENDERED WITH APPLICATION AND $10.00 FEE. See NMAC 10.8.2.18 and NMAC 10.8.2.19(A)(4).
FEES ARE NON-REFUNDABLE
Change of Address Change of Name
Lost / Stolen / Destroyed Add Endorsement Other
Last Name:
First Name:
Middle Name:
Social Security Number:
County of Residency:
Driver’s License Number:
DL Issue Date:
Date of Birth: (mm-dd-yyyy) Sex:
M F
Height:
Weight: Eye Col
or:
Hair Color: Race:
City of Birth: State of Birth:
Country of Birth other than USA:
Mailing Address:
City:
State:
Zip Code:
Physical Address (if different than above):
City:
State: Zip Code:
How long have your lived at the above address?
Years Months
Home Phone Number:
Business Phone Number:
Email Address:
FOR OFFICE USE
ONLY: Form of
Payment:
Money Order Cashier’s Check Personal Check # Credit Card
The Department of Public Safety acknowledges that on the sum of $ was received by:
Signature of employee accepting application Printed name of employee accepting application
WARNING: Submission of a false answer to any question or submission of a materially false document will result in the denial of the application and may
result in criminal prosecution for perjury (NMSA 30-25-1). Tampering with public records may result in criminal prosecution under NMSA 30-26-1.
I HEREBY STATE UNDER PENALTY OF LAW THAT:
1. I have read the New Mexico Concealed Handgun Carry Act of 2003 and qualify to apply for a concealed handgun license;
2. I have been furnished with a copy of the state laws relating to concealed handguns and have read and understand them;
3. I want a permit to carry a concealed handgun for lawful purposed, which may include self-defense;
4. The information in this application and any documents submitted in this application is true, correct, and complete to the best of my knowledge and
belief; and
5. I understand a license eligibility investigation will be conducted as a part of the application process; this may involve, but is not limited to, computerized
record searches/ criminal history searches and I authorize the investigation.
Signature of Applicant Printed Name Date
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YES
NO
Instructor Name and Number:
Course Date(s):
Course location:
1. Why did you take this class?
2. What part of the class did you enjoy most?
3. What part of the class did you enjoy least?
4. What could be improved?
5. Did instructor(s) keep control of the class?
6. Do you feel your class has left you confident in carrying a concealed weapon?
7. Do you feel confident in the knowledge of State, Federal, local criminal and civil laws concerning carrying a
concealed weapon?
8. Has your knowledge of safe handling of single and double action revolvers and semiautomatic handguns
improved after taking this course?
9. Are you better informed in the safe storage of your handgun and child safety?
11. Do you feel this course left you comfortable in your knowledge of shooting fundamentals and the shooting your
firearm?
10. Do you feel the instructor(s) has given substantial training for techniques for non-violent dispute resolutions and
techniques for avoiding criminal attacks?
12. Did you get a copy of the NM Concealed Carry Act? (Virtual or Physical)
13 Did the class begin and end on time?
14. Was/Were the instructor(s) fair? If not, please comment.
Student Questionnaire for Concealed Carry
Class
Thank you for taking the time to complete this NM DPS concealed carry class
questionnaire. This survey is anonymous unless you request to be contacted. If
you request to be contacted, please leave your name and contact number at the
bottom of this form for further assistance from the department.
15. Did the instructor(s) encourage questions/participation?
16. Would you like the department to contact you regarding this survey?
Name:
Phone number:
Questionnaire may be submitted to:
NMDPS Concealed Carry Unit, 6301 Indian School Rd NE Suite 310, Albuquerque, NM 87110
OR