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Thread: Knife Laws in New Mexico?

  1. #1
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    Knife Laws in New Mexico?


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    I would really like to know what the laws are regarding knives here in New Mexico? The local knife store will tell you the blade limit is 4 inches. The police officers in the Air National Guard, I serve in, don't know the knife laws other than switchblades are illegal. Any information on concealment, blade length ect.?

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    Here is the site I used to gather the info:
    http://www.lawsource.com/also/usa.cgi?nm

    I couldn't find anything on blade length.


    30-7-1. "Carrying a deadly weapon."

    "Carrying a deadly weapon" means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.

    History: 1953 Comp., § 40A-7-1, enacted by Laws 1963, ch. 303, § 7-1


    30-7-8. Unlawful possession of switchblades.

    Unlawful possession of switchblades consists of any person, either manufacturing, causing to be manufactured, possessing, displaying, offering, selling, lending, giving away or purchasing any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.
    Whoever commits unlawful possession of switchblades is guilty of a petty misdemeanor.

    History: 1953 Comp., § 40A-7-7, enacted by Laws 1963, ch. 303, § 7-7



    ------------------
    Dennis Bible

  3. #3
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    Thanks Dennis, I wonder if the 4 inch limit is a local law or just a guideline? Hmmm.

  4. #4
    30-1-12. Definitions. (1963)
    B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;

    30-7-2. Unlawful carrying of a deadly weapon. (2001)
    A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
    (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
    (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

    30-7-8. Unlawful possession of switchblades. (1963)
    Unlawful possession of switchblades consists of any person, either manufacturing, causing to be manufactured, possessing, displaying, offering, selling, lending, giving away or purchasing any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.
    Whoever commits unlawful possession of switchblades is guilty of a petty misdemeanor.

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    Bringing this back from the dead, is owning a Assisted Opening Knife, considered to be a switchblade?

    I know this has been a highly debate topic, read a thread or two, but there was never no definite answer to it. I have a SOG Rescue, no button on the handle.. and I'm also interested in getting a Kershaw A/O but that isn't a "button" or anything that's on the handle, it's on the blade..

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    Quote Originally Posted by NM08SRT8 View Post
    Bringing this back from the dead, is owning a Assisted Opening Knife, considered to be a switchblade?
    My understanding is that an assisted opening knife is not considered a switchblade. Of course it's possible a police officer might not understand the difference between the two since it's technical. And for what it's worth, since you posted in a New Mexico thread, I was there just a few months ago and there were a lot of assisted opening knives for sale in a knife shop in Santa Fe.

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    I was just thinking the same thing with them being sold. I just picked up a Kershaw Tanto Blur at WalMart.. Started thinking about it.. they don't sell illegal anything.. So if they are selling these, I should be fine!

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    I would think the definition "deadly weapon" would cover any cutting implement. The way I read it is anything that can be used in your hand as for inflecting hurt on a living being could be considered a deadly weapon. NM has all angles covered with that one. I would guess "in commission of a crime" would be a key sentence to include because it is generally up to the police as to whether it goes any further than merely possession. Scarey thought, huh.

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    Quote Originally Posted by clayton c View Post
    I would think the definition "deadly weapon" would cover any cutting implement. The way I read it is anything that can be used in your hand as for inflecting hurt on a living being could be considered a deadly weapon. NM has all angles covered with that one. I would guess "in commission of a crime" would be a key sentence to include because it is generally up to the police as to whether it goes any further than merely possession. Scarey thought, huh.
    yep, very scary, but more than just cutting tools. it's so open ended it could include pretty much anything with it's terminology that says "or any weapon which is capable of producing death or great bodily harm, including but not restricted to."

    that could define a h/o out in the public street right in front of their home with a pair of hand sized garden shears in a sheath on their belt under their tshirt talking to a neighbor, as a criminal carrying a deadly weapon. i'd have to research the case law to see what that terminology has been reduced to.....but goes to show new mexico has covered it's bases for controlling and being able to turning law abiding citizens into criminals when they feel the need to.

    no thanks. no wonder more and more go to arizona with it's freedom and repsect for it's citizens attitude, rather than new mexico with it's restrictive and oversight attitude.

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    ^^ Could be wrong but I think you're misinterpreting the state law in New Mexico, in particular this section:
    30-7-2. Unlawful carrying of a deadly weapon. (2001)
    A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
    (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
    (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

    So it seems as if New Mexico frowns on concealed carry. If someone can find a source which states that the open carry of knives is forbidden in New Mexico, I'll stand corrected.
    Also, though I don't live there I've visited New Mexico maybe a dozen times in the last 15-odd years. It's hard for me to imagine a state that permits the open carry of firearms to be the same state that would be cracking down on knife-carrying. Of course there are regional differences. Maybe the cops are harsher in Albuquerque than in the middle of nowhere up North, but for what it's worth the attitude I've encountered is pretty mellow and permissive.

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    Quote Originally Posted by Jesse B. View Post
    ^^ Could be wrong but I think you're misinterpreting the state law in New Mexico, in particular this section:
    30-7-2. Unlawful carrying of a deadly weapon. (2001)
    A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
    (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
    (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

    So it seems as if New Mexico frowns on concealed carry. If someone can find a source which states that the open carry of knives is forbidden in New Mexico, I'll stand corrected.
    Also, though I don't live there I've visited New Mexico maybe a dozen times in the last 15-odd years. It's hard for me to imagine a state that permits the open carry of firearms to be the same state that would be cracking down on knife-carrying. Of course there are regional differences. Maybe the cops are harsher in Albuquerque than in the middle of nowhere up North, but for what it's worth the attitude I've encountered is pretty mellow and permissive.
    I may in fact be doing exactly that. If I was overzealous I have no problem retracting my exaggeration to make my point. The section for the definition 30-1-12 is what I quoted. Very open and unlimited defition of what a deadly weapon is. To determine what is and isn't we'd have to go to case law. The section of the law you quoted is a law rather than a definition but from what I can tell is states the deadly weapon part....which in 30-1_12 which as written doesn't exclude anything.

    As for new mexico I was summing up what the former gov gary johnson said about his state vs. its neighbor az. Like yourself I been to nm, but only the bigger cities. I found the folks pleasant and nothing stood out as being a bad place. My comments were really a remark on the laws. Whether they are enforced or not and whether case law has narrowed it down or not? Don't know. Either way I won't live anywhere, laws enforced or not, that over regulates and doesn't trust its law abiding citizens. Before you ask my own home state has a long way To go. I give it a pass, cause I can carry a switchblade or machete legally. Wth my ccw I can carry any weapon I choose or multiples. Any knife except for a ballistic and any length. New hampshire and az are still ahead of my state and I use them for benchmarks of where every citizen should demand their state head towards. my own state and new mexic included. More freedom is never a bad thing, unless you are the govt.

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    yes it was. nice follow up, thanks for clearing my confusion, and clearing the air on interpretations of the laws in your state. even better by a criminal defense lawyer. greatly appreciated.

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    It may have gotten a little better - this relatively recent case is worth a read:

    http://law.justia.com/cases/new-mexi...2009/1fa8.html

    So, whether a given pocket knife is a deadly weapon in NM is a question for a jury. This case by Chief Justice Daniels may clear things up a good bit and is certainly essential reading for someone looking to understand NM knife law.
    Last edited by Erich; 12-14-2011 at 02:49 PM.

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    very good read thank you, Sir. interesting how the justices even said about the baseball bat could be considered a deadly weapon even being carried to a baseball field for play, etc. so i wasn't too far off.....

    the fascinating part, if i read it right and i did skim a bit, is it still makes any object that falls within the definition of a deadly weapon left up to be determined by a jury. if it is being carried to do a crime or used to commit one. doesn't it? maybe i skimmed too much and missed the part clearing the definitions up on deadly weapons?

  16. #16
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    Sorry, I'm afraid that I don't follow what you're asking.

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    Quote Originally Posted by Erich View Post
    Sorry, I'm afraid that I don't follow what you're asking.
    cause i type poorly, think that's bad you should hear me talk. i apologize.

    meant to ask about deadly weapons but..... not talking knives. other objects sticks, bats, canoe paddle, etc....that could fall under the "deadly weapon" definition. the case law leaves that up to the jury to decide if the object falls under being a "deadly weapon?" correct or i'm way off? thanks!

  18. #18
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    Ah! You are correct: if the prosecution is alleging that something that's not on the list of deadly weapons is in fact a deadly weapon, then by New Mexico case law (Bonham and Montaño are the lead cases on this - I think one was a case in which the prosecution alleged a wall was a deadly weapon and the other a trivet like you have in the kitchen) the jury must determine that it was in fact being used as a deadly weapon.

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