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Thread: new mexico knife laws?

  1. #1
    Join Date
    Sep 2011
    Location
    Crofton Md
    Posts
    198

    new mexico knife laws?


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    Im going to philmont next week, and I will be spending a few days in albuquerque first, so I was wondering if my zt 350 was legal to carry, and if so then do I have to open carry or can i carry concealed?

    thanks for all of your help,
    KB3UBW

  2. #2
    Join Date
    Dec 2004
    Location
    Maryland
    Posts
    1,015
    The state's definition of "deadly weapon" is incredibly vague and count potentially be applied to any sharp object. It does not explicitly say any sort of folder is illegal. It just uses language that could be applied to them, or any other knife. That said, the culture of New Mexico is likely to be a bit more lenient on knives than say, New York. If you're minding your own business, you're not likely to be searched, much less charged for a pocketknife.


    Obligatory Statute Dump (truncated for brevity):

    30-1-12. Definitions.
    A. "great bodily harm" means an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body;
    B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which 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;
    30-7-1. "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.
    30-7-2. Unlawful carrying of a deadly weapon.
    A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
    (1) in the person's residence or on real property belonging to him 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;
    ...
    (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [29-19-1 NMSA 1978].
    B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
    C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.
    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.
    Sources:
    http://www.conwaygreene.com/nmsu/lpe...2.0#JD_30-1-12
    http://www.conwaygreene.com/nmsu/lpe...&2.0#JD_30-7-1
    http://www.conwaygreene.com/nmsu/lpe...&2.0#JD_30-7-2
    http://www.conwaygreene.com/nmsu/lpe...&2.0#JD_30-7-8

  3. #3
    Join Date
    Feb 2010
    Location
    New Mexico
    Posts
    167
    I regularly carry a fixed blade knife in New Mexico and I travel all over the state. NEVER had any issues. Albuquerque because it is the largest city in the state is the only place I ever take it off and even then it is only when I enter bars etc... I don't even do that when I'm carrying a folder. New Mexico is still a cool state to live in. :-)

  4. #4
    Join Date
    Feb 2010
    Location
    New Mexico
    Posts
    167
    Sorry I didn't address your particular knife... I'm not familiar with too many "modern" models. If it's auto you're only suppose to have it in your posession if you're military or law. However I know too many guys to count who carry auto without a care in NM. Just be careful and you'll be fine. I've been told by knife shops that assisted is fine and all of the ones I shop at will sell assisted knives to civilians, however by reading the laws above that could be a mistake. Hope this helps. Enjoy NM.

  5. #5
    Join Date
    Oct 2010
    Location
    Eastern New Mexico
    Posts
    755
    I have lived in NM for most of my life and I've never had a problem carrying any sort of knife.

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