Updated July 2026
New Mexico protects the right to own and carry firearms, but there are still ways to end up charged. The most serious is felon in possession of a firearm, a third-degree felony. Others include carrying a concealed weapon without a license and carrying where it is not allowed. Many weapons charges ride along with a drug or violent case. Call (505) 247-1973 for a free review.
New Mexico is an open-carry state, and most law-abiding adults can carry a firearm openly without a permit. That makes it easy to assume you are in the clear when you are not. A prior felony, a concealed gun without a license, or a firearm found during another arrest can all turn into charges that put your freedom and your gun rights on the line.
Common Weapons Charges in New Mexico
- Felon in possession of a firearm — if you have a prior felony, possessing a gun is a third-degree felony, with a basic sentence of 3 years in prison.
- Unlawful carrying of a deadly weapon — carrying a concealed loaded firearm without a concealed-carry license is generally a petty misdemeanor.
- Carrying in a prohibited place — such as a licensed liquor establishment, a school, or certain public buildings.
- Negligent use of a deadly weapon — including firing a gun carelessly or handling it while intoxicated.
A domestic violence conviction also bars firearm possession under federal law. See domestic violence for how that works.
Is This You?
Maybe you had a gun in the car for protection and did not know the rules on concealment. Maybe an old felony from years ago means the gun in your home is now a crime. Maybe a firearm turned up during a traffic stop or a search, and suddenly it is stacked on top of another charge. You are worried about prison and about losing your right to protect your family.
Mr. Nieto has handled these cases across New Mexico and knows how often a weapons charge really comes down to an illegal search or a technicality the State is stretching.
Talk to Mr. Nieto. The first call is free, and he answers it himself.
Call (505) 247-1973How Firearm Rights Work Here
Open carry of a loaded firearm is legal for most adults in New Mexico without a permit. Concealed carry, however, generally requires a state license. Certain people are barred from possessing firearms at all, including anyone with a felony conviction and anyone convicted of a domestic violence offense under federal law. And certain places, like schools and licensed bars, are off limits. The trouble usually starts when one of those lines is crossed, sometimes without the person realizing it.
What Happens Next
- Charge. A misdemeanor weapons charge runs through Metro or Magistrate Court; felon-in-possession moves to District Court.
- Discovery. Mr. Nieto reviews how the firearm was found and whether the search that produced it was legal.
- Motions. If the gun came from an illegal stop or search, Mr. Nieto moves to suppress it, which can end the case.
- Resolution. Many weapons charges are dismissed, reduced, or resolved without a felony conviction.
How Mr. Nieto Defends Weapons Cases
Most gun cases turn on how the firearm was discovered. Mr. Nieto challenges the stop, the search, and whether the State can even prove the gun was yours or that you knew it was there. In felon-in-possession cases, he examines the prior conviction and whether possession can really be shown. When a weapons charge is stacked on a drug case or a felony, he defends the whole case as one, so the pieces are not used to make each other look worse.