State · NM
New Mexico gun laws
Here's a plain-language look at New Mexico's own firearm laws, topic by topic. Federal law applies here too, so it's worth reading the federal page alongside this one. City and county rules aren't covered, and some places have stricter ones.
At a glance: Permit needed to carry concealed
Recently changed or in flux
- In courtWaiting period: the 10th Circuit found it likely unconstitutional, but the final judgment is limited to two plaintiffs (Aug. 2026). A new federal lawsuit filed Oct. 19, 2026 (NSSF v. Torrez, D.N.M.) by industry and gun-rights groups, dealers and a gun owner asks for broader relief. The state has appealed the Ortega judgment to the 10th Circuit (No. 26-2170, docketed Sept. 29, 2026), and the NSSF plaintiffs asked for a preliminary injunction on Oct. 22, 2026.
- Pending legislationUNVERIFIED: a 2026 bill (SB 17) to restrict certain semi-autos was reported to have died, but this wasn't confirmed on the legislature's site.
Permit to purchase#
- Handguns
- No state permit required. Licensed dealers run the federal NICS background check.
- Long guns
- No state permit required. Licensed dealers run the federal NICS background check.
Registration#
- No state firearm registration.
Carrying a handgun#
- Permitless carry
- No for concealed carry; open carry is allowed.
- Concealed carry permit
- Shall-issue (officials must issue a license to anyone who qualifies): the DPS Concealed Handgun License, for ages 21 and older.
- Open carry
- Legal without a license.
- Reciprocity
- Before you travel, check the current recognition list on the state's official page, because these lists change.
“Assault weapon” rules#
- None at the state level.
Magazine limits#
- None at the state level.
Waiting period#
- 7 calendar days for all firearm sales (since May 2024). A federal court (Aug. 27, 2026) permanently blocked enforcement only for the two named plaintiffs in Ortega v. Lujan Grisham; per NM DPS, the waiting period remains in effect for everyone else. CHL holders and some others are exempt.
Background checks and private sales#
- Yes, universal (2019).
Red flag (ERPO) law#
- Yes (2020)
Suppressors, SBRs and SBSs#
- Suppressors
- Legal to own under state law if federal requirements are met (see the national NFA note).
- Short-barreled rifles and shotguns
- Legal under state law if federal requirements are met (see the national NFA note).
About the October 2026 federal NFA change
On October 9, 2026, ATF said it will stop enforcing the NFA's approval and registration requirements for suppressors, short-barreled rifles and shotguns, and AOWs. Where New Mexico allows these items only if federal requirements are met, it isn't settled how state law treats an item that is no longer federally registered. Check with state authorities before relying on ATF's change.
Ammunition#
- No state background check, license or permit for buying ammunition was identified.
Minimum ages#
- Handgun purchase
- 21 from a licensed dealer (federal law). In a private sale, 18: federal law bars anyone from selling or giving a handgun to someone under 18 (18 U.S.C. § 922(x)). New Mexico also bars anyone under 19 from possessing a handgun, with exceptions such as supervised hunting, target shooting and safety courses (NMSA 1978, § 30-7-2.2).Unverified: We haven't confirmed this against the statute yet. Check the official source. See the note below.
- Long gun purchase
- 18 from a licensed dealer (federal law). In a private sale, federal law sets no minimum age.
Unverified: New Mexico's under-19 handgun rule and its private-sale background check law (NMSA 1978, §§ 30-7-2.2, 30-7-7.1) are based on secondary sources; we couldn't read the official New Mexico code to confirm them or whether a dealer-processed private sale makes the handgun age 21 in practice. We haven't confirmed this against the statute yet, so check the official source.
Shipping and buying online#
- We found no notable state shipping restrictions. The usual federal rules apply: firearms ship to a licensed dealer, and handguns must go to a dealer in the buyer's home state. Check city and county rules too.
Buying a firearm online means it ships to a licensed dealer, who completes the transfer. Find one near you in the Dealer Finder. Retailers make the final call on what they'll ship, so always check their policy too.
Pending legislation and litigation#
Bills, ballot measures, rules and court cases that could change the rules in New Mexico. We check this list every week; last scan . See everything we're tracking.
Open (2)
NSSF v. Torrez (7-day waiting period)
No. 1:26-cv-03514 · U.S. District Court, District of New Mexico
Status:
Firearm industry and gun-rights groups, New Mexico dealers and a gun owner filed a new lawsuit against the Attorney General over New Mexico's 7-day waiting period. An earlier case (Ortega v. Lujan Grisham) ended with relief for only two named plaintiffs, and the state still enforces the waiting period for everyone else. This suit asks for broader relief.
What it would change: If the challengers win, the waiting period could be blocked for many more buyers and sellers, not just the two Ortega plaintiffs.
Status history (2)
- :
- :
Sources:CourtListener docket - NSSF v. Torrez, No. 1:26-cv-03514 (D.N.M.) ↗
Added · Last checked
Ortega v. Lujan Grisham (7-day waiting period appeal)
No. 26-2170 · U.S. Court of Appeals, 10th Circuit
Status:
After the district court ruled that New Mexico's 7-day waiting period can't be enforced against the two plaintiffs, Samuel Ortega and Rebecca Scott, the Governor and Attorney General appealed to the 10th Circuit. The waiting period still applies to everyone else.
What it would change: If the state wins the appeal, the waiting period could apply to the two plaintiffs again. If the plaintiffs win, the judgment stands, but it still only protects them; the separate NSSF v. Torrez case asks for broader relief.
Status history (2)
- :
- :
Sources and official links#
- NM DPS - 7-Day Waiting Period · Officialhttps://www.dps.nm.gov/7-day-waiting-period/
- NSSF v. Torrez docket, No. 1:26-cv-03514 (D.N.M.), via CourtListener · Court recordhttps://www.courtlistener.com/docket/74987941/national-shooting-sports-foundation-v-torrez/
- 10th Cir. docket 26-2170 (Ortega v. Lujan Grisham), via Justia Dockets · Court recordhttps://dockets.justia.com/docket/circuit-courts/ca10/26-2170
New Mexico entry last reviewed . Official state sites can move or change; if a link stops working, search the agency's site for the same title.
Notes that apply everywhere
Federal NFA change (suppressors, SBRs, SBSs, AOWs)
Congress set the federal NFA making and transfer tax to $0 for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs) and 'any other weapons' effective January 1, 2026 (One Big Beautiful Bill Act, 2025). After a federal district court ruling (Silencer Shop Foundation v. ATF, N.D. Tex., Aug. 5, 2026), ATF published an open letter from Director Robert Cekada, a press release, a fact sheet and an FAQ saying that as of October 9, 2026 it will not enforce the NFA's approval, registration, tax-stamp and related requirements for those four items, for everyone. Machine guns and destructive devices remain fully regulated. The Gun Control Act still applies, including dealer background checks, the prohibited-person rules, and an approved Form 20 to take an SBR or SBS across state lines, and dealers still may not sell in violation of state or local law. ATF says this does not override state or local law. A state that bans these items still bans them. Many state laws make these items legal only if they are 'registered' or 'lawful under federal law', and how those state laws apply to unregistered items is currently unclear. ATF also warns that enforcement could resume if the law, the ruling or DOJ policy changes. Keep this note in mind whenever you read a state's suppressor, SBR or SBS entry.
U.S. Supreme Court 'assault weapon' cases
The Supreme Court granted review (June 30, 2026) in Viramontes v. Cook County (No. 25-238, a Cook County, IL ordinance) and Grant v. Higgins (No. 25-566, Connecticut). The question is whether the Second Amendment protects possession of AR-15-platform rifles. The cases are scheduled for oral argument on December 2, 2026 (not yet argued as of October 15, 2026), and a decision is expected by mid-2027. Magazine-limit petitions (for example Duncan v. Bonta from CA and NAGR v. Lamont from CT) and New Jersey's petition (No. 26-452) were pending as of mid-October 2026. Every state 'assault weapon' and magazine entry could change as a result.
supremecourt.gov ↗supremecourt.gov ↗supremecourt.gov ↗supremecourt.gov ↗supremecourt.gov ↗
Wolford v. Lopez (U.S. Supreme Court, June 25, 2026)
The Court struck down Hawaii's rule that licensed carriers may not carry on private property open to the public without the owner's express permission. Similar 'default no-carry on private property' rules in some other states (for example CA, NY, NJ and MD) may be affected. This guide hasn't verified how each state has responded.
Federal minimum ages
Under federal law, licensed dealers may sell handguns only to buyers 21 and older, and long guns only to buyers 18 and older. Federal courts have split on whether the 18-20 handgun-sale restriction is constitutional, and this guide doesn't try to resolve that litigation. State rules on how old minors must be to possess guns aren't fully covered here.
Local ordinances
Many cities and counties (for example Chicago and Cook County, IL; Denver and Boulder, CO; Philadelphia, PA; and New York City) have rules stricter than state law. This guide covers state-level law only.
All states, DC and territories · Federal law
Disclaimer
The firearm law information in Firearms Almanac's Laws & Regulations guide (federal, state and territory) is provided for general informational purposes only and is not legal advice. It is not a substitute for advice from a licensed attorney in your jurisdiction. Firearm laws change frequently, differ by city and county, and are often affected by court decisions that can take effect with little notice. We try to keep this guide accurate and cite official sources, but we make no guarantee that any entry is complete, current, or correct, and we are not responsible for actions taken based on it. Before buying, selling, carrying, transporting, or shipping any firearm, ammunition, magazine, or accessory, check the current law with the official federal, state or territory source linked on each page and, where appropriate, a qualified attorney. Retailers listed on this site set their own shipping and sales policies and are responsible for complying with the law. Each entry shows the date it was last checked. See also our site Disclaimer.