New Mexico Gun Laws

NM
moderate

Firearm Regulations

Assault Weapon Ban
No
Mag Capacity Limit
No
Permit to Purchase
No
Firearm Registration
No
Concealed Carry
Shall Issue
Open Carry
Yes, no permit
Red Flag Law
Yes
Background Check (Private)
Yes
NFA Weapons
Unrestricted
State Preemption
Yes

Key Notes

Universal background checks for private sales since July 2019. 7-day waiting period ruled unconstitutional. Loaded firearm may be transported in vehicle without permit.

  • •Yes (Background Check Private) — Universal background checks for all private sales have been in effect since July 2019. All transfers must go through a licensed dealer.
  • •Shall Issue (Concealed Carry) — The state must issue a concealed carry permit to qualified applicants. Training and a background check are required.
  • •Yes, no permit (Open Carry) — Open carry is legal without any permit. A loaded firearm may be transported in a vehicle without a permit.
  • •Unrestricted (NFA) — All NFA items (SBRs, SBS, suppressors, machine guns, destructive devices) are legal under state law. Federally, ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Machine guns and destructive devices still need ATF approval.
  • •Yes (Red Flag Law) — New Mexico has an Extreme Risk Firearm Protection Order allowing petitions for temporary firearm removal.
  • •State Preemption: Yes — Local governments cannot enact their own firearm regulations that conflict with state law.

Last updated October 10, 2026

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How New Mexico Law Affects Your Build

Plain-English implications for builders, derived from the regulations above.

Standard AR-15 Configurations Allowed

New Mexico does not restrict semi-automatic rifles by feature. Standard AR-15 configurations — including pistol grips, collapsible stocks, threaded barrels, and flash hiders — are legal for sale and ownership.

No Magazine Capacity Limit

Standard 30-round AR-15 magazines (and larger drums) are legal for sale and use in New Mexico.

NFA Items Permitted

New Mexico allows ownership of NFA items under state law, including suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBS); machine guns still need an approved ATF transfer. ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Some states only allow suppressors and SBRs that are federally registered or possessed in compliance with federal law. Check your state's statute before you buy.

Background Checks on Private Transfers

New Mexico extends background-check requirements beyond licensed-dealer sales (Yes). Private transfers of complete firearms typically must run through an FFL.

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New Mexico Gun Laws — Frequently Asked Questions

Is the AR-15 legal in New Mexico?
Yes. New Mexico does not have an assault weapon ban. Standard AR-15 rifles are legal to own, purchase, and build.
What is the magazine capacity limit in New Mexico?
New Mexico has no magazine capacity limit. Standard 30-round AR-15 magazines and larger capacities are legal.
Does New Mexico require a permit to buy a firearm?
No. New Mexico does not require a state-level permit or license to purchase a firearm. Federal background-check requirements still apply at licensed dealers.
Can I conceal carry in New Mexico?
New Mexico concealed carry status: Shall Issue. The state must issue a permit to applicants who meet the qualifying criteria.
Is open carry legal in New Mexico?
New Mexico open carry: Yes, no permit. Local restrictions may still apply in cities, parks, schools, or government buildings.
Are suppressors and SBRs legal in New Mexico?
Yes. New Mexico allows suppressors, short-barreled rifles (SBRs), and short-barreled shotguns under state law. Taking an SBR or SBS across state lines still needs an approved ATF Form 5320.20. ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Some states only allow suppressors and SBRs that are federally registered or possessed in compliance with federal law. Check your state's statute before you buy.
Does New Mexico require background checks for private sales?
Yes. Background-check requirements in New Mexico extend beyond licensed-dealer sales — most private transfers must run through an FFL.

Sources & Further Reading

Verify current New Mexico firearm law with these authoritative resources. Laws change — always confirm with primary sources before purchasing or carrying.

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Legal Disclaimer: This page is for informational and educational purposes only and does not constitute legal advice. Firearm laws change frequently and vary by jurisdiction. Always verify current regulations with official state sources, a qualified attorney, or local law enforcement before making purchasing or carrying decisions. GunPartPicker is not responsible for errors, omissions, or actions taken based on this information.