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View Full Version : New Mexico CCW in liquor establishments


snoball
10-23-2007, 11:04 AM
As of July of this year, the revisions to the NM CCW law now permits CCW license holders to carry concealed into stores that sell liquor but do not dispense it. It used to be illegal to carry concealed in grocery stores, convenience stores, Wal-Mart, Sams Club, etc. because they sold liquor. While the law changed, many stores have left the "No Firearms permitted" signs on their entrances. I wrote the General Manager and CEO of Sams Club this week to ask them to remove the signs. Wal-Mart (at least some) has removed the signs, but Sams still has them at all Albuquerque locations. If you see a sign on a business, ask them to remove it.

junglebob
10-23-2007, 01:38 PM
I thought Walmarts policy was always to allow conceal carry or open carry if the states laws allowed it.

snoball
10-23-2007, 06:53 PM
I have seen the 1999 letter from Wal-Mart which says they honor concealed carry laws of the state, but Sam's Club apparantly is a different branch. I provided the Wal-Mart letter to the Sam's Club CEO in hopes of them honoring the same policy. We will see.
Does anyone else have a local Sam's Club which does not post a "Firearms Prohibited" sign??? I would use them as an example.

Bill of Rights
10-23-2007, 09:17 PM
Does anyone else have a local Sam's Club which does not post a "Firearms Prohibited" sign??? I would use them as an example.

Lafayette, Indiana has no such sign. I would doubt that anywhere in Indiana does, in fact. Good luck.

Cogito, ergo porto.

Blessings,
M

kcty
10-23-2007, 11:03 PM
The Kansas City, MO Sam's Club that I go to does not have a sign either.

Probably not the same in NM, but it doesn't concern me terribly when a business has a no firearms sign in MO. The law allows us to enter the business with a concealed firearm anyway (provided we are licensed for it). We only have issues if they see the firearm and ask us to leave. If we do not leave and the police are called, we will get fined. Otherwise, it is perfectly lawful to carry in these businesses.

snoball
10-23-2007, 11:09 PM
Unfortunatley, the CCW law in NM specifically states that private businesses need on post a sign or verbally tell customers that firearms are prohibited and if you carry, it is a 4th degree felony!! I wish our laws were like yours.

Bill of Rights
10-23-2007, 11:20 PM
I wish our laws were like yours.

Contact your state senator and state rep, snoball... they're the ones who can make the difference. It should not be a crime just to carry a weapon. If someone is hurt or killed, punish the crime, but if no harm is done, no injury suffered, what is the crime? Businesses are safer with CCW than without.

Alternatively, you can go about the same plan that OH did.

https://secure.ohioccw.org/catalog/images/no_guns_cards.gif

(Note that I am in Indiana, not Ohio)

Cogito, ergo porto.

Blessings,
M

snoball
10-26-2007, 04:07 PM
St. Michael- I have written our State Senators, NM Representatives and Gov. Bill Richardson many times over the last 5 years as we got CCW laws. Each time they needed to tweak something but this sign posting is in the law and left up to each business to post as they wish...nothing more the lawmakers can do. I wish were banned from posting signs, but the lobbyists wanted to be able to have businesses opt out. It sucks, but most do not post.

Bill of Rights
10-26-2007, 07:04 PM
Snoball,

One thing to request of your lawmakers might be to remove any extra penalty other than trespassing for going somewhere that is posted. Here in Indiana, if my Sam's Club did have a sign reading "no guns", it would not matter. I can walk in carrying openly or concealed and until I'm asked to leave and refuse to do so, no crime has been committed. (the same as is true if I go in without a weapon) It's a good feeling to know that there are only 11 places according to state law that the above situation is not true, the majority of which I don't ever go anymore and some of which I go to only on very rare occasions.
There are some local places that are forbidden, and those are, I think, worthy of review and correction, like the county courthouse, and of course the ridiculous federal locations, ie post office and federal building, among others, none of which laws have ever stopped a criminal bent on causing mass murder and/or destruction.

Those places I cannot carry according to state law are:
In or On School Property.
On A School Bus.
In or On Property That Is Being Used By A School For A School Function.
Private School (IC 20-9.1-1-3) & (IC 35-41-1-24.7).
Head Start (IC 35-41-1-24.7
Preschool (IC 35-41-1-24.7).
IC 35-47-9-1 Allows the carry of firearms by persons permitted to
possess and who are transporting a person to or from school or a school
function.
On an Aircraft.
Controlled Access Areas Of An Airport
A Riverboat Casino.
During Annual State Fair 80 IAC 4-4-4 (Must lock in Vehicle.)
Shipping Port 130 IAC 4-1-8 (Controlled by the Indiana Port Commission)
Admin note
68 IAC 1-7-1 (b)(d) This section Covers Firearms and Casinos and states
only LEO's and Security can carry. It also states they must give you a
place to secure your firearm if you wish to come aboard.

I have no reason to go to any public K-12 school or on a school bus. I don't hit the riverboat casinos or go to state far, or into shipping ports, so for me, that leaves on a plane or in the sterile areas of airports (and of course, the State House).

Not too shabby, all things considered.

Cogito, ergo porto.

Blessings,
M

cranners99
10-26-2007, 10:42 PM
I guess that I'm lucky, I live just North of Orlando and have never seen a 'No Weapons" sign on any establishment I frequent. If I did, I'd move into boycotting mode, etc.

The FL Statutes say:
"No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05;
any police, sheriff, or highway patrol station;
any detention facility, prison, or jail;
any courthouse;
any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
any polling place;
any meeting of the governing body of a county, public school district, municipality, or special district;
any meeting of the Legislature or a committee thereof;
any school, college, or professional athletic event not related to firearms;
any school administration building;
any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
any elementary or secondary school facility;
any career center;
any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft;
or any place where the carrying of firearms is prohibited by federal law.

Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083."

A place of nuisance is:
"Places declared a nuisance; may be abated and enjoined.--Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or shall be frequented by the class of persons mentioned in 1s. 856.02, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06."

Later, Cranners

snoball
12-09-2007, 11:50 AM
New Mexico's laws were changed to permit CCW in liquor establishements that did not dispense on premises...this should have made it legal in supermarkets, convenience stores, Wal-Mart, Sam's Club, etc.
Both Wal-Mart and Sam's Club have contacted me in writing and by phone to say they permit CCW in theirs stores, but have problems in NM and TX with alcohol issues. I found out that the Alcohol and Gaming Division has NOT changed their regulations about posting. Since they are still citing all alcohol establishments that do not post "NO FIREARMS" signs, the businesses have to post or be cited and fined. Alcohol and Gaming is doing this despite the legislature making it legal for CCW holders. Their problem is that now they have to issue signs that say "NO FIREARMS...except CCW license holders". I have written them (and the Governor) asking to have the correct signs posted.
On a side note, they did change the law to make it only a Petty Misdemenaor (like trespassing) if you are caught carrying concealed in a business that posts "NO FIREARMS"...if it is not a place serving liquor...then it is a 4th Degree Felony...like the Courthouses, etc.

snoball
01-26-2008, 09:32 AM
After corresponding with Wal-Mart HQ in Bentonvile, they issued a letter to all NM stores (including Sam's Club) to remove all "No Firearms" signs. They are going to use the new law and ignore the Alcohol & Gaming rules until they are updated. I have to hand it to them ...the ATF Compliance group at Wal-Mart is very pro-gun.
The State Senator that introduced the SB111 to permit CCL holders to carry in package liquors has agreed to meet with Alcohol & Gaming this week to get them to update their rules to match the NM legislation. Looks like we will be able to carry without any worry in package stores soon.