School Property

[jlrea]

I live in NM, which seems to have an extended domain -- you can do anything in your car you can do in your home, including carrying a weapon, regardless of whether you have CCW permit or not -- but I have trouble interpreting the law as it pertains to school property. I have also studied laws in other states for some hint of what is expected in NM. I do have CCW permit, but am interested in the more general case. Some thoughts/points/questions:
1) NM law permits a traveler to cross the state with a weapon in their auto, concealed and loaded, regardless of whether or not that person has a CCW permit. This is an example the Department of Public Safety uses in its FAQs on-line. But would it permit this person to drive onto school property?
2) Going further with the above, NM law also says that a person with a CCW permit may not carry it on school property. Does that hold if the weapon is in an automobile, or was it written just to cover the case of individuals who are not in an automobile?
3) If I can carry a weapon in my automobile, I assume I can also carry it in an automobile I have rented or leased. But can I carry it in someone else's automobile?
4) Some states seems to interpret very broadly the question of what constitutes schools, including in the definition any place where a school activity is underway. So if the school football team has stopped at a restaurant on the way back from a game, does that place this restaurant off limits during that time?

[Bill of Rights]

Welcome to CarryConcealed! These are all great questions, but I only know of one lawyer on here, and he's not licensed (that I know of) in New Mexico. You may get several answers, but I would not depend on any of them as absolute fact until they're verified by someone with that particular sheepskin on the wall.

With that said, I've always had good success in going to the state laws as published online and reading them for myself. Doing that should help you frame your questions for the attorney you finally go to ask for a definitive answer.

(I would give you an answer, but I am not at all familiar with NM law and I would only be guessing.) Good luck, good shooting, and

Blessings,
B

[VegasGeorge]

Wait a minute, aren't you the guy who wrote those bar exam questions I had so much trouble with? :evil:

Great questions! Glad to see you posting on the board. If you find the answers, be sure to post them too. :lol:

[jlrea]

I suspect I have asked questions that will require case law answers, and even then will change or be adjusted with time and depending on the circumstances in which an alleged violation occurs and is examined. But I do hope to provoke some discussion that will highten awareness of some of these gray areas in NM -- and other state -- law, and perhaps result in further successful efforts to clarify what is intended.

Unfortunately, in the case of NM law, one provision (extended domain in automobile) would, on first blush, say it is ok to drive on school property, knowingly or otherwise, with a handgun in the automobile. But other laws -- those specifically addressing schools and guns -- would lead you to believe otherwise. Living on a ranch in NM, I often drive substantial miles to the big city to do things, and sometimes I have to stop at a school to drop off or pick up grandkids. These schools may be 20-30 miles away from my ranch. If I am restricted from having a weapon in my automobile while on school property, I would be restricted from having it with me most of the day.

Perhaps further dialog will help to make this situation less ambiguous.

[Bill of Rights]

I don't know if the federal peaceable journey statute would apply, such that you could lock the unloaded firearm in the trunk, out of your reach, and be in compliance. I would suggest contacting a competent attorney licensed in NM to get your answers. Do please post what you find out here, though, and let us know.

Blessings,
B

[snoball]

I can never get the NM Dept. of Public Safety to assist in questions like these. From what I understand and from the NM Statutes below, you can carry in a car on school property.

“You may NOT carry a handgun, openly or concealed, in:
Schools…except in vehicle if older than 19 (3072.1NMSA 1978, fourth degree felony)
University Premises…except in vehicle if older than 19 (3072.4
Preschools (29198 NMSA 1978) “


1) NM law permits a traveler to cross the state with a weapon in their auto, concealed and loaded, regardless of whether or not that person has a CCW permit. This is an example the Department of Public Safety uses in its FAQs on-line. But would it permit this person to drive onto school property? So, in accordance with the above, you can have it in your vehicle if you are over 19. Just do not take in on your person into the school property.
2) Going further with the above, NM law also says that a person with a CCW permit may not carry it on school property. Does that hold if the weapon is in an automobile, or was it written just to cover the case of individuals who are not in an automobile? Again, not on your person.
3) If I can carry a weapon in my automobile, I assume I can also carry it in an automobile I have rented or leased. But can I carry it in someone else's automobile? It can be in any automobile if you are over 18.
4) Some states seems to interpret very broadly the question of what constitutes schools, including in the definition any place where a school activity is underway. So if the school football team has stopped at a restaurant on the way back from a game, does that place this restaurant off limits during that time? NM law covers schools, universities and preschools. A restaurant with the team inside is not school property. As long as they do not serve alcohol on premises, you can carry inside with a CCW.

[pioneer461]

Give the New Mexico Attorney General's office a call. Here's their web page; http://www.nmag.gov/ They would know. Or you can contact your local county prosecutor's office. It isn't a good idea to make legal decisions based on what someone on a forum tells you. 8)

[jlrea]

Thanks, snoball, for taking the time to reply to each of these points. But do you have it in writing that a licensed concealed carry can actually drive onto a school yard in his personal auto, or are you interpreting the law to state that the automobile "extended domain" provision trumps the rather vaguely worded restrictions in NM CCW legislation regarding this situation? If you do, I'd sure like to get a copy because I too have trouble getting DPS to do anything to clarify what is really meant. I can't say I blame them, knowing how NM lawmakers would pounce on them for "misrepresenting legislative intent" or something like that, but unless or until case law is developed, it would sure be nice to have a forum for developing a better understanding of the law.

In that regard, pioneer461 suggests contacting the AG office, which I may just try since I will shortly be spending a lot of time in the NM Roundhouse as the off-year legislative session starts in a little more than a week and the AG offices are just a stones throw away. And if that doesn't work, I may try to find a time to bring this up with the AG himself, who I know and see rather often. I'd want to do this privately, but if the right opportunity arose, perhaps I could stimulate consideration of the establishment of an empowered and knowledgable source to deal with these legitimate questions.