In regard to Mr. Spencer’s letter (link), details do matter especially in the law. He is correct that this is an open carry state and the actual law is close to but not accurately reflected on the New Mexico State Police website.

 

Perhaps they missed a change to the law. The law should always be checked at the official legal site for all of New Mexico’s laws, state and local. That would be the New Mexico Compilation Commission (link).

Also despite the Constitution of New Mexico expressly forbidding any laws against guns, the legislature passed one about guns around alcohol as well as schools, hospitals and court houses.

 

Now the local Smith’s is certainly guilty of not posting the sign in a conspicuous place. However, as a privately owned property as opposed to a public owned property, the state has limited authority to make laws allowing or banning anything.

 

Private property owners may verbally ask someone with a gun open or concealed carry to not have it on the property and the individual MUST comply or be in violation of NM statues. Smith’s has the same right to keep you from having a gun on their property as you have the right to keep me from having a gun on yours.

 

It’s called criminal trespass, if you refuse to leave. See NMSA 29-19-12C and NMSA 30-14-1 and NMSA 30-14-1.1, not even allowed on buses see NMSA 30-7-13.