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Old 03-02-2010, 05:32 PM   #1
jnewberr2ssrs
 
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question for any cop members on here

i have a question for any cop members on here that might know...

i live in new mexico, which is an open carry, extended domain state in terms of gun laws....i know it's perfectly legal to have a concealed, loaded gun in my car - but does that mean i can have it concealed on me while i'm in the car? i'm just asking out of curiosity. i always keep it loaded in my glove compartment but i was just wondering.

are there any cop members on here that live in an open carry, extended domain state? as far as i know, not too many states have as lenient of gun laws as new mexico but i know arizona for example has similar laws so maybe someone could weigh in on the issue...

thanks a lot and thank you for serving and protecting us!
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Old 03-02-2010, 05:54 PM   #2
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I checked new mexico's Law website and found this:

Question: Do I have to be licensed to have a concealed loaded handgun inside my vehicle?

Answer: No. New Mexico law allows a person who is not otherwise prohibited to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). See 30-7-2 NMSA 1978. If you are not licensed to carry concealed in this State or in a state that NM recognizes, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.
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Old 03-02-2010, 10:26 PM   #3
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oh ok thanks! so it's ok to carry it concealed on my person while still in the vehicle but if i were to get pulled over and asked to step out for some reason it would be best to just tell the officer that i have a concealed gun on me and request him/her to remove it for me or something before i stepped foot outside my vehicle or how would that work? so that i wouldn't be breaking the law or reaching for a gun in front of an officer (which i know would be a stupid thing to do)...

thanks again! this is all just out of curiosity too by the way...plus i'm planning on getting my concealed carry license anyway so eventually it wouldn't matter but i was just wondering
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Old 03-03-2010, 12:07 AM   #4
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If you get stopped and are told to get out of the car, then by all means tell the officer that you have a gun on. Keep your hands on the wheel when you say this. The officer will instruct you as to what they want you to do.

Otherwise, you may end up with a glock in your ear.
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Old 03-03-2010, 12:32 AM   #5
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got it....hands on the wheel - good thing to know (something that sounds so easy and common sense but i'm sure someone that's not thinking in the moment and is nervous and tries explaining/talking with their hands can get in trouble pretty easily)

one time as i was passing through a dwi checkpoint in the middle of the day, the officers asked me for my license, registration, and insurance and it just so happened that my insurance was in my glove compartment where i knew my gun was so i was straight forward with the officer before i even opened the glove compartment and informed her that there was a handgun in the glove compartment for my personal protection and she just asked me to pull over to the side away from the checkpoint with the other officers so they could watch me while i got my insurance....being straight forward about it is definitely the best thing anyone can do!

it was a very nerve-wrecking situation though, because it was the first time i had to pull out my insurance and couldn't find it for like 10 minutes...it was under all the papers and stuff i had in the glove compartment - and the officers didn't grab my gun from the glove compartment for me temporarily (which would have made me feel more comfortable) they just watched me as i was reaching around in my glove compartment right next to my gun for like 10 minutes (which i'm sure probably made them start wondering but i honestly just couldn't find it for the longest time! lol)....very nerve-wrecking!! i wish they would have just taken the gun temporarily so they didn't think i was going to grab for it or anything you know?

but would that be illegal for the officer to do is that perhaps why they just didn't do that for the few minutes i was looking for the insurance?
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Old 03-03-2010, 12:45 AM   #6
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i guess i would have had to request that they take it temporarily huh? because otherwise it would have been an illegal seizure right? it was already in plain sight but since new mexico is an open carry and extended domain state there was nothing unlawful about it being where it was so they couldn't just take it without me requesting that or them asking me right?

it sure would have made it less nerve-wrecking though because i'm a stand up guy who has nothing but respect for the officers who put their butts on the line to protect us...
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Old 03-03-2010, 01:10 AM   #7
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actually here's a nice little tidbit, if an officer were to ask somebody to get out of the car and the gun was legally on the person while the person was in the car but was told to get out of the vehicle and forgot that he or she had a gun on them and did not tell the police officer, that officer could take that person to jail

honestly best thing to do in your situation is since new mexico is pretty leniant on gun laws, is to apply for a handgun permit/license

here's the big thing, you need to be sure that you never had any run ins or any trouble for that matter with the law
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Old 03-03-2010, 11:30 AM   #8
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Quote:
Originally Posted by jnewberr2ssrs View Post
i guess i would have had to request that they take it temporarily huh? because otherwise it would have been an illegal seizure right? it was already in plain sight but since new mexico is an open carry and extended domain state there was nothing unlawful about it being where it was so they couldn't just take it without me requesting that or them asking me right?

it sure would have made it less nerve-wrecking though because i'm a stand up guy who has nothing but respect for the officers who put their butts on the line to protect us...
No they could have taken it while you were stopped as a safety concern. They could have held it for the stop, and when you were released, you get your gun back.

They just were playing it by ear and let you keep it. if they though you were acting kinda hokey or something, they would have taken it from you. Same thing happens here, you just have to be able to read people. (I know it's not an exact science) And in this case, there was more than 1 cop, so they had you "covered" if you will.
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