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Thread: Looks like we might have some decent representation in New Mexico

  1. #1
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    Looks like we might have some decent representation in New Mexico

    I got this update re: easing concealed carry laws from NRA-ILA. I hope these make it through! Now we just need to get rid of the caliber and action specific restrictions on what we carry.

    On Monday, the New Mexico House of Representatives approved House Bill 106 by a 48 to 19 vote, with the measure receiving unanimous support from the House Republican Caucus and roughly a dozen members of the minority party. HB 106, sponsored by state Representative Paul Bandy (R-Aztec), extends the renewal period for a concealed handgun license from 60 to 90 days before and after it expires, removes the fingerprint requirement for license renewals and eliminates the mid-term two-year refresher course. Additionally, the House approved House Bill 189 by a 39 to 26 vote, with this legislation also receiving unanimous support from the Republican Caucus plus a handful of Democrats. HB 189, sponsored by state Representative Randy Crowder (R-Clovis), also eliminates the two-hour refresher course and extends the term of a license from four to five years.

    These measures both move to the Senate for consideration, where they await committee referrals. They will most likely be referred to the Senate Public Affairs and Senate Judiciary Committee. Please begin contacting committee members and urging them to SUPPORT HB 106 & HB 189. Contact information for those committees is provided below.

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    What caliber and action restrictions do you have?

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    As it was explained to me when I qualified, the way the carry laws are written, we can only carry the caliber we qualify with, or smaller, and only the action type we qualify with. The caliber is greatest size as written numerically, not in actual muzzle velocity or force. For example, if I qualify with a .357 magnum, I can carry any revolver that is .357 or smaller. Since .38 spl is "bigger" than .357 mag as written, I would be in violation by carrying a S&W 442. If I used the 442 to qualify I could carry the .357. Also, action type refers to revolver or semi-auto (which I think covers non-revolvers like derringer type guns). So, I qualify with a 1911 I can carry any non-revolver that is .45 or smaller, but I could not carry a 45LC, .44mag, etc. The nice part is the range where I qualified let me shoot S&W governors along side my 1911 so I am covered for both revolver and semi-auto in all practical calibers.

  4. #4
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    38 Special is not bigger since it is exactly the same bullet diameter as the 357 magnum. Someone has given you a line of bull or the rules have been misinterpreted. Both bullets are .357 in diameter but the 357 magnum case is 1/16" longer to prevent being chambered in older 38 Special revolvers.

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    I know that, everyone on this forum knows that, but apparently the bureaucrats who make the laws do not. Bumbling buffoons in positions of power should not be a surprise.

    Edit: The following is literally printed on the back of my license:
    Catergory Caliber
    semiauto .45 or smaller caliber
    non-semiauto .45 or smaller caliber

    So to correct myself, semi auto is only semi auto; non-semiauto is revolver, derringer, etc.
    Last edited by Co-gnARR; 03-07-15 at 18:27. Reason: Actually looked at my license

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    Any one here in New Mexico who can decisively weigh in on this please, speak up. I am not claiming what I posted above is fact nor is it my interpretation; I merely stated what I was told by the licensed instructors.
    Edit: in the meantime I will attempt to find the answer in the NM DPS CHC rules pdf.
    Last edited by Co-gnARR; 03-07-15 at 18:28.

  7. #7
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    From said document:
    B. Competency demonstration.
    (1) An applicant or licensee shall demonstrate competency in the safe use of each
    category and highest caliber of handgun for which he or she seeks certification by firing the handgun with live ammunition at a target no larger than 12 inches wide and 18 inches high.
    (2) An applicant or licensee shall fire 15 rounds from three yards and 10 rounds from seven yards.
    (3) An applicant or licensee shall score 4 points for each shot that hits within the
    14
    § 10.8.2.16 NEW MEXICO CONCEALED HANDGUN CARRY ACT § 10.8.2.16
    scoring line and zero points for each shot that hits outside the scoring line. An applicant must obtain a score of 72% to pass the competency demonstration.
    C. Determination of competency. An approved instructor shall determine whether or not to issue a certificate of completion based on the applicant or licensee's score on the competency demonstration and the applicant or licensee’s knowledge and understanding of the subjects specified in Subsection A of NMSA 1978 Section 29-19-7.9-19-7.D. Certificates of completion. An approved instructor shall issue a certificate of completion to each applicant who demonstrates competency in the safe use of the categories and calibers of handguns for which he or she seeks licensure as prescribed in Subsections B and C of this section. The certificate of completion shall include the name and date of birth of the applicant, the printed name and signature of the approved instructor who scored the competency demonstration, the date the applicant completed the firearms training course, all categories and calibers of handguns for which the applicant demonstrated competency, and a unique number consisting of the instructor number assigned by the department and a sequential number.
    [10.8.2.15 NMAC - N, 11-26-03; A, 11-30-05]

    10.8.2.16 TERMS AND CONDITIONS OF LICENSE:
    A. Carrying only handguns listed on license. No person shall carry a concealed
    handgun of a different category or higher caliber than is indicated on the license issued to that person
    by the department. A licensee shall only carry one (1) concealed handgun at any given time.

    http://www.dps.state.nm.us/index.php...s-regulations/


    Ok, I know this doesn't clarify how the rules are interpreted; I know that to every sensible person a .357 mag is the same caliber as a .38 spl, but again, to mouth breathers, non-firearms owners and the like, as written on paper, .38 > .357, so the instructors repeated the necessity to qualify with the biggest NUMBERED caliber we intend to carry.
    Last edited by Co-gnARR; 03-07-15 at 18:45.

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    I am a licensed NM instructor and deputy sheriff....you were misinformed. If you qual with a semi auto 45 ACP you are good to go with anything .45 caliber or smaller...which includes almost all semi autos except .50 GI and .50 AE. On revolvers, if you qual with a .45 ACP, .45 LC, etc. you're also good on anything equal to or less than .45 caliber. That includes the .460 S&W, .454 Casull, .45 LC, etc. Calibers like .460 and .454 are marketing numbers by the manufacturer, the actual bullet is .45 caliber. I had this exact discussion years ago with DPS and they refused to logically apply bullet diameter vs caliber when writing the ccw rules. As a result we are good to go with any diameter as long as it is .45 caliber (if that was what you qualed with, as an example). The other option is just qual with a .500 S&W, which eliminates all confusion. As far as .38 or .357, they're both the same as far as qual is concerned.


    Sent from my iPad using Tapatalk

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    Thank you. My instructors are obviously spreading misinformation; I will put my foot in my mouth for being naive enough to trust but not verify prior to posting.

  10. #10
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    Quote Originally Posted by Co-gnARR View Post
    Thank you. My instructors are obviously spreading misinformation; I will put my foot in my mouth for being naive enough to trust but not verify prior to posting.
    Hmmm, "...different category or higher caliber" is rather vague. I could interpret that 357 magnum is a higher caliber if looking at power comparison with 38 Special rather than bullet diameter. TN. started out saying that you had to qualify with each gun you intended to carry and the carry class issued a laminated card with weapon information. This was quickly thrown out the window. You can qualify with a 22 lr and then carry a larger caliber. Seems strange but that is the way it is.

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