New Mexico Register
/ Volume XXXVI, Issue 23 / December 9, 2025
This is an amendment to 10.8.2 NMAC, Sections 7, 10 through
17, 21 through 24, 26, 27, 30, 31, and 32, effective 12/09/2025.
10.8.2.7 DEFINITIONS: In addition to the definitions in Section 29-19-2 NMSA 1978, unless the context clearly indicates otherwise, as used in this rule:
A. act means the Concealed Handgun Carry Act, Sections 29-19-1 through 29-19-15 NMSA 1978;
B. approved instructor means a person to whom the department has issued a permit to provide all or any part of classroom and firing range instruction;
C. controlled substance means controlled substance as defined in the New Mexico Controlled Substances Act, Sections 30-31-4 et seq. NMSA 1978, or a similar act of any other jurisdiction;
D. conviction means an adjudication of guilt, and includes a guilty plea, judgment, or verdict, no contest, nolo contendere, conditional plea of guilty, or any other plea that would result in an adjudication of guilt in any court of competent jurisdiction. A conviction includes a deferred sentence and a conditional discharge prior to satisfaction of the conditions and after satisfaction of conditions where required by the act;
E. court means any federal, state, county, municipal, or tribal court;
F. days means business days when the period referenced is 10 days or less, and calendar days when the period referenced is 11 days or more;
G. department means the New Mexico department of public safety;
H. instructor applicant means a person seeking a permit as an approved instructor;
I. mounted patrol means a current member of the New Mexico mounted patrol who has successfully completed a law enforcement academy basic law enforcement training program for New Mexico mounted patrol members pursuant to Section 29-6-4.1 NMSA 1978;
J. military service person means a person who:
(1) is on active duty with the United States armed forces;
(2) is on reserve or guard duty with the United States armed forces;
(3) is a veteran or a retiree who received an honorable discharge as indicated on a United States department of defense form 214; or
(4) is his or her dependent.
K. peace officer means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;
L. permit means the authorization granted by the department to teach firearms qualification courses as an approved instructor;
M. range qualification means the performance requirements that must be met by an applicant or licensee for his or her approved caliber of handgun;
N. reciprocity means permission granted for an out of state licenses issued to a person who is not a New Mexico resident to be used in the state of New Mexico by a licensee visiting or passing through the state;
O. resident means:
(1) a person who, for a period of not less than 90 days immediately preceding the date of application for the license, has been domiciled in New Mexico, does not claim residence elsewhere for any purpose, and is not otherwise entitled to claim residence in another state; or
(2) a person who is a member of the armed forces of the United States and permanently assigned to a military installation located within this state. A military person’s dependent may be considered a resident for the purposes of this rule.
P. respondent means, in the context of 10.8.2.27 NMAC, an applicant, instructor applicant, approved instructor, or licensee who responds to a department denial of their application seeking a hearing on a decision;
Q. retired peace officer means a New Mexico resident who has retired in good standing from any law enforcement agency with at least 15 years as a certified police officer or by work related disability;
R. revocation means the involuntary termination of a license or permit by the department for cause for an indefinite period of time;
S. secretary means the secretary of the department of public safety or his designee;
T. suspension means the involuntary termination of a license or permit by the department for cause for a specified period of time;
U. transfer means issuance of a permit in New Mexico under the act when the applicant holds a valid concealed carry permit or license issued by another state with which New Mexico has reciprocity, and the other conditions prescribed in this rule have been satisfied.
[10.8.2.7 NMAC - Rp, 10.8.2.7 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.10 DEPARTMENT-PRESCRIBED FORMS:
A. Use required. The department has prescribed forms to carry out certain requirements of this rule. The most current version of a department form must be used when a form exists for that purpose, unless the department waives this requirement.
B. How to obtain. Department-prescribed forms may be obtained:
(1) at New Mexico state police offices
throughout the state; [or]
(2) from the department's website at [www.dps.state.nm.org]
www.dps.nm.gov; or
(3) from the concealed carry unit,
located in Albuquerque, NM.
[10.8.2.10 NMAC - Rp, 10.8.2.10 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.11 APPLICATION REQUIREMENTS FOR A LICENSE:
A. Filing. An
applicant must file an application for a license with the department in person
[or] by mail or online at dps.nm.gov.
B. Fees. All fees
are non-refundable and are required by the act or this rule to be paid to the
department and shall be in the form of [cash,] credit card, a personal
check, cashier’s check, certified check, or money order made payable to the New
Mexico department of public safety.
C. Completeness. All applications must be complete and legible.
(1) If an application is incomplete, the
department will [return the application and a letter outlining the
deficiencies in the application to the applicant by regular mail] notify
the applicant and outline deficiencies in the application. The applicant will have 45 days from the date
of written notification [the letter is postmarked] to cure the
deficiencies. If the applicant fails to [return
the] remedy the deficiencies of their application [to] with
the department within 45 days from the date [the letter was postmarked]
of written notification, the application will be deemed abandoned, the
application file will be closed, and all fees paid will be forfeited to the
state. The department will [send a
letter notifying] notify the applicant in writing that the
application has been deemed abandoned, the file has been closed, and all fees
paid have been forfeited to the state.
(2) If the applicant [returns]
submits corrections to the application to the department within 45 days
from the date of the initial [letter was postmarked] notification,
but the application is still deficient, the department will [return the
application and] notify the applicant in writing a second [letter]
time outlining the deficiencies in the application [to the applicant
by regular mail]. The applicant will
have 30 days from the date the second [letter is postmarked] written
notification to cure the deficiencies.
If the applicant fails to [return] correct the deficiencies in
the application and submit them to the department within 30 days from
the date of the second [letter was postmarked, or returns] written
notification, but the application [but it] is still deficient, the
application will be deemed abandoned, the application file will be closed, and
all fees paid will be forfeited to the state.
The department will send a letter notifying the applicant that the
application has been deemed abandoned, the file has been closed, and all fees
paid have been forfeited to the state.
(3) An applicant may contact the concealed carry unit to inquire about the status of his or her application. Agents may provide the information to the applicant after the applicant has supplied sufficient identifiers such as address, social security number, date of birth, etc.
[10.8.2.11 NMAC - Rp, 10.8.2.11 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.12 OTHER REQUIRED DOCUMENTS FOR A LICENSE: In addition to the application form, each applicant shall submit copies of other documents required by the act or this rule to the department as set forth below. The copies must clearly show the name of the applicant and all signatures and pertinent information. The department will not accept copies that are too dark, too light, blurry, or otherwise unreadable. An applicant may request the return of original documents by so stating and enclosing a self-addressed stamped envelope.
A. Proof of residency.
(1) An applicant may prove residency in
New Mexico by submitting a copy of a valid New Mexico driver's license or
personal identification card issued by the motor vehicle division of the
taxation and revenue department [and] or the following:
[(a) proof that the applicant is
registered to vote in New Mexico;]
[(b) a state or government issued license
with name and address;]
[(c)]
(a) a United States armed
forces identification card and orders of permanent duty station in New Mexico
or a U.S. armed forces dependent ID card and orders of the individual claiming
the applicant as a dependent; or
[(d)]
(b) other
proof acceptable to the department.
(2) Possession by an applicant of a driver's license issued by another state shall create a rebuttable presumption of residency in such other state.
B. Proof of age.
An applicant may prove that [he or she is] they are 21 or
more years of age by filing:
(1) a copy of a valid government-issued
identification card stating the [person's] applicant’s age;
(2) a
copy of [a] the applicant’s passport; or
(3) a certified copy of [his or her]
the applicant’s birth certificate.
C. Proof of handgun competency. An applicant must submit a certified copy of a certificate of completion for a firearms training course which is approved by the department and issued by an approved instructor. It must be submitted not more than 90 days prior to the date the application is submitted, as required by 10.8.2.15 NMAC.
D. Proof of disposition of charges. The
burden of proof is on the applicant or licensee to show that the applicant or
licensee has a pending or successful completion of any conditional discharge,
or that the conviction of any charge has been overturned on appeal.
Documentation sufficient to prove the applicant’s or licensee’s contention
related to a conviction or discharge must be provided by the applicant or
licensee to the department.
E. Photographs. To
streamline the application process, the department may obtain digital color
photographs of an applicant from the motor vehicle division of the taxation and
revenue department or another government agency. If the department requests an
applicant to provide photographs pursuant to Paragraph (5) of Subsection B of
Section 29-19-5 NMSA 1978, the photographs shall be in color, be a minimum of [three]
two inches by [three] two inches and be a full frontal
view of the applicant without hat, sunglasses, or any other item that would
obstruct or alter the features of the applicant. The department will not accept
photographs that are too dark, too bright, fuzzy, [or] out of focus, or
unclear.
F. Fingerprints.
All [new] applicants shall submit electronic fingerprints via the
department standards that comply with the requirements of Section 29-19-5 NMSA
1978 and 10.8.2.14 NMAC. [Applicants who have electronic fingerprints on
file shall not be required to resubmit fingerprints.]
G. Application fee.
An applicant shall submit a non-refundable application fee of $100 for
new applications and $75 for renewal applications. Current and retired [law
enforcement officers] peace officers, military, and mounted
patrol officers are exempt from this fee.
[10.8.2.12 NMAC - Rp, 10.8.2.12 NMAC, 11/30/2016; A/E, 5/22/2025; A,
12/09/2025]
10.8.2.13 LICENSE APPLICATION REVIEW AND ISSUANCE:
A. Time period for review. In accordance with Subsection A of Section 29-19-6 NMSA 1978, the department shall review the application, conduct a national criminal background check of each applicant, and make a determination within thirty (30) days of the date the department receives a complete application and background check.
B. Determination by department.
(1) Approval. If the department finds that the applicant meets the requirements in the act and this rule for issuance of a license, the department shall issue a license.
(2) Denial. If the department finds that the applicant does not meet the requirements for issuance of a license, the department shall issue a notification of denial in accordance with 10.8.2.21 NMAC. The notification of denial shall cite requirement(s) of the act or this rule that the applicant has failed to meet.
C. Information on license. In addition to the information required by Subsection C of Section 29-19-6 NMSA 1978, a license to carry a concealed handgun may include:
(1) a physical description of the licensee, including the licensee’s sex, hair color, eye color, height, and weight;
(2) the state seal;
(3) instructions to the licensee; and
(4) other information as determined by the department.
D. Term of license.
Original and renewed licenses are effective [for four years] from
the date of issuance by the department. Civilian
licenses are issued for a period of four years.
Military and law enforcement licenses are issued for five-year periods. Replacement licenses and licenses that have
been endorsed to add another category or highest caliber of handgun shall
expire on the date the replaced license would have expired.
E. Dual licenses prohibited. A licensee [may] shall not [own
or] possess more than one New Mexico license to carry a concealed
handgun. A license to carry a concealed
handgun shall indicate all categories and highest calibers of handguns the
licensee is authorized to carry concealed in New Mexico.
[10.8.2.13 NMAC - Rp, 10.8.2.13 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.14 FINGERPRINTING OF APPLICANTS: All applicants shall submit electronic fingerprints. The department may refuse to accept fingerprints it determines are not legible and classifiable. New fingerprints must be submitted with each new application and renewal application.
A. Responsibilities of applicant. The applicant must present a valid
government-issued photographic identification card. The applicant must submit their concealed
carry license application within 30 days of being fingerprinted.
B. Responsibilities of person recording the fingerprints. The person who records the applicant’s fingerprints shall verify that the government-issued photographic identification card is of the person being fingerprinted.
[10.8.2.14 NMAC - Rp, 10.8.2.14 NMAC,
11/30/2016; A/E, 5/22/2025; A, 12/09/2025]
10.8.2.15 FIREARMS TRAINING FOR APPLICANTS AND LICENSEES:
A. [All] New Mexico [residents] resident
applicants must attend a department approved firearms training course
taught by a department approved instructor unless [he or she received the
license by transfer of an out of state license] the applicant is on
active military status, a military veteran who is within 20 years of separation
from the military, an active peace officer, or a peace officer who is less than
10 years separated from a law enforcement agency.
(1) [An applicant] Civilian
applicants, military veterans with honorable discharge who are separated 20
plus years from the military, or retired peace officers separated more than 10
years from a law enforcement agency seeking a license shall satisfactorily
complete an initial firearms training course approved by the department that
includes at least 15 hours of classroom and firing range instruction as
specified in Subsection (A) of Section 29-19-7 NMSA 1978 except:
(a) a department approved instructor;
(b) a
current [law enforcement] peace officer;
(c) a
retired [law enforcement] peace officer who has been retired 10
years or less at [the] time of application;
(d) active military personnel;
(e) military service persons who have been discharged within 20 years prior to the time of application; or
(f) mounted patrol members who have successfully completed a law enforcement training program for New Mexico mounted patrol.
(2) Two
years after the issuance of an initial license, a licensee shall complete a
refresher course which consists of [either] range qualification of [his
or her] the licensee’s approved caliber of handgun [or an online
training course of instruction approved by the department], except as listed in Subsection A of 10.8.2.15 NMAC.
(3) [Four
years after the issuance of an initial license, a] A licensee seeking
renewal of a license shall satisfactorily complete a [refresher] four-hour
renewal firearms training course approved by the department that includes
at least four (4) hours of classroom and firing range instruction as specified
in Subsection A of Section 29-19-7 NMSA 1978, except as listed in Subsection
A of 10.8.2.15 NMAC.
(4) The department may suspend a license if the licensee does not comply with the two-hour refresher course requirements. Upon compliance, the licensee shall submit a $5 reinstatement fee.
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 four points for each shot that hits within the scoring line and zero points for each shot that hits outside the scoring line. An applicant must obtain a score of seventy-two percent of the total score to pass the competency demonstration.
C. Determination of competency. An approved instructor shall determine whether or not an applicant is to be issued a certificate of completion based on the applicant’s or licensee’s score on the competency demonstration and the applicant’s or licensee’s knowledge and understanding of the subjects specified in the act.
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 that corresponds with the order in which the instructor has issued certificates. Instructors may deny certificates of completion to students who have demonstrated unsafe handgun handling practices or who have demonstrated adverse behavior during the training course or on the firing range.
[10.8.2.15 NMAC - Rp, 10.8.2.15 NMAC, 11/30/2016; A, 12/09/2025]
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 concealed handgun at any given time.
B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
C. Carrying while impaired. No person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances including cannabis, or over-the-counter or prescribed medications.
D. Display of license on demand. A licensee carrying a concealed handgun on or
about his person in public shall, upon demand by a peace officer, display [his]
their valid license to carry a concealed handgun.
E. Prohibited acts. A licensee shall not deface, alter, mutilate, reproduce, lend, transfer, or sell a license. A licensee shall adhere to Section 30-7-4 NMSA 1978 as it pertains to negligent use of a deadly weapon.
F. Carrying prohibited on private property. In addition to other limitations stated in
the act, a licensee [may] shall not carry a concealed handgun on
or about his person on private property that has signs posted prohibiting the
carrying of concealed weapons or when verbally told so by a person lawfully in
possession of the property.
G. Carrying prohibited in preschools. No licensee shall carry a concealed handgun on the premises of a preschool that provides care to infants, toddlers, and children aged five and younger, which includes child care facilities, home-based or center-based, and whether or not the facility is licensed, registered, or regulated.
H. Schools. Carrying of a deadly weapon on school premises is prohibited except as allowed by the law.
I. University. Carrying of a firearm on university premises is prohibited except as allowed by the law.
J. Liquor
establishments. Carrying of a firearm in an establishment licensed to
dispense alcoholic beverages is prohibited except as allowed by the law.
K. Indicia of licensure.
Only a [law enforcement officer] peace officer [may]
shall carry a badge, patch, card, or any other indication of authority to carry
a concealed handgun in New Mexico other than the license issued by the
department or a license issued by a state that has been accepted by reciprocity
by New Mexico pursuant to the act.
L. Notice of change in circumstances. A licensee shall, within 10 days, both notify the department in writing and return the license to it within 10 days upon the occurrence of any of the following:
(1) adjudication of mental incompetence has been entered or issued against the licensee;
(2) the licensee has been committed to a facility for the treatment of mental illness;
(3) the licensee has been committed to a facility for treatment of addiction to alcohol, controlled substances, or other drugs;
(4) an order of protection has been issued by a court against the licensee;
(5) an indictment or criminal
information for [or charge with] a felony criminal offense or
a criminal complaint for a disqualifying misdemeanor offense described
in Subsection B of Section 29-19-4 NMSA 1978 has been issued against the
licensee;
(6) is
no longer a full-time salaried [law enforcement officer] peace
officer; or
(7) the licensee is other than honorably discharged from the military.
[10.8.2.16 NMAC - Rp, 10.8.2.16 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.17 LICENSE RENEWAL AND TRANSFER:
A. To renew a New Mexico license. A licensee may submit an application for a
renewed license [on] in the [form] manner prescribed by
the department.
(1) The licensee may submit the
application anytime from 60 days before [and] until 60 days after the
license expires. If the license has
expired, a licensee shall not carry a concealed handgun until he or she
receives a renewed license.
(2) The licensee shall complete a [refresher]
four-hour firearms training course prior to filing the application,
unless exempt.
(3) The licensee shall submit to the department:
(a) electronic fingerprints as required
by Section 29-19-5 NMSA 1978 and 10.8.2.14 NMAC [unless electronic
fingerprints are already on file with the department]. New fingerprints must be submitted with
each renewal application;
(b) a certified copy of a certificate of
completion for a [refresher] four-hour firearms training course
approved by the department issued by an approved instructor not more than 90
days prior to the date the application is filed;
(c) a nonrefundable $75 renewal fee; and
(d) a copy of New Mexico driver’s license or other government issued identification which contains a picture.
B. To transfer a license from another state. A person establishing New Mexico residency must transfer his or her license from another state. The license holder has 90 days from establishing New Mexico residency to file an application for a New Mexico renewed license on the form prescribed by the department. An applicant for transfer shall not carry a concealed handgun in New Mexico until the applicant receives a New Mexico license unless he or she has a license from a state that has been accepted by reciprocity by New Mexico.
(1) In addition to the items required by Paragraph (3) of Subsection A of this section, the applicant for license transfer shall file:
(a) proof of residency as provided in Subsection A of 10.8.2.12 NMAC;
(b) proof of age as provided in Subsection B of 10.8.2.12 NMAC; and
(c) a photocopy of the license being transferred.
(2) The applicant for transfer shall complete:
(a) a [refresher] four-hour
firearms training course if the firearms training required by the other state
meets or exceeds New Mexico firearms training requirements and the licensee
completed firearms training not more than one year prior to filing the
application; or
(b) an initial firearms training course
if the firearms training required by the other state does not meet New Mexico
firearms training requirements or the licensee completed firearms training more
than [one year] 180-days prior to filing the application.
(3) The applicant for transfer must meet all other requirements for obtaining a license in New Mexico by showing either that:
(a) the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
(b) the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.
C. Time period for review. The department shall review the application for a renewed license, conduct a national criminal background check for each applicant for a renewed license or transfer of a license from another state, and make a determination within 30 days of the date the department receives a complete application and background check.
D. Determination by department.
(1) Approval. If the department finds that the applicant for a renewed license or transfer of a license from another state meets the requirements in the act and this rule for a renewed license, the department shall issue a license.
(2) Denial. If the department finds that the applicant does not meet the requirements for a renewed license or transfer of a license from another state, the department shall issue a notification of denial in accordance with 10.8.2.21 NMAC. The notification of denial shall cite the particular requirements of the act or this rule that the applicant has failed to meet.
[10.8.2.17 NMAC - Rp, 10.8.2.17 NMAC, 11/30/2016; A/E, 5/22/2025; A,
12/09/2025]
10.8.2.21 DENIAL, SUSPENSION AND REVOCATION OF A LICENSE:
A. Grounds. The department may deny, suspend or revoke a license if the licensee:
(1) is found to have violated any provision of the act or this rule;
(2) is a fugitive from justice, in accordance with Paragraph (4) of Subsection A of Section 29-19-4NMSA 1978;
(3) is convicted of a felony, in accordance with Paragraph (5) of Subsection A of Section 29-19-4 NMSA 1978, including a conditional discharge until discharged, a diversion until its terms are completed, a deferment, a guilty plea, a plea of nolo contendere, or Alford plea;
(4) is currently under indictment,
or charged by criminal information [cited, or summoned to Court]
to answer for a felony criminal offense, in accordance with Paragraph (6) of
Subsection A of Section 29-19-4 NMSA 1978;
(5) is prohibited by law from purchasing or possessing a firearm, in accordance with Paragraph (7) of Subsection A of Section 29-19-4 NMSA 1978 or any federal database or law;
(6) is adjudicated mentally incompetent or committed to a mental institution, in accordance with Paragraph (8) of Subsection A of Section 29-19-4 NMSA 1978;
(7) is addicted to alcohol or controlled substances, in accordance with Paragraph (9) of Subsection A of Section 29-19-4 NMSA1978;
(8) receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendere to a misdemeanor offense involving a crime of violence within 10 years immediately preceding the application, in accordance with Paragraph (1) of Subsection B of Section 29-19-4 NMSA 1978, other than crimes of violence that are offenses of assault or assault against a household member, battery or battery against a household member discussed in Paragraph (11) of Subsection A of 10.8.2.21 NMAC;
(9) is convicted of a misdemeanor offense of driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application, in accordance with Paragraph (2) of Subsection B of Section 29-19-4 NMSA 1978;
(10) is convicted of a misdemeanor offense of the possession or abuse of a controlled substance within 10 years immediately preceding the application, in accordance with Paragraph (3) of Subsection B of Section 29-19-4 NMSA 1978;
(11) is convicted of a misdemeanor offense of assault or assault against a household member, battery or battery against a household member, in accordance with Paragraph (4) of Subsection B of Section 29-19-4 NMSA 1978; or
(12) is subject to a valid protective order issued by a court.
B. Affidavit of violation by a licensee. If a peace officer believes there is probable cause to suspend or revoke a license, the peace officer shall prepare an affidavit on a form prescribed by the department. The affidavit shall cite the provision of law that was violated. The peace officer shall file the affidavit and any other reports or information relating to the licensee available to the officer with the department within 10 days of the date the peace officer learns of the violation. A police report may be submitted in lieu of the affidavit.
C. Notice of suspension or revocation and surrender of
license. The department shall review
the affidavit and attachments, and, if the department finds probable cause to
suspend or revoke the license, [may] shall issue a notification
of the suspension or revocation to the licensee advising the licensee of his or
her right to a hearing in accordance with 10.8.2.27 NMAC. If the licensee elects not to request a
hearing, the licensee shall surrender [his or her] their license
to the department within 15 days of the expiration of the period allowed to
request a hearing.
D. Term of suspension or revocation and reapplication.
(1) The department [may] shall
suspend a license [when] while the outcome of a disqualifying
matter is pending. Suspended licenses
may be reinstated when suspension was due to a rule violation, from an
arrest/charge, and the final court disposition shows no conviction. A two-page application, with final
disposition and $5 reinstatement fee must be submitted; additional training is
not required. [The licensee may
file an application to reapply for a concealed carry license renew the
license upon] Upon expiration of the original four or five year
license term [of suspension.], a licensee may reapply for a
concealed carry license by submitting an application for a renewed license in
the manner prescribed by the department, as specified in Subsection A of
10.8.2.17 NMAC.
(2) The department may revoke a license for a period required by the law up to and including a lifetime revocation. The person will not be eligible for a new license until the revocation period required by law has passed, if ever.
(3) The
license of a current [law enforcement officer] peace officer
shall expire on the date the officer leaves employment unless the officer
provides the department with written proof of hiring by another law enforcement
agency in New Mexico.
[10.8.2.21 NMAC - Rp, 10.8.2.21 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.22 DEPARTMENT APPROVAL OF INSTRUCTORS AND FIREARMS TRAINING COURSES:
A. Application required.
Any person seeking to instruct firearms training courses pursuant to
this rule shall file an application with the department to become an approved
instructor. Application shall be made on
the form prescribed by the department and shall be typewritten or legibly
handwritten in ink. A person who is not
an approved instructor [may] shall not instruct a firearms
training course pursuant to this rule.
B. Requirements for approval. In order to be approved as an instructor, an instructor applicant must:
(1) agree to be subject to New Mexico jurisdiction for the purpose of enforcing the act and this rule;
(2) submit a resume of experience instructing firearms training courses, handgun experience, or both;
(3) submit electronic fingerprints that comply with the requirements in Section 29-19-5 NMSA 1978 and 10.8.2.14 NMAC for positive identification purposes. New fingerprints must be submitted with each application and renewal application;
(4) submit an authorization for release of information form provided by the department;
(5) submit an affidavit or cover page of an acceptable firearms instruction insurance policy;
(6) submit to the department the curriculum and course materials, meeting the department’s core requirements, for a firearms training course that has been certified or sponsored by a federal or state law enforcement agency, an accredited college or university, a firearms training school or a nationally recognized organization approved by the department that customarily offers firearms training, and a copy of the letter or other document approving the course from the certifying or sponsoring entity. An instructor applicant may develop his own curriculum and materials but must have them certified or sponsored by one of the entities identified in Subsection A of Section 29-19-7 NMSA 1978;
(7) The
instructor applicant must submit to the department a list of all persons the
instructor applicant proposes to engage in any training aspect of the
concealed carry weapons class at least 10 days prior to the first class,
including the individual’s name, date of birth, social security number, and
concealed carry license number, if applicable;
(8) provide a description of the
instructor applicant’s experience in offering firearms training; if any. An instructor-applicant who wishes to conduct
firing range instruction must possess a certificate of completion of a firearms
instructor-training program approved by the department that was issued or
renewed not more than [three] four years prior to the date the
application is filed;
(9) be a currently certified law enforcement instructor employed by a law enforcement agency; or
(10) be 21 years of age and agree to be responsible for the actions and omissions of all persons engaged by the approved instructor for the purpose of conducting firearms training courses pursuant to this rule.
C. Time period for review. As prescribed in Subsection A of Section 29-19-6 NMSA 1978, the department shall review the application of each instructor applicant and make a determination within 30 days of the date the department receives a complete application and background check.
D. Determination by the department.
(1) Approval.
(a) Instructor. If the department finds that the instructor
applicant meets the requirements specified in Subsection B of this section, the
department shall issue a concealed carry weapon instructor permit that shall be
valid for four years. The concealed
carry weapon instructor permit shall include the approved instructor’s name, [business
address, and date of birth,] the expiration date of the permit, and the
instructor number assigned by the department.
(b) Curriculum. If the department finds that the proposed curriculum and course materials for the firearms training course meet the requirements of Section 29-19-7 NMSA 1978 and this rule, the department shall approve the proposed firearms training course in writing. The department’s approval shall remain in effect for the shortest of:
(i) one year;
(ii) until the approved instructor substantially changes the curriculum or course materials; or
(iii) the requirements in the act or this rule are changed.
(2) Denial. If the department finds either that the instructor applicant or the proposed firearms training course does not meet the requirements of Section 29-19-7 NMSA 1978 or this rule, the department shall issue a notification of denial. The notification of denial shall cite the particular requirements of the act or this rule that the instructor applicant or proposed firearm training course has failed to meet.
E. Renewal. An approved instructor seeking to renew his or her permit shall file with the department at least 60 days before the date his or her permit expires:
(1) an application for renewal on the form prescribed by the department;
(2) the curriculum and course materials for a firearms training course that is certified or sponsored by a federal or state law enforcement agency, an accredited college or university, a firearms training school, or a nationally recognized organization approved by the department that customarily offers firearms training and a copy of the letter or other document approving the course from the certifying or sponsoring entity; and
(3) a list of all persons the instructor applicant intends to engage in any training aspect of conducting a concealed carry weapons class.
F. No authority to carry. An approved instructor is not authorized to
carry a concealed handgun unless the approved instructor obtains a license from
the department pursuant to Section 29-19-4 NMSA 1978 of the act and this rule. If an instructor applicant wishes to apply
for a concealed carry license at the same time he or she applies for an
instructor’s permit, he or she [may] shall do so by [checking
the appropriate boxes on the instructor application form] submitting a
concealed carry application, complying with all requirements for a license
in the act and this rule, and enclosing the license application fee and all
documents required by this rule with the application for an instructor’s
certificate.
G. List of approved instructors. The department shall maintain and make available to the public a list of approved instructors. An approved instructor may request to be removed from the list but shall remain subject to a request for inspection of public records pursuant to Chapter 14, Article 2 NMSA 1978.
[10.8.2.22 NMAC - Rp, 10.8.2.23 NMAC, 11/30/2016; A/E, 5/22/2025; A,
12/09/2025]
10.8.2.23 BACKGROUND INVESTIGATIONS OF APPLICANTS AND
INSTRUCTOR APPLICANTS: The department shall conduct a state and
national criminal background check, and a court records check for protective
orders, of each applicant for an original, transferred or renewed license. The department shall conduct a state and
national criminal background check, and a court records check for
protective orders, for each instructor applicant for an original or renewed
instructor’s permit. The department may
require certain applicants to provide information or execute documents to
enable the department to obtain criminal history records of disposition of
charges. The department [may] shall
conduct such other investigation of an applicant as the department deems
necessary to determine an applicant's suitability for a license or instructor’s
permit.
[10.8.2.23 NMAC - Rp, 10.8.2.23 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.24 RESPONSIBILITIES OF APPROVED INSTRUCTORS:
A. Minimum standards for instruction. An approved instructor shall:
(1) engage as instructors only those persons who have been issued a permit by the department, except as provided in Subsection C of this section;
(2) have no more students in the classroom or on an indoor firing range than the maximum occupancy allowed by the state or local fire code;
(3) use classroom facilities that comply with all federal, state, and local laws relating to persons with disabilities, public health, safety, and sanitation, including restroom facilities;
(4) use only the curriculum, course materials, handouts, and videos approved by the department;
(5) display the permit issued by the department in an appropriate and visible location;
(6) not permit a student to begin a firearms training course until the student has received written information stating all fees, including incidental costs, charged for the course, policies for passing and failing, refund and reschedule policies, and attendance requirements.
B. Minimum standards for firing range instruction. An approved instructor shall:
(1) not allow a student to participate in firing range instruction until the student has completed the classroom portion of the firearms training that covers safe handgun shooting fundamentals;
(2) conduct firing range instruction under various light conditions when possible;
(3) have no more students firing a handgun on the firing range than the instructor can effectively and safely instruct and monitor, including no more than five students per instructor during daylight training, no more than three students per instructor for lowlight training, and no more than one student per instructor for dynamic training such as shooting on the move.
C. Guest instructors.
(1) An approved instructor may use guest
instructors who are [on the department approved instructor list] qualified
to teach various parts of a firearms training course, but only with written
approval of the department. An approved instructor must file a request for
approval to use a guest instructor at least 10 days prior to the date the guest
instructor will teach for the first time.
The department will conduct background investigations of guest
instructors.
(2) no guest instructor shall teach the approved instructor’s entire firearms training course.
(3) An approved instructor shall maintain a file on each guest instructor who teaches any portion of the firearms training course. The file shall include a list of the dates and portions of the course each guest instructor has taught, and appropriate documents showing the education, experience, licenses or certifications that qualify the guest instructor to teach the portions of the course he or she has taught.
D. Monitoring by the department. The department may monitor all aspects of
firearms training courses. Approved
instructors shall cooperate with department employees in [its] their
efforts to monitor the training of applicants.
(1) Should
a department employee determine that an instructor is not compliant with these
rules or is placing [his or her] their students in danger,
the employee shall have the authority to end the class. The employee shall obtain the approved
instructor’s permit, make a written report and submit both to the
secretary. The approved instructor may
then file an appeal pursuant to the act and these rules.
(2) Failure to adhere to any provisions of Subsection D, these rules, or the act shall be grounds for temporary or permanent loss of an instructor’s permit.
E. After action reports (AAR). An approved instructor shall file the following information with the department within 10 days after the end of each firearms training course on the form prescribed by the department:
(1) the name, address, and date of birth of each applicant who attended the course;
(2) the score each applicant achieved in the handgun competency demonstration;
(3) the category and highest caliber of each handgun for which the applicant demonstrated competency; and
(4) whether or not the approved instructor issued a certificate of completion and each category and caliber for which each applicant’s certificate was issued.
F. Records. An approved instructor shall maintain the records required by this subsection for a period of five years from the date of completion of each firearms training course. The records shall be stored in a safe and secure place and shall be available for inspection by the department promptly upon request. An approved instructor shall maintain:
(1) a record of each handgun competency certificate issued;
(2) a record of the following information for each course:
(a) name, address, and date of birth of each applicant who attended the course;
(b) the score the applicant achieved in the handgun competency demonstration;
(c) the category and caliber, of each handgun for which the applicant demonstrated competency; and
(d) an indication of whether or not the approved instructor issued a certificate of completion to that person;
(3) a record of the dates and number of hours of each firearms training course;
(4) a record of the curriculum and course materials used in each course; and
(5) copies of documents and correspondence filed with the department.
[10.8.2.24 NMAC – Rp, 10.8.2.24 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.26 SUSPENSION AND REVOCATION OF AN INSTRUCTOR PERMIT:
A. Grounds. The department may suspend or revoke a permit if the approved instructor:
(1) is the subject of valid complaints from applicants, licensees, or other approved instructors;
(2) violates any of the grounds stated in Subsection A of 10.8.2.21 NMAC with respect to a license;
(3) violates any provision of the act or these rules; or
(4) fails to improve after having been sanctioned.
B. Notice of suspension or revocation and surrender of instructor
permit. The department shall
investigate all allegations concerning grounds for suspension or revocations of
permits. If the department finds there
is a preponderance of evidence supporting the complaint, and there exists cause
to suspend or revoke the permit, the department [may] shall issue
a notification of suspension or revocation of the permit to the approved
instructor and [advising] advise the approved instructor of [his
or her] their right to a hearing in accordance with 10.8.2.26
NMAC. If the approved instructor elects
not to request a hearing, the approved instructor shall surrender [his or
her] their permit to the department within 15 days of the expiration
of the period for requesting a hearing and shall cease offering firearms
training courses pursuant to this rule.
C. Immediate suspension of firearms training course and refund of tuition.
(1) The department may immediately suspend, without notice or a prior hearing, a firearms training course whenever the department finds that the person teaching the course:
(a) is not an approved instructor;
(b) is impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications;
(c) has committed a misdemeanor or felony under the New Mexico criminal code or law of another jurisdiction; or
(d) is teaching something that is contrary to law or accepted safety practices.
(2) The approved instructor shall be given the opportunity to request a hearing before the department pursuant to 10.8.2.26 NMAC.
(3) If the department finds, after notice and a hearing, that the person teaching the course was not an approved instructor, was impaired, has committed a misdemeanor or felony under the criminal code, or was teaching something contrary to law or accepted safety practices, the department may order the person to refund to every student in the class the person was teaching any fees paid by the student to take the class. If the department finds that all or any portion of the firearms training course was deficient because the instructor was not an approved instructor, was impaired, has committed a misdemeanor or felony under the criminal code, or was teaching something contrary to law or safety, the department may require the students in that class to retake the portions that were deficient. The department may also initiate proceedings to suspend or revoke the approved instructor’s permit.
D. Term of suspension or revocation and reapplication.
(1) The department [may] shall
suspend a permit for up to one year while the outcome of a disqualifying matter
is pending. The approved instructor may
file an application to renew the permit upon expiration of the term of
suspension.
(2) The department may revoke a permit for a period required by law up to and including a lifetime revocation. The instructor whose permit is revoked will not be eligible for a new permit until the revocation period required by law has passed, if ever.
[10.8.2.26 NMAC - Rp, 10.8.2.25 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.27 HEARING PROCEDURES:
A. Written notice required. The department shall mail a notification of the decision to deny, suspend, or revoke a permit and instructions for requesting a hearing to the respondent in accordance with Subsection B of 10.8.2.8 NMAC. The notice shall become final on the 30th day after the date the notice was postmarked unless the department receives a request for a hearing, or the notice is returned to the department as undeliverable, before that date, in which case it is immediately final. A notice becoming final is not considered a final order for purposes of an appeal in Subsection P of 10.8.2.27 NMAC; by the filing of a petition for a writ of certiorari, pursuant to Rule 1-075 NMRA.
B. Request for hearing. A respondent who seeks reconsideration of a notification of denial, suspension, or revocation shall file a request for hearing. The request for hearing shall:
(1) be in writing;
(2) be received by the department within 30 days from the date on the notification;
(3) state with specificity the basis for challenging the notification; and
(4) provide any additional documentation to support the challenge.
C. Hearing date. Within 30 days of receipt of a timely request for hearing, the department shall mail a notice of hearing to the respondent. The hearing shall be held within a reasonable period of time, but within 180 days from the date the department receives request for the hearing. The department may extend the time for a hearing one time for up to an additional 60 days upon its own discretion. The department shall not unreasonably deny a request for postponement of the hearing made by a respondent when good cause exists for the request.
D. Contents of notice. The notice shall include:
(1) the date, time, place, and nature of the hearing;
(2) a statement of the legal authority and jurisdiction pursuant to which the hearing is being held;
(3) reference to the section(s) of the act or this rule that were cited as the basis for the denial, suspension, or revocation;
(4) a general statement of the matters or
issues involved; [and]
(5) a statement of the rights specified in [Subsection I] Subsection
L of this section;
(6) notice that exhibits from the
department must be forwarded to the applicant at least 72 hours before the
hearing, and notice that exhibits from the respondent must be submitted to the
department at least 48 hours before the scheduled hearing;
(7) notice that respondents are represented by counsel must be
submitted to the department at least 24 hours prior the scheduled hearing;
(8) notice that all communications by respondents
represented by an attorney with the department shall be made through
respondent’s attorney or a person appearing pro se during and following the
hearing, unless otherwise provided for by the hearing examiner;
(9) notice that for respondents represented by an attorney
during and after the hearing, routine procedural questions may be addressed to
the department by respondents directly. However, other questions from
respondents must be made by their attorney unless the respondent signs a waiver
or their attorney sends the department written communication authorizing the
respondent to communicate directly with the department; and
(10) instructions on how to request ADA accommodations, which
must be requested at least 10 business days in advance of the hearing.
E. Nature of hearing. The
hearing shall be conducted in an informal manner. The hearing [may] shall
be conducted in person or by telephone conference call, video conferencing, or
other appropriate technology.
F. Hearing examiner. The department shall designate a hearing examiner who shall conduct the proceedings and perform all acts and take all measures necessary or proper for the efficient conduct of the hearing. The hearing examiner may:
(1) administer oaths;
(2) issue subpoenas for the attendance of witnesses and the production of relevant books, documents, and records;
(3) exclude any irrelevant, immaterial, or unduly repetitious evidence;
(4) take notice of facts and of recognized technical or scientific facts within the department’s specialized knowledge;
(5) hear evidence and admit documentary evidence from the parties. The department may introduce into evidence copies of government records needed to establish the existence of certain facts which could result in denial, suspension, or revocation of a license or permit, including but not limited to records regarding convictions, judgments regarding mental competency or chemical dependency, or other matters that may be established by government records;
(6) call and examine the respondent or other witnesses; and
(7) utilize the department's experience, technical competence, and specialized knowledge in evaluating the evidence.
G. Testimony. Testimony at the hearing shall be taken under oath.
H. Exhibits. Exhibits from the department
shall be forwarded to the applicant at least 72 hours before the hearing. Exhibits from the respondent shall be
submitted to the department at least 48 hours before the hearing.
I. Entry of appearance and substitutions of
counsel. Counsel who will represent a respondent at
the hearing shall submit an entry of appearance to the department 24 hours
before the hearing. Withdrawal or
substitution of counsel shall be by notice to the department, and all issues
relating to withdrawal or substitution of counsel shall be resolved in a form
and manner at the discretion of the hearing examiner.
J. Communications with the department. Communications
by respondents represented by an attorney with the department shall be made
through respondent’s attorney or a person appearing pro se during and following
the hearing, unless otherwise provided for by the hearing examiner. For respondents represented by an attorney
during and after the hearing:
(1) routine procedural questions may be
addressed to the department by respondents directly; and
(2) other questions must be made by
respondent’s attorney unless the respondent signs a waiver, or their attorney
sends the department written communication authorizing the respondent to
communicate directly with the department.
[H.] K. Record
of hearing. The hearing shall be recorded at the
department’s expense. No recording devices other than the official hearing
recording device shall be allowed. In addition, the department shall make a
written record of:
(1) the nature of the proceedings including copies of the affidavit or other documents of grounds for the notification of denial, suspension, or revocation, and the notice of hearing;
(2) the place, date, and time of the hearing and all continuances or recesses of the hearing;
(3) the appearance or nonappearance of the respondent;
(4) if the respondent appears with an attorney, the name and address of the attorney;
(5) all evidence and testimony and a copy of all exhibits introduced into evidence;
(6) the findings of fact, conclusions of law, and recommended decision of the hearing examiner; and
(7) the decision of the secretary.
[I.]
L. Rights of applicant,
instructor applicant, approved instructor, or licensee. The respondent has the right to:
(1) attend the hearing;
(2) enter evidence into the record, but only in open hearing;
(3) a single request to recuse a hearing examiner for cause;
(4) be assisted or represented by an attorney at his or her own expense; and
(5) call, examine and cross-examine witnesses.
[J.]
M. Stipulation. The respondent,
or respondent’s attorney in respondent’s absence, shall stipulate in writing on a form prescribed by the department that
the hearing examiner shall be released from civil liability for all
communications, findings, opinions, and conclusions made in the course and
scope of the hearing. Failure to [so]
stipulate shall result in termination of the hearing and [continuation] finalization
of the notification issued by the department. A finalized notice is not considered a
final order for purposes of an appeal in Subsection P of 10.8.2.27 NMAC by the
filing of a petition for a writ of certiorari, pursuant to Rule 1-075 NMRA.
[K.]
N. Deliberation. At
the close of the hearing, the hearing examiner shall review and consider the
entire record, prepare findings of fact, conclusions of law, and a recommended
decision, and submit them to the secretary within 20 days after the close of
the hearing. The hearing examiner shall
make a finding on each ground for denial, suspension, or revocation
alleged. The recommended decision
shall be based upon substantial, competent, and relevant evidence and testimony
appearing in the record of hearing.
[L.] O. Final order. Within 20 days of receipt of the recommended
decision, the secretary shall review the record of the hearing and issue a
final order affirming the denial of an application for, or suspension or
revocation of, a license or permit or reversing the denial, suspension, or
revocation and authorizing issuance or reinstatement of a license or
permit. The department shall mail a copy
of the final order to the respondent.
The final order shall be based upon substantial, competent, and relevant
evidence and testimony appearing in the record of hearing.
[M.] P. Appeals.
A respondent adversely affected by a final order of the department may
file a petition for a writ of certiorari, pursuant to Rule 1-075 NMRA, in the
district court in the county where the respondent resides within 30 days of the
date the final order was postmarked. The
appellant shall bear the costs of the appeal.
[10.8.2.27 NMAC - Rp, 10.8.2.26 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.30 CURRENT [LAW ENFORCEMENT OFFICERS] PEACE OFFICERS OR MOUNTED PATROL
OFFICERS:
A. Any current [law enforcement
officer] peace officer residing in New Mexico shall be allowed to
obtain a five-year concealed handgun carry license by submitting:
(1) all forms as required in 10.8.2.11 NMAC;
(2) a letter from his or her agency head verifying that the applicant is employed in good standing and is qualified under Section 29-19-4 NMSA 1978;
(3) a
copy of his or her law enforcement certification [and number]; and
(4) a copy of his or her latest firearms qualification score with category and caliber designated, signed and dated by the authorized firearms instructor conducting the course.
B. An application may be denied if:
(1) the head of the law enforcement agency employing the officer requests in writing that a license not be issued and supplies sufficient information to enable the department to determine if the denial should be granted; or
(2) if
the applicant has pending criminal charges or serious administrative
allegations involving his or her conduct as a [law enforcement officer] peace
officer.
C. The agency and applicant will be notified in writing of the department’s decision. If denied, the applicant may follow the process contained in 10.8.2.27 NMAC.
D. The applicant’s agency will be notified of any disqualifying information that may become known during the background check.
E. A license issued under this section
[may] shall not be used and must be turned in to the department’s
concealed carry unit, [when] immediately upon the officer [is] no
longer being employed by a law enforcement agency.
[10.8.2.30 NMAC - Rp, 10.8.2.30 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.31 RETIRED
[LAW ENFORCEMENT OFFICERS] PEACE OFFICERS: Any retired [law enforcement officer] peace
officer shall be allowed to obtain a five-year concealed handgun carry
license if the retired [law enforcement officer] peace officer:
A. has submitted all forms as required in these rules, including 10.6.2.12 NMAC;
B. is a resident of the state of New Mexico;
C. has retired from a law enforcement agency after a minimum of 15 years employment, unless the retirement was due to a job related disability;
D. has submitted a letter from the agency verifying employment if the 15 years is with more than one agency;
E. has submitted a letter from the agency verifying employment he or she retired from which indicates he or she retired in good standing with the effective date of retirement;
F. has submitted a copy of his or her last firearms qualification scores indicating category and caliber designation, dated and signed by the department’s firearms instructor;
G. has taken a firearms course in accordance with the act if the officer has been retired longer than ten years at the time of application;
H. has submitted a
copy of his or her law enforcement certification [and number]; and
I. has qualified and adheres to the provisions of the act and these rules.
[10.8.2.31 NMAC - Rp, 10.8.2.31 NMAC, 11/30/2016; A, 12/09/2025]
10.8.2.32 MILITARY
SERVICE PERSONS:
A. Eligibility. [Any] Active military
service persons or honorably discharged veterans, shall be allowed to
obtain a five-year concealed handgun carry license under the following
requirements:
[A.] (1) by submitting all forms as required in these rules,
including 10.8.2.12 NMAC; and
[B.] (2) documentation satisfactory to the department that the
applicant is a military service person; or
[C.] (3) documentation satisfactory to the department that the
applicant was a prior military service person honorably discharged. Military service persons beyond 20 years
of military separation are required to complete a refresher course as required
by Paragraph (2) of Subsection A of 10.8.2.15 NMAC
and for licensee renewals as required in Paragraph
(3) of Subsection A 10.8.2.15 NMAC.
B. Dependents. For
military service persons seeking a concealed carry handgun license:
(1) out of state military dependents are
eligible to apply for a New Mexico concealed carry permit, with an out of state
driver license, when the dependent’s name is listed on the active-duty service
members orders which indicate the duty station of the service member in New
Mexico; and,
(2) dependents listed on military orders
must pay the application fee and complete the required training course and will
receive a four-year, civilian license.
[10.8.2.31 NMAC - N, 11/30/2016; A,
12/09/2025]