How to Sell a Gun in New Mexico

Map of New Mexico

The process of selling a gun in New Mexico is relatively liberal due to the state's less strict laws. However, it is important to adhere to certain rules, including both the state laws of New Mexico and the federal laws that apply across all states. Selling a handgun or any other firearm is not simply a simple transaction; it requires careful consideration of the aforementioned legal requirements, potential risks, and the responsibility of ensuring that it is acquired by a responsible and law-abiding individual.

Map of New Mexico
How to Sell a Gun in New Mexico
Written by: 
Frank Holder
Published On:
June 14, 2023
Updated On:
May 31, 2023
9
minutes read

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State Laws for Private Gun Sales in New Mexico

When we examine the landscape of firearm laws across the United States, one thing becomes clear: regulations vary considerably by state. However, New Mexico stands out for its relatively relaxed gun laws, boasting some of the most liberal regulations in the nation. These laws meticulously govern the sale, possession, and use of legal firearms, along with ammunition.

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General Gun Regulations in New Mexico

Within the vast expanse of New Mexico, residents can find a blend of rural and urban lifestyles, each with its unique perspective on gun ownership. Yet, regardless of where you find yourself, the same statewide regulations apply. 

These laws and regulations fall under the purview of the New Mexico Statutes, more specifically, Chapter 29, Article 19, Sections 29-19-1 through 29-19-15, and Chapter 30, Article 7, Sections 30-7-1 through 30-7-16.

Permit Requirements for Purchase

The first fundamental fact you should know is that no permit is required to purchase a gun in New Mexico. This absence of red tape makes the buying process straightforward for residents.

No Firearm Registration

Moreover, firearms do not have to be registered in New Mexico, which is another significant departure from the rules in many other states.

Concealed Carry License Requirements

That said, while there is a lack of requirement for a permit to purchase or register firearms, a concealed carry license is mandated for any handgun owned.

Types of Legal Weapons in New Mexico

In terms of what firearms you can own, New Mexico does not list specific outlawed weapons. However, federal law imposes some restrictions, barring certain types of firearms, such as machine guns and sawed-off shotguns.

No Waiting Period for Purchase

New Mexico also refrains from imposing a waiting period to purchase a gun, which further streamlines the buying process.

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Selling a Gun Privately in New Mexico

Even though purchasing a firearm may seem relatively straightforward, selling one involves a few more legal intricacies. For instance, selling a shotgun to a private party in New Mexico does not require a background check, unless the transaction is taking place at a gun show. However, it's always a responsible choice to ensure that the buyer is legally permitted to own a firearm.

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Sales through Licensed Dealers

These private sales need to be processed through a licensed dealer who conducts the aforementioned background check.

Exceptions for Antique Firearms and Family Sales

Nevertheless, there are a few notable exceptions to this rule. Sales of antique firearms and transactions between immediate family members are exempt from these regulations.

Record-Keeping Requirements for Secondhand or Used Firearm Transactions

Furthermore, businesses involved in buying, selling, or lending money on secondhand or used firearms are required to keep records of transactions involving firearms.

Picture of a person signing a document

Federal Laws and How They Apply in New Mexico

As in all other states, federal laws play a significant role in shaping the gun laws of New Mexico. Federal law regulates factors such as:

  • Restrictions and Prohibited Persons
  • Restricted Locations for Firearms
Picture representing law, judge's hammer

Despite the state’s liberal gun laws, certain locations restrict the presence of firearms. These restricted places include K-12 schools, courthouses, educational institutions, military installations, establishments that sell liquor, Native American reservations, secure zones in airports, private properties without consent, and public transportation.

Age and Handgun Possession

Additionally, federal regulations restrict handgun possession to individuals aged nineteen (19) and above.

Prohibitions for Convicted Felons and Protected Individuals

Certain individuals are prohibited from owning firearms, including convicted felons, individuals subject to an order of protection, and those convicted of certain crimes.

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Additional Legal Considerations When Selling a Gun in New Mexico

In New Mexico, obtaining a concealed carry license involves a few more hoops to jump through. Requirements include having a valid New Mexico driver's license, passing a criminal background check, a mental health record check, completing a 15-hour handgun safety course, and a live-fire instruction training session. Furthermore, the permit must be carried while concealing a firearm.

Active duty military members, law enforcement officers, and those who have recently retired from military service face different requirements.

Open Carry and Carry in Vehicle

Interestingly, no permit is needed for open carry or carrying a firearm in a vehicle.

School Campus Concealed Carry Restrictions

It’s also crucial to remember that concealed carry on a school campus is strictly prohibited, regardless of license status.

Potential Penalties for Unlawful Sales

Violations of New Mexico gun laws carry harsh penalties, depending on the extent of the violation. Notably, each party involved in an unlawful sale can be separately charged, and each firearm sold contrary to the law constitutes a separate offense.

Increased Penalties for Crimes Committed with Firearms

Crimes committed while using or carrying a firearm lead to enhanced penalties, underlining the gravity of firearm misuse.

Consequences for Unlawful Carrying of a Concealed Weapon

Carrying a concealed weapon without a license is a petty misdemeanor in New Mexico. Punishments can include up to six months in jail and a fine of up to $500.

Penalties for Unlawful Carrying of a Deadly Weapon on School Premises

Moreover, unlawfully carrying a deadly weapon on school premises is a fourth-degree felony. This crime carries a potential punishment of up to 18 months imprisonment and up to a $5,000 fine.

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Tips to Sell Safely and Get the Best Price

To ensure a successful sale, ensure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.

Using Cash for Arms to Sell Your Guns

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Using Cash for Arms is a safe and secure option for selling your firearm. By choosing a reputable buyer, you can ensure a smooth and legal transaction while getting the best market value for your firearm.

Because of the varying legal complexities, and consequences of not following the law, it’s a good idea to be informed about relevant state and federal laws before initiating your firearm transaction.

General Questions & Answers

Is it legal to sell guns in New Mexico?

In New Mexico, it is legal to sell guns as long as the seller and buyer meet the legal requirements for ownership and purchase.

Can you buy a gun in New Mexico without a license?

Yes, you can. No state permit is required to buy a gun in New Mexico.

Can someone from out of state sell a gun in New Mexico?

Whenever a private individual, not a gun store, sells a firearm across state lines (meaning to a person who resides in another state), a federally licensed firearm dealer must be utilized in the buyer's state of residence to facilitate the transfer.

Do you need a federally-issued ID to buy a gun in New Mexico?

Yes, you do need a valid government-issued photo ID to buy a gun in New Mexico.

Does a gun bill of sale have to be notarized in New Mexico?

No, New Mexico does not require the notarization of the gun bill of sale.

What is the process to buy a gun in New Mexico?

To purchase firearms in New Mexico, you must have a valid government-issued photo ID that includes your current address. Additionally, there are age and residency restrictions to consider. When making a purchase you will be required to present your ID as part of the process.

What are the rules for gun ownership in New Mexico?

In New Mexico, you must be at least 18 years old to purchase or possess a handgun, and at least 18 years old to purchase or possess a long gun (rifle or shotgun). Federal law requires individuals to be at least 21 years old to purchase a handgun from a licensed dealer.

Are New Mexico gun laws strict?

No, New Mexico gun laws are not strict. New Mexico has some of the most liberal gun laws in the nation.

Does New Mexico have a gun registry?

No, New Mexico does not require the registration of firearms.

How much does it cost to transfer a gun to New Mexico?

When a private individual, rather than a gun store, sells a firearm to someone residing in another state, the transfer must be facilitated by a federally licensed firearm dealer in the buyer's state of residence. The fees associated with this process can vary depending on the specific FFL (Federal Firearms License) involved.

Does New Mexico allow private gun sales?

Yes, New Mexico allows for private gun sales. However, when selling a gun privately, it is required to involve a Federal Firearms Licensee (FFL) who will conduct a background check on the buyer.

Can you gift someone a gun in New Mexico?

Yes, you can gift a gun to someone in New Mexico as long as the recipient of the gift is not a prohibited person under the law.

Who can't own a gun in New Mexico?

Under New Mexico state law, individuals who have been convicted of felonies are prohibited from receiving, possessing, or transporting firearms within ten years of completing their sentence or probation. Additionally, New Mexico prohibits anyone under the age of 19 from knowingly possessing or transporting a handgun.

How to properly sell a gun in New Mexico?

New Mexico doesn't require a background check for private gun sales between residents, laws may have since changed, so always verify current regulations. First, ensure the buyer's eligibility, confirming they're over 18 for long guns or over 21 for handguns, and not restricted from owning firearms due to criminal history or mental health issues. Verifying a valid state-issued ID ensures the buyer is a state resident, as federal law prohibits interstate private gun sales. Document the sale details using a bill of sale, including the gun's make, model, serial number, and buyer and seller's personal information for your protection. Optionally, involve a Federal Firearms Licensee (FFL) to facilitate a background check for an added layer of assurance. Be aware that federal laws must still be adhered to, preventing sales to individuals known or suspected to be ineligible under federal law. Optionally, report the sale to local law enforcement or the ATF. Safety should also be a top priority, so conduct sales in public, secure locations.

How to sell my gun in New Mexico to a pawn shop?

Selling a firearm at a pawn shop in New Mexico involves several key steps that prioritize both legality and safety. Start by understanding local and state gun laws, as these regulate age restrictions, background check requirements, and registration processes. Prepare your gun for sale by ensuring it's well-maintained, clean, and if possible, accompanied by accessories or original documentation. Identify local pawn shops that accept firearms—this information can often be found on their websites or by a quick phone call. To negotiate a fair price, research the market value of your firearm based on its make, model, and current condition; online auction sites and pricing guides can be useful tools for this. When you're ready to sell, bring a valid government-issued ID and be prepared for a background check if required. Once at the pawn shop, the staff will evaluate your gun and propose a price. If you agree to their offer, you'll need to complete any necessary paperwork to document the transaction.

How to do a private gun sale in New Mexico?

Conducting a private gun sale in New Mexico requires careful attention to legal requirements and safety. Both buyer and seller must be at least 18 years old and legally permitted to own firearms, meaning they should not have felony convictions, restraining orders, or documented mental illness.

How to sell a gun in New Mexico?

To sell a gun in New Mexico requires careful attention to legal requirements and safety. Both buyer and seller must be at least 18 years old and legally permitted to own firearms, meaning they should not have felony convictions, restraining orders, or documented mental illness. 

You have the choice of finding a private buyer or opting to sell to a licensed gun dealer, pawn shop, or gun store, ensuring they follow all local and federal laws. It's beneficial to research the market value of your firearm based on its model, make, and condition to negotiate a fair price.

How do I transfer ownership of a gun in New Mexico?

In New Mexico, a new gun can only be transferred to a consumer through a gun dealer that has a Federal Firearms License (FFL). An FFL license is issued by the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF), and without this FFL license, you cannot legally put new guns in the hands of a customer.

Does New Mexico allow private gun sales?

The law generally requires private sellers of firearms (sellers who are not licensed firearm dealers or other federal firearm licensees) to complete the sale of their firearms through a federally licensed dealer, who is required to conduct a background check on prospective buyers under federal law.

Can you sell a firearm to a non-US citizen?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

Can you give a gun as a gift in New Mexico?

It is legal to purchase a firearm from a licensed firearm retailer that you intend to give as a gift. There's no law that prohibits a gift of a firearm to a relative or friend who lives in your home state.

Can a non-US citizen buy a gun in New Mexico?

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

COMPLIANCE WITH LAWS AND REGULATIONS

COMPLIANCE WITH LAWS AND REGULATIONS

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BEST VALUE

BEST VALUE

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MULTIPLE SELLING OPTIONS

MULTIPLE SELLING OPTIONS

Safe and Secure Transaction: Multiple Selling Options: Cash for Arms offers multiple selling options to suit your needs, including selling outright or cash consignment.

SAFE AND SECURE TRANSACTIONS

SAFE AND SECURE TRANSACTIONS

By choosing a reputable buyer like Cash for Arms, you can ensure a safe and secure sale of your firearm, protecting yourself from potential legal complications.

DISCLAIMER

The content presented on this website is intended for informational purposes only. CashForArms.com has made significant efforts in compiling, formulating, and ensuring high-quality information and materials. Nevertheless, we do not affirm or guarantee the complete accuracy, exhaustiveness, appropriateness, or timeliness of the information displayed on or linked to this website. Any reliance upon the information found on this website or through the associated links is done solely at the user’s discretion and risk. The information provided here does not amount to legal advice.  We are not legal professionals specialized in firearm laws, and our content should not be taken as such. Users are fully responsible for adhering to the laws and regulations applicable to their local jurisdiction concerning the buying, selling, and possession of firearms.

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We value your interest in our services. Due to regulatory requirements, we can only accept contact information from individuals 21 years of age or older. However, individuals aged 18 and above are eligible to sell firearms through our platform. If you are between 18 to 21 years old, please exit this pop-up and refrain from providing your phone number. Those under 18 should leave the website. We appreciate your understanding and cooperation in adhering to these guidelines.

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