Search found 5 matches

by G.A. Heath
Fri Feb 03, 2012 12:20 pm
Forum: General Texas CHL Discussion
Topic: albuquerque zoo posted 30.06?
Replies: 20
Views: 5856

Re: albuquerque zoo posted 30.06?

speedsix wrote:...well,I've done all the researching I'm going to...the OP is helped...if a professional instructor who lives in the state in question and deals with it for a living isn't enough...it really isn't worth any more of my time...since the law isn't worded like you want it to be, probably wouldn't be convinced if you called the State Police, either...so I'm done...and I haven't seen anyone else lift a finger to verify/dispute what I've found...so we'll all just have our opinions...some informed..some not so much ;-)
Appearently some people are are not reading the entire law.
You posted 10.8.2.16F which says "Carrying prohibited on private property. In addition to other limitations stated in the act, a licensee may 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."

However 10.8.2.27 (also part of their concealed carry law) says "PROHIBITING THE CARRYING OF CONCEALED HANDGUNS ON PRIVATE PROPERTY: Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering upon the property."

So a property owner can post a sign prohibiting concealed carry and to do so they must be compliant with NMSA 10.8.2.27 which says they must meet the requirements as specified in NMSA 30-14-6. If a sign meets those requirements then the license holder must comply. Why would New Mexico require specific minimum sizing and other requirements for a sign? Reason 1 to to prevent people from being able to claim "I couldn't read or even see the sign, it was smaller than a postage stamp."

If we take Speed Sixes interpretation I could put a gun busters sign up at a property he owns in NM and he would not be able to go past it. However if we read on down through 10.8.2 until we get to 10.8.2.27 we discover that in order for his property to be legally posted he would have to have a sign that is 144 square inches in size, be printed legibily in english, have his name and address (so you can verify the posting is correct and/or ask permission to ignore it), be placed at each appearent access to the property (No well the north doors of the mall are posted so they are all effectively posted), and say that firearms and/or concealed carry are prohibitted.

Now lets take a look at some other possible interpretations of 10.8.2.16F are. Due to the specific wording one could argue that the law requires that signs prohibitting concealed carry must actually say they are prohibitting it and that gun busters do not hold water. The law does not say "on private property that has signs posted prohibiting the carrying of firearms" the law says "on private property that has signs posted prohibiting the carrying of concealed weapons". This is actually one of those things that case law would need to decide or the legislature would need to clarify, but wait they did in part with 10.8.2.27. There could actually be other laws that may further complicate things, but to say that 10.8.2.16F applies while ignoring 10.8.2.27 does not hold water. Case law can still muddy the water further or do the opposite.

To point to an instructor and say they know the law because they make their living teaching it is like pointing to a police officer and saying they know the law because they enforce it. I would rather look it up for myself and if there are still questions I will pay someone who is professional(Read lawyer) that makes a living on the subject and did more than take a state class on the matter so they can regurgitate what they think they heard (Government approved instructor). Its kinda like deciding between the owner of Billy Bob's Gun Buyin Place and Tiger McKee on who you want to teach you to run an AR. Some options are better than others.
by G.A. Heath
Thu Feb 02, 2012 9:09 pm
Forum: General Texas CHL Discussion
Topic: albuquerque zoo posted 30.06?
Replies: 20
Views: 5856

Re: albuquerque zoo posted 30.06?

I just got home from work, dinner, and other things and I am in 100% agreement with RoyGBiv. To further expand, for an instructor to say that 10.8.2.16F applies but not mention or reference 10.8.2.27 is akin to a Texas instructor saying that you have honor a gun busters sign because the property owners intent is clear. Unless there is some case law or something else in NM law then I must continue with my current, and previous, position that a sign must meet the requirements posted in the wiki.
by G.A. Heath
Thu Feb 02, 2012 8:23 am
Forum: General Texas CHL Discussion
Topic: albuquerque zoo posted 30.06?
Replies: 20
Views: 5856

Re: albuquerque zoo posted 30.06?

speedsix wrote:
G.A. Heath wrote:
speedsix wrote:...I think WIKI did it to us again...that link that's supposed to cover CHL posting is about trespassing and doesn't mention CHL holders at all...
To prohibit concealed carry in NM, you have to post and to post it has to meet the specific requirements of the law. looks plenty valid to me.

...it doesn't post against a CHL holder...it's a trespassing law... this instructor http://www.nm-ccw.com/faq.htm" onclick="window.open(this.href);return false; has in his FAQ section two questions regarding signs/CHL/liquor...citing recent bills passed regarding liquor/CHL...at the end of both answers, he says that any other signs against carrying guns still apply...he doesn't refer to the trespassing law WIKI cites...still digging...

...this also says "signs"...not a specific wording http://www.handgunlaw.us/states/newmexico.pdf" onclick="window.open(this.href);return false;

Find me the specific law that says something to the effect of "Any no guns sign works in New Mexico" and I will change my position, until then I will believe as I do since I have looked in the past and never found it. New Mexico, like Texas, treats carry past a prohibiting sign as tresspass which in NM requires signs meet the above 5 criteria.
by G.A. Heath
Thu Feb 02, 2012 8:05 am
Forum: General Texas CHL Discussion
Topic: albuquerque zoo posted 30.06?
Replies: 20
Views: 5856

Re: albuquerque zoo posted 30.06?

speedsix wrote:...I think WIKI did it to us again...that link that's supposed to cover CHL posting is about trespassing and doesn't mention CHL holders at all...
To prohibit concealed carry in NM, you have to post and to post it has to meet the specific requirements of the law. looks plenty valid to me.
by G.A. Heath
Thu Feb 02, 2012 7:59 am
Forum: General Texas CHL Discussion
Topic: albuquerque zoo posted 30.06?
Replies: 20
Views: 5856

Re: albuquerque zoo posted 30.06?

While New Mexico doesn't have a specific sign like 30.06 there are specific requirements that a sign must meet or it is invalid. http://chlwiki.com/index.php?title=New_Mexico#Signage" onclick="window.open(this.href);return false;

In essence they are:
1: be printed legibly in English
2: be at least one hundred fortyfour square inches in size
3: contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property
4: be placed at each apparent access onto the property
5: and where applicable state any specific prohibition that the posting is directed against

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