albuquerque zoo posted 30.06?

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texas-sig
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albuquerque zoo posted 30.06?

#1

Post by texas-sig »

Anyone know?

speedsix
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Re: albuquerque zoo posted 30.06?

#2

Post by speedsix »

...from the Biopark website: "...•Do not bring glass containers, pets, alcohol, pinatas, weapons of any kind, toys, sports equipment, beverage lids, straws, radios, CD players, gas or charcoal grills..." http://www.cabq.gov/biopark/about-the-biopark/faq" onclick="window.open(this.href);return false;

...not familiar with NM's CCW laws...they do reciprocate w/TX but under their terms...Traveler's Guide says "...Carry is prohibited on any property posted against carry as well as..." the Guide also says loaded, concealed firearms may be carried anywhere in a private automobile for self-protection...so you could leave it in the car...
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Re: albuquerque zoo posted 30.06?

#3

Post by PappaGun »

30.06 is a Texas specific requirement.

A hand scrawled "No Guns" is sufficient in NM.

I can't answer your question though.
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Re: albuquerque zoo posted 30.06?

#4

Post by G.A. Heath »

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
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
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speedsix
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Re: albuquerque zoo posted 30.06?

#5

Post by speedsix »

...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...
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Re: albuquerque zoo posted 30.06?

#6

Post by G.A. Heath »

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.
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
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speedsix
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Re: albuquerque zoo posted 30.06?

#7

Post by speedsix »

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;

...no specific signage is required: http://www.nmcpr.state.nm.us/nmac/parts ... 8.0002.htm" onclick="window.open(this.href);return false;

Text of .16

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.
B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.
C. Carrying while impaired. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, 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 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 NMSA 1978 Section 30-7-4 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 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. As used in Subsection C of NMSA 1978 Section 29-19-8, preschool means a child care facility, whether home-based or center-based, whether or not the facility is licensed, registered, or regulated, that provides care to infants, toddlers, and children aged 5 and younger.
H. Indicia of licensure. No person who is not a law enforcement officer, may 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 transfer, recognition or reciprocity by New Mexico pursuant to the act.
I. Notice of change in circumstances. A licensee shall, within 10 calendar days, notify the department in writing of any of the following:
(1) adjudication of mental incompetence;
(2) commitment to a facility for the treatment of mental illness;
(3) commitment to a facility for treatment of addiction to alcohol, controlled substances, or other drugs;
(4) issuance of an order of protection by a court;
(5) indictment for or charge with a felony or one of the misdemeanor offenses described in Subsection B of NMSA 1978 Section 29-19-4;
(6) is no longer a full time salaried law enforcement officer; and
(7) is required to turn in the license within 10 calendar days of the change.
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G.A. Heath
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Re: albuquerque zoo posted 30.06?

#8

Post by G.A. Heath »

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.
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
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Re: albuquerque zoo posted 30.06?

#9

Post by Diesel42 »

Speedsix wrote:
"H. Indicia of licensure. No person who is not a law enforcement officer, may 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 transfer, recognition or reciprocity by New Mexico pursuant to the act."


You folks have to leave the tiaras at home. LOL
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speedsix
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Re: albuquerque zoo posted 30.06?

#10

Post by speedsix »

...this from the NM law: 10.8.2.27 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.

[10.8.2.27 NMAC - N, 11-26-03]

...neither that passage nor the WIKI quoted passage (30-14-6) specify buildings or business, and the 30-14-6 specifically deals with LAND...no mention of businesses or buildings...and those specified signs, according to the law, prohibit ALL PERSONS from entry...something's not right...guess who I'm calling this morning...

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Re: albuquerque zoo posted 30.06?

#11

Post by speedsix »

G.A. Heath wrote:
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.
...10-8-2.16F is directly from the NM Concealed Weapon Law....don't know what more is needed...it just says signs...no specific...and doesn't refer to the trespassing law that WIKI quotes...about land and prohibiting all persons...you'd think the CHL law would tell the permitee if there was a specific wording to look for...

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Re: albuquerque zoo posted 30.06?

#12

Post by speedsix »

...OK...the NM Concealed Handgun office wasn't answering...so I called the CHL instructor I referred to above....Steve is very much an authority and up to snuff and told me:


...the ZOO is 100% for sure off limits to CHL...


...what WIKI quoted about 30-14-6 and specific signage requirements has NOTHING to do with CHL...it is TRESPASS ON LAND and in NM, if a law pertains to CHL, it specifically says so...in NM, CHL laws have NO RELATION to trespass...the CHL law doesn't weaken a property owner's right to have his way...

...ANY KIND of sign that a business owner wants to put up is legit...and must be obeyed...there is no law stating any required sign for CHL and the absence of that makes their CHL law's wording mean just what it says "sign"

...y'all be safe in NM...and don't be monkeyin' 'round with a gun at the zoo!!! :nono:

bizarrenormality

Re: albuquerque zoo posted 30.06?

#13

Post by bizarrenormality »

G.A. Heath wrote: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.
Yeah. Where's the law saying a gun buster means anything in New Mexico? :rules:
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Re: albuquerque zoo posted 30.06?

#14

Post by RoyGBiv »

from: http://www.nmcpr.state.nm.us/nmac/parts ... 8.0002.htm" onclick="window.open(this.href);return false;
10.8.2.27 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.

[10.8.2.27 NMAC - N, 11-26-03]
From: http://www.emnrd.state.nm.us/fd/ForestM ... 0-14-6.pdf" onclick="window.open(this.href);return false;
30146.
No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful
posting of public lands.
A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property
owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall
post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or
other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted
every five hundred feet along the exterior boundaries of such land.
B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without
permission of the owner, lessee, person in lawful possession or his agent. The notices shall:
(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 roadway or apparent way of access onto the property, in addition to the posting of the
boundaries; and
(5) where applicable, state any specific prohibition that the posting is directed against, such as "no
trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.
C. Any person who posts public lands contrary to state or federal law or regualtion [regulation] is guilty of
a petty misdemeanor.
It seems (to ME) that the CCW law is saying that a private property owner must post a notice if they want to prohibit licensed concealed carry AND the notice must meet the same size, language, (1 through 5 above) requirements of the trespass notice AND all they need to put on the sign is "No concealed guns" or similar to satisfy requirement #5.

Seems clear (to ME) that gunbuster signs do not have force of law unless they meet the above 1-5 criteria.

IANAL, YMMV, EIEIO
I am not a lawyer. This is NOT legal advice.!
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Re: albuquerque zoo posted 30.06?

#15

Post by G.A. Heath »

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.
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
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