A. The department shall issue a concealed handgun license to an applicant who:

(1) is a citizen of the United States;

(2) is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member;

(3) is twenty-one years of age or older;

(4) is not a fugitive from justice;

(5) has not been convicted of a felony in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;

(6) is not currently under indictment for a felony criminal offense in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;

(7) is not otherwise prohibited by federal law or the law of any other jurisdiction from purchasing or possessing a firearm;

(8) has not been adjudicated mentally incompetent or committed to a mental institution;

(9) is not addicted to alcohol or controlled substances; and

(10) has satisfactorily completed a firearms training course approved by the department for the category and the largest caliber of handgun that the applicant wants to be licensed to carry as a concealed handgun.

B. The department shall deny a concealed handgun license to an applicant who has:

(1) received a conditional discharge, a diversion or a deferment or has been convicted of, pled guilty to or entered a plea of nolo contendere to a misdemeanor offense involving a crime of violence within ten years immediately preceding the application;

(2) been convicted of a misdemeanor offense involving driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application for a concealed handgun license;

(3) been convicted of a misdemeanor offense involving the possession or abuse of a controlled substance within ten years immediately preceding the application; or

(4) been convicted of a misdemeanor offense involving assault, battery or battery against a household member.

C. Firearms training course instructors who are approved by the department shall not be required to complete a firearms training course pursuant to Paragraph (10) of Subsection A of this section.

History: Laws 2003, ch. 255, § 4; 2005, ch. 242, § 3.

The 2005 amendment, effective June 17, 2005, lowered the minimum age of applicants from 25 to 21 years in Subsection A(3); provided in Subsection A(10) that the applicant complete training for the largest caliber of handgun that will be licensed; provided in Subsections B(1) and (3) respectively that the department shall deny a license if the offense involved a crime of violence or possession or abuse of a controlled substance within ten years immediately preceding the application; and added Subsection C to provide that firearms training course instructors are not required to complete a firearms training course.

Pardoned felony conviction. — A pardoned felony conviction is not, itself, sufficient grounds to deny the person convicted on the felony a concealed handgun license and if the person is otherwise qualified, the person may obtain a concealed carry license. 2014 Op. Att'y Gen. No. 14-02.