Hamil1
Regular Member
imported post
Sorry the links did not work... the reading of the ordinances doesn't prohibit open carry... only concealed outside of the legal state statutes. I bring this to your attention because certain law enforcement officers in the town of Silver City will have you believe that it isn't legal to carry a loaded firearm. The state statutes nor SC ordinances say anything of the sort.
§ 132.041 UNLAWFUL CARRYING OF A DEADLY WEAPON.
(A) Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
(1) In the person’s residence or on real property belonging to him or her as owner, lessee, tenant or licensee;
(2) In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property, while traveling;
(3) By a peace officer in the lawful discharge of his or her duties;
(4) By a peace officer in accordance with the policies of his or her law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
(5) By a person in possession of a valid concealed handgun license issued to him or her by the Department of Public Safety pursuant to the provisions of§§ 29-19-1 through 29-19-13 NMSA 1978, the Concealed Handgun Carry Act.
(B) Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
(C) Whoever commits unlawful carrying of a deadly weapon is guilty of a misdemeanor.
and
§ 132.049 PROHIBITED USES OF WEAPONS AND FIREARMS.
(A) It shall be unlawful for any person to:
(1) Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate town limits;
(2) Fire or discharge any BB gun, air pistol, air rifle or sling shot within the corporate town limits.
(3) Shoot or sling an arrow with a bow or any other device within the corporate town limits;
(4) Throw any stone, rock or other propellant, missile or substance in any manner so as to be reasonably likely to cause injury to any person or property;
(5) Carry a firearm while under the influence of an intoxicant or narcotic;
(6) Endanger the safety of another or his property by handling a firearm, BB gun, bow, air pistol, air rifle or sling shot in a negligent manner; and
(7) As a parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.
(B) Division (A)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle or other firearm in any firing range that meets all other standards imposed by law.
(C) Division (A)(2) of this section shall not apply to air rifles, air pistols and BB guns that are discharged on any firing range that meets safety standards established and promulgated by the Police Department or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(D) Division (A)(3) shall not be construed to prohibit target firing of a bow that is discharged on any firing range that meets safety standards established and promulgated by the Police Department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(E) Divisions (A)(1), (A)(2) and (A)(3) shall not be construed to prohibit the use of a weapon in the valid exercise of the right of self-defense of person or property.
(F) Divisions (A)(1), (A)(2) and (A)(3) shall not apply to any authorized police or police officer discharging any weapon or firearm in the lawful pursuit of duty.
The town charter includes the following... which I include for amusement purposes.
Section 11[36]. The council shall have power to provide for the extinguishment of fires; to establish and provide wells and cisterns; to regulate the fixing of chimneys and the flues thereof; to regulate the storage of gunpowder and other combustible materials; to provide for the inspection and weighting of hay; for the measuring of charcoal and other fuel; to regulate the size of bricks; for the inspection of other building material to be used or sold within said town; to levy and collect a tax on dogs, not to exceed three dollars per head; to prevent and punish for the firing of firearms, the galloping or furious driving of horses and mules, fighting, quarreling, Sabbath breaking, drunkenness, indecent and profane language, and all offenses against public decency and good order, within the corporate limits of the town; to provide for the election of town officers, for the removing from office of any person holding an office created by an ordinance; to fix the compensation of all town officers; to regulate the fees of jurors, witnesses and others for services rendered under this act, or any ordinances of the town.
Sorry the links did not work... the reading of the ordinances doesn't prohibit open carry... only concealed outside of the legal state statutes. I bring this to your attention because certain law enforcement officers in the town of Silver City will have you believe that it isn't legal to carry a loaded firearm. The state statutes nor SC ordinances say anything of the sort.
§ 132.041 UNLAWFUL CARRYING OF A DEADLY WEAPON.
(A) Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:
(1) In the person’s residence or on real property belonging to him or her as owner, lessee, tenant or licensee;
(2) In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property, while traveling;
(3) By a peace officer in the lawful discharge of his or her duties;
(4) By a peace officer in accordance with the policies of his or her law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or
(5) By a person in possession of a valid concealed handgun license issued to him or her by the Department of Public Safety pursuant to the provisions of§§ 29-19-1 through 29-19-13 NMSA 1978, the Concealed Handgun Carry Act.
(B) Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
(C) Whoever commits unlawful carrying of a deadly weapon is guilty of a misdemeanor.
and
§ 132.049 PROHIBITED USES OF WEAPONS AND FIREARMS.
(A) It shall be unlawful for any person to:
(1) Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate town limits;
(2) Fire or discharge any BB gun, air pistol, air rifle or sling shot within the corporate town limits.
(3) Shoot or sling an arrow with a bow or any other device within the corporate town limits;
(4) Throw any stone, rock or other propellant, missile or substance in any manner so as to be reasonably likely to cause injury to any person or property;
(5) Carry a firearm while under the influence of an intoxicant or narcotic;
(6) Endanger the safety of another or his property by handling a firearm, BB gun, bow, air pistol, air rifle or sling shot in a negligent manner; and
(7) As a parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.
(B) Division (A)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle or other firearm in any firing range that meets all other standards imposed by law.
(C) Division (A)(2) of this section shall not apply to air rifles, air pistols and BB guns that are discharged on any firing range that meets safety standards established and promulgated by the Police Department or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(D) Division (A)(3) shall not be construed to prohibit target firing of a bow that is discharged on any firing range that meets safety standards established and promulgated by the Police Department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(E) Divisions (A)(1), (A)(2) and (A)(3) shall not be construed to prohibit the use of a weapon in the valid exercise of the right of self-defense of person or property.
(F) Divisions (A)(1), (A)(2) and (A)(3) shall not apply to any authorized police or police officer discharging any weapon or firearm in the lawful pursuit of duty.
The town charter includes the following... which I include for amusement purposes.
Section 11[36]. The council shall have power to provide for the extinguishment of fires; to establish and provide wells and cisterns; to regulate the fixing of chimneys and the flues thereof; to regulate the storage of gunpowder and other combustible materials; to provide for the inspection and weighting of hay; for the measuring of charcoal and other fuel; to regulate the size of bricks; for the inspection of other building material to be used or sold within said town; to levy and collect a tax on dogs, not to exceed three dollars per head; to prevent and punish for the firing of firearms, the galloping or furious driving of horses and mules, fighting, quarreling, Sabbath breaking, drunkenness, indecent and profane language, and all offenses against public decency and good order, within the corporate limits of the town; to provide for the election of town officers, for the removing from office of any person holding an office created by an ordinance; to fix the compensation of all town officers; to regulate the fees of jurors, witnesses and others for services rendered under this act, or any ordinances of the town.