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Highlights
- Private gun sales must go through an FFL dealer for the required background check.
- No purchase permits are required when buying a gun.
- There’s no gun registration in New Mexico.
- If you want a hassle-free experience of selling your gun, choose Cash for Arms.
New Mexico Gun Sale Laws: Frequently Asked Questions
Does New Mexico have preemption laws?
Yes, New Mexico has preemption laws except for Native American reservations due to tribal sovereignty. Some even have their own stricter gun policies.
Are private sales legal in New Mexico?
Yes, private sales are legal in New Mexico. However, it must be conducted through an FFL dealer.
Is there a background check for private sales in New Mexico?
Yes, background checks are required for private gun sales due to a law enacted in 2019. All private gun sales must go through an FFL dealer.
Here’s more context about this:
- Purpose of the law. It aimed to close a loophole that allowed private sales without background checks. It’s to prevent guns from falling into the hands of prohibited persons in private sales.
- Types of guns covered. The law applies to all guns, including handguns, rifles, and shotguns.
- Exceptions:
- Sales between immediate family members don’t require a background check.
- Transactions involving law enforcement agencies are exempt.
- Antique guns are not subject to this requirement.
- Enforcement challenges. Some counties in New Mexico have declared themselves "Second Amendment Sanctuaries" and have chosen not to enforce this law, which poses challenges to its implementation.
Is there a permit to buy a gun in New Mexico?
No, buyers don't need a permit to buy guns, whether handguns or long guns like rifles or shotguns.
Is there gun registration in New Mexico?
No, there’s no gun registration in New Mexico.
Does New Mexico ban NFA items?
New Mexico doesn’t ban NFA items. The state follows federal law allowing their possession with proper registration and tax stamps.
Does New Mexico ban assault weapons?
Currently, New Mexico doesn’t have a law that bans assault weapons. However, there have been efforts to introduce such legislation:
- House Bill 101. In 2023, the Assault Weapons Regulation Act (House Bill 101) was introduced. This bill aimed to ban assault weapons and .50 caliber rifles in the state. It would prohibit their sale, manufacture, possession, and transfer.
- House Bill 137. This year, House Bill 137, the Gas-Operated Semiautomatic Firearms Exclusion Act, was introduced. It seeks to ban selling and owning gas-operated semiautomatic guns and large-capacity magazines. This is part of efforts to reduce gun violence in the state.
Is there a restriction on magazine capacity in New Mexico?
No, magazine capacity is not restricted as of this writing. However, as mentioned, House Bill 137 was passed this year. If it becomes a law, it will limit high-capacity magazines that hold more than 10 rounds.
Is there a Red Flag law in New Mexico?
Yes, New Mexico has a Red Flag law known as the Extreme Risk Firearm Protection Order Act.
Different Methods of Selling a Gun in New Mexico
Cash for Arms
At Cash for Arms, we make selling your used gun quick and hassle-free. We understand that sometimes you need fast cash, and we're here to provide a convenient solution. With us, you don’t have to memorize and keep track of New Mexico’s ever-changing gun laws. Cash for Arms even offers liquidation services in New Mexico for those trying to sell a large amount of guns at once.
Here’s how you can sell your gun to us:
- Submit your gun details via our website.
- Accept our offer and ship your gun for free.
- Get paid once your gun passes inspection.
Pro Tip: To potentially increase your offer, bring any original accessories or documentation that came with the gun.
New Mexico Gun Shops
Local gun shops in New Mexico can be reliable for selling guns. These establishments typically have experienced staff who can accurately value your gun and offer a fair price.
Gun shops may also offer the option of consignment sales, where they display and sell your gun for a percentage of the final sale price. This can be beneficial if you're not hurrying to sell and want a higher price.
Pro Tip: If you choose to consign your gun, choose our PrimeConsign™ instead. Enjoy up to potentially 88% of the total sale price!
Gun Shows
Gun shows in New Mexico let private sellers meet buyers in one place. These events attract gun lovers and collectors. They increase the chances of finding interested buyers.
Since selling at gun shows lets you meet buyers face-to-face, you can negotiate prices and answer questions directly. This personal approach can be advantageous in closing deals.
Pro tip: Know your bottom line and be ready to haggle, as gun show attendees often look for deals and may make counteroffers.
Pawn Shops
Pawn shops offer a quick and straightforward way to sell guns, often providing immediate cash. However, not all of them are FFL dealers. So, always locate pawn shops that accept guns.
Pawn shops generally offer the option to pawn your gun instead of selling it outright, allowing you to reclaim it later if desired. This can be useful if you need short-term cash but don't want to part with your gun permanently.
Note: When you pawn your gun and claim it after a short period of time, you’ll need to undergo a background check.
Conclusion
Selling a gun in New Mexico requires understanding the state's current laws and regulations. While New Mexico has relatively lenient gun laws, recent legislation has introduced changes. Who knows, the ban on assault weapons may become a law in the near future.
If you're looking for a hassle-free way to sell your gun while ensuring compliance with all current laws, sell to Cash for Arms. You can call us at (904) 977-5477.