New Mexico Knife Laws

New Mexico Knife LawsKnife laws in New Mexico are pretty strict for the knife-users. Concealed carrying of deadly or dangerous knives is completely banned here.

To know the list of the banned knives, you can follow this article because we are here to give you the thorough discussion of the US knife laws of this state.

 

 

Knives that are Prohibited in New Mexico

Switchblades and other automatic knives are totally banned in Mexico. Also, Balisong or butterfly knives are prohibited to own or to carry here.


For more on details, check the “30-7-8: Unlawful possession of switchblades”. 

“Unlawful possession of switchblades consists of any person, either manufacturing, causing to be manufactured, possessing, displaying, offering, selling, lending, giving away or purchasing any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity or by any outward or centrifugal thrust or movement.

Whoever commits unlawful possession of switchblades is guilty of a petty misdemeanor.”


 

What does the statute mean?

It is unlawful or illegal to possess, manufacture, display, offer, sell or purchase, lend, give or take any switchblade knife or any knife having the configuration of opening automatically with the help of hand pressure, spring or button. Also, the knives which open by the force of gravity are also in this category.

So, Switchblades and other automatic knives are illegal in Mexico and it is guilty of a petty misdemeanor who violates the law mentioned above.

 

Knife Carrying Laws

Carrying knives outside both openly or concealed have their different laws according to the knife laws. Any person can commit any sort of crime carrying one with him concealed or openly. So, carrying knives is the most important part for a knife-user and you should know the law exact it says in the statutes.

 

 Knife Open Carry laws

There is no restriction for a knife-user to carry any kind of knife openly in Mexico. But the knives you are carrying openly should be legal knives and the places you are carrying should be out of restrictions. For example, you cannot carry any knives even the legal ones on school premises, courthouses or in government buildings. That would be totally illegal.

 

Laws for Concealed Knife Carrying


“30-7-2: Unlawful carrying of a deadly weapon” mentions this clearly, that it is unlawful or illegal to carry a deadly weapon concealed anywhere. Now which weapons are considered as the deadly ones the statute below will describe that thoroughly.

“A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere…”

Punishment: If anyone violates this law as well as carries a deadly weapon unlawfully concealed, it will be guilty of a petty misdemeanor.

“C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.”


 

Definition of Deadly weapon


According to the section “30-1-12: Definitions,” deadly weapons mean usually any kind of weapon or instrument which can cause serious bodily injuries or even death.

This includes dirks, daggers, switchblades, bowie knives, brass knuckles, poniards, butcher knives, sword canes or other sharp pointed canes which can cause dangerous cuts, slingshots, bludgeons, slung shots and other dangerous weapons with which dangerous occurrences or wounds can be caused. (Source: https://law.justia.com/codes/new-mexico/2006/nmrc/jd_30-1-12-c4d7.html)

 

“B. “deadly weapon” means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword canes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;”


So, carrying the deadly weapons concealed indicate the knives mentioned in the statute above. For your convenience the name of the illegal knives to carry concealed are,

  1. Dirks
  2. Daggers
  3. Switchblades
  4. Bowie knives
  5. Brass knuckles
  6. Poniards
  7. Butcher knives
  8. Slingshots
  9. Bludgeons
  10. Slung shots
  11. Sword canes or other sharp pointed canes which can cause dangerous cuts, and
  12. Other dangerous weapons with which dangerous occurrences or wounds can be caused.

 

Exceptions for Carrying Knives Concealed

There are some situations when an authorized person can carry knives r deadly weapons concealed and he or she would not be punished.

The following cases are exceptional,

  • If anyone has the permit or license or has the ownership of that deadly weapon and he or she stays in his or her residence or on real property.
  • For any lawful protection of any person carrying a deadly weapon in a private automobile or other private transporting would be legal.
  • A peace officer who is authorized by the Law Enforcement Training Act.

“30-7-2: Unlawful carrying of a deadly weapon” mentions these all.

“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 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;

(3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [29-7-1 NMSA 1978]…”


 

Blade Sizes of the Knives

There is no specific blade length size of the knives to become legal to be owned or be carried. Whichever knives are legal to own or to carry concealed are of any blade length sizes.

 

Knife Laws for the Schools

New Mexican schools are also knife and weapon free zones like the other states. It is said in the section no. 30-7-2.1 that, carrying of deadly weapons on school premises unlawfully or illegally is guilty.

 

Exceptions:

There are some exceptions too. Some individuals can possess deadly weapons on school premises on special permission. Those people are,

  • A peace officer is allowed to possess a deadly weapon on school premises.
  • School authorized security personnel.
  • If a student or other school-authorized personnel is involved in the army or in other defense forces for any officer training programs, he or she is allowed to possess one too if necessary.
  • When it is about any authorized program on school premises and that regards carrying of any deadly weapons, this would be legal too.
  • For any lawful protection of any person more than nineteen years old, carrying a deadly weapon in a private automobile or other private transporting on school premises would be legal.

“A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:

(1) a peace officer;

(2) school security personnel;

(3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;

(4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or

(5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property.”


 

Knives that are Legal to Own

There is a lot to remember about the knife laws in New Mexico.  And the number of the legal knives is not that small also.

  • All kinds of pocket knives are legal.
  • Knives that are disguised under pen, cane, lipstick or belt buckles etc. are legal.
  • Dirks, daggers, stilettos and other double-edged knives are legal.
  • Ballistic knives are legal.
  • Bowie knives and other large single-edged knives are legal.
  • Throwing knives, throwing stars and other sorts of martial arts’ weapons are legal.
  • All sorts of undetectable knives are legal.

 

Sum up to the Knife Laws in New Mexico

New Mexican knife laws like the kentucky knife laws are not that tough to remember. It is better if you don’t carry any knife concealed out there as their knife concealing issue is very restrictive than possessing one. Who knows you might get offended even though you do not have any bad intention!

Though, switchblades and Balisong knives are banned here like the most other states. But, the list of the deadly weapons which cannot be carried concealed is bigger. So, it is the time you know the laws first and be cautious if you are a knife-user or planning to be one!

Resources: https://law.justia.com/codes/new-mexico/2011/chapter30/article7/section30-7-8/

https://law.justia.com/codes/new-mexico/2011/chapter30/article7/section30-7-2.1/

https://law.justia.com/codes/new-mexico/2011/chapter30/article7/section30-7-2/

http://www.handgunlaw.us/documents/USKnife2.pdf

https://www.courtlistener.com/opinion/1120804/state-v-riddall/


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One response to “New Mexico Knife Laws”

  1. Nick Avatar
    Nick

    All pocketknives are legal to carry concealed. In State v. Nick, the NM Supreme Court found that a pocketknife that doesn’t fit the switchblade definition is only a weapon if carried with the intent to use it as one. Importantly, there is a difference between “criminal intent” and intent to use the knife as a deadly weapon. This means, among other things, that simply having a pocketknife on you while committing a crime does not make it a deadly weapon. Also notable is that the burden of proof is on the prosecution to prove deadly intent, not on the citizen to prove a lack of deadly intent.

    In the court’s words:
    The ‘deadly weapons’ definitional statute, which includes specifically named weapons and several generic catchalls, neither refers to a pocketknife in particular nor to all knives in general. While it includes “any firearm, whether loaded or unloaded,” it does not include “any knife.”
    and
    The striking characteristic of all the inherently dangerous items identified by name in the statute is that they are generally carried on one’s person for their utility as offensive or defensive weapons. In contrast, no definition of “pocketknife” we have found refers to it as a “weapon” or refers to its having a purpose of use against other human beings.

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