The New Mexico Regulation and Licensing Department has updated some required posters. If you are looking for a required poster update, NMRA is here to help. The three posters below have either been updated or have recently become regulation, and there is other information on required posters on the New Mexico’s RLD website here.
Carrying of any firearm is NOT allowed into liquor establishments where on-premise consumption (bars, restaurants with a full service license, nightclubs, etc.) is taking place. On-premise license holders ARE required to display the required poster.
You MUST post ONE of the following choices:
No Firearms Allowed – To be posted in all full service liquor establishments where on-premise consumption is taking place and in any restaurant licensee that has elected to prohibit firearms of any kind, whether open or concealed, on its licensed premises by conspicuously posting this sign.
No Firearms Allowed EXCEPT concealed carry –To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premise, or restaurant licensee that has not elected to prohibit firearms of any kind whether open or concealed, on its premise by conspicuously posting the sign on its premises.
No Firearms Allowed by Election of Landowner Poster – To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premises but choose to prohibit all firearms at the election of the landowner.
Please note that 15.11.2.10 only addressed criminal liability. This rule does not address the rights of any licensee to prohibit firearms under civil law.
New Mexico Statute § 30-7-3. Unlawful carrying of a firearm in licensed liquor establishment
A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:
(1) by a law enforcement officer in the lawful discharge of the officer’s duties;
(2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer’s law enforcement agency;
(3) by the owner, lessee, tenant or operator of the licensed premises or the owner’s, lessee’s, tenant’s or operator’s agents, including privately employed security personnel during the performance of their duties;
(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act on the premises of:
(a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;
(5) by a person in that area of the licensed premises usually and primarily rented on a daily or short-term basis for sleeping or residential occupancy, including hotel or motel rooms;
(6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or
(7) for the purpose of temporary display, provided that the firearm is:
(a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and
(b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.
B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.
MANDATORY POSTERS (copied from NM Alcohol & Gaming Division website):
As required by 15.11.2.10 NMAC, all Licensees dispensing alcohol by package or by drink must conspicuously post the following Four (4) Posters:
AND, Choose ONE of the following Firearm Posters, as appropriate:
4a. No Firearms Allowed Poster
To be posted in any restaurant that has elected to prohibit firearms of any kind, whether open or concealed, on its licensed premises by conspicuously posting this sign, and in all other licensed premise that are licensed to sell beer, wine, or spirits for on-premise consumption.
4b. No Firearms Allowed EXCEPT Concealed Carry Poster
To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premise, or restaurant that has not elected to prohibit firearms of any kind whether open or concealed, on its premise by conspicuously posting the sign on its premises.
4c. No Firearms Allowed by Election of Landowner Poster
To be posted on all licensed premises that do not sell alcoholic beverages for consumption on the premises but choose to prohibit all firearms at the election of the landowner.
Please note that 15.11.2.10 only addressed criminal liability. This rule does not address the rights of any licensee to prohibit firearms under civil law.
Memo from Director-Changes in the Law for Firearms, issued 8/16/2011
