New Mexico Statutes

N.M. Stat. § 30-7-2 (2026)

1 NMSA 1978.

✓ current as of May 2026

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Suspension constitutional. — A school’s decision to suspend a student who “should
have known” he was bringing a weapon onto school property does not violate the
student’s substantive due process right to a public education, if any such right exists.
Butler v. Rio Rancho Pub. Sch. Bd. of Educ., 341 F.3d 1197 (10th Cir. 2003).

Notes of Decisions

Cited in 29 cases (2 in the last 5 years), 1983–2024 · leading case: State v. Riddall, 811 P.2d 576 (N.M. Ct. App. 1991).

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State v. Riddall, 811 P.2d 576 (N.M. Ct. App. 1991). · cites it 44× “d on appeal include (3) whether the trial court erred in allowing a police officer to demonstrate the knife as part of the state's case under Section 30-7-8, (4) whether the trial court erred in joining the misdemeanor charges with the felony charge, and (5) whether there was…”

State v. Traeger, 29 P.3d 518 (N.M. 2001). · cites it 10× “For example, by altering Section 30-1-12(B), we would be altering NMSA 1978, § 30-7-2 (1985), that prohibits the carrying of a deadly weapon.”

United States v. Rodriguez, 739 F.3d 481 (10th Cir. 2013). · cites it 9× “]” N.M. Stat. Ann. § 30-7-2 (A). The issue presented in this appeal is whether a police officer who observes a handgun tucked in the waistband underneath the shirt of a convenience store employee has reasonable suspicion that the employee is unlawfully carrying a deadly weapon…”

United States v. Rodriguez, 836 F. Supp. 2d 1258 (D.N.M. 2011). · cites it 12× “Accordingly, we express no opinion on whether a police officer’s observation of an apparently loaded pistol partially tucked under a motorist’s leg would support a reasonable suspicion that the motorist was engaged in criminal activity other than to note that the state law…”

State v. NICK R., 218 P.3d 868 (N.M. 2009). · cites it 4× “If we were to hold that a pocketknife is a per se deadly weapon, it would mean a person who carried one at work, on a fishing trip, or virtually anywhere else would commit the criminal offense of carrying a deadly weapon, in violation of Section 30-7-2. It would increase that…”

State v. Garcia, 116 P.3d 72 (N.M. 2005). · cites it 2× “(quoting NMSA 1978, § 30-7-2(A)(2) (2001)); see also N.”

Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013). · cites it 2× “§ 2C:39-5(b); N.M. Stat. Ann. § 30-7-2 (A)(5); N.Y. Penal Law §§ 265.”

Commonwealth v. Hicks, M., Aplt., 208 A.3d 916 (Pa. 2019). “But where a police officer in New Mexico has personal knowledge that an individual is carrying a concealed handgun, the officer has reasonable suspicion that a violation of N.M. Stat. Ann. § 30-7-2 (A) is occurring absent a readily apparent exception to subsection (A)'s…”

State v. Ketelson, 257 P.3d 957 (N.M. 2011). · cites it 2× “NMSA 1978, § 30-7-2(A)(2) (2001); see N.M.”

Poolaw v. Marcantel, 565 F.3d 721 (10th Cir. 2009). · cites it 2× “[15] Because it is lawful to carry a gun in a vehicle in New Mexico, N.M. Stat. § 30-7-2(A)(2); United States v.”

State v. Hamdan, 2003 WI 113 (Wis. 2003). · cites it 2× “See N.M. Stat. Ann. § 30-7-2 (A)(1) (Michie Supp.”

State v. McDuffie, 739 P.2d 989 (N.M. Ct. App. 1987). · cites it 6× “Defendant raises three issues on appeal: 1) whether refusal to grant a continuance, so that defendant could be present at all stages of his trial, was error; 2) whether defendant received ineffective assistance of counsel; and 3) whether NMSA 1978, Section 30-7-2 (Cum.Supp.1986)…”

Show all 29 citing cases →

— N.M. Stat. § 30-7-2(A) — 4 cases

State v. NICK R., 218 P.3d 868 (N.M. 2009). “If we were to hold that a pocketknife is a per se deadly weapon, it would mean a person who carried one at work, on a fishing trip, or virtually anywhere else would commit the criminal offense of carrying a deadly weapon, in violation of Section 30-7-2. It would increase that…”

State v. Anderson, 24 P.3d 327 (N.M. Ct. App. 2001).

State v. Galaz, 70 P.3d 784 (N.M. Ct. App. 2003).

United States v. Rodriguez, 739 F.3d 481 (10th Cir. 2013). “]” N.M. Stat. Ann. § 30-7-2 (A). The issue presented in this appeal is whether a police officer who observes a handgun tucked in the waistband underneath the shirt of a convenience store employee has reasonable suspicion that the employee is unlawfully carrying a deadly weapon…”

— N.M. Stat. § 30-7-2(A)(1) — 1 case

United States v. Rodriguez, 836 F. Supp. 2d 1258 (D.N.M. 2011). “Accordingly, we express no opinion on whether a police officer’s observation of an apparently loaded pistol partially tucked under a motorist’s leg would support a reasonable suspicion that the motorist was engaged in criminal activity other than to note that the state law…”

— N.M. Stat. § 30-7-2(A)(2) — 5 cases

State v. Garcia, 116 P.3d 72 (N.M. 2005). “(quoting NMSA 1978, § 30-7-2(A)(2) (2001)); see also N.”

State v. Ketelson, 257 P.3d 957 (N.M. 2011). “NMSA 1978, § 30-7-2(A)(2) (2001); see N.M.”

Poolaw v. Marcantel, 565 F.3d 721 (10th Cir. 2009). “[15] Because it is lawful to carry a gun in a vehicle in New Mexico, N.M. Stat. § 30-7-2(A)(2); United States v.”

State v. Gutierrez, 94 P.3d 18 (N.M. Ct. App. 2004).

State v. Garcia, 92 P.3d 41 (N.M. Ct. App. 2004).

— N.M. Stat. § 30-7-2(A)(3) — 2 cases

Rayos v. State Ex Rel. New Mexico Dep't of Corr., Adult Prob. & Parole Div., 2014 NMCA 103 (N.M. Ct. App. 2014).

Rayos v. State ex rel. N.M. Dep't of Corr. (N.M. Ct. App. 2014).

— N.M. Stat. § 30-7-2(A)(5) — 3 cases

State ex rel. New Mexico Voices for Child., Inc. v. Denko, 2004 NMSC 011 (N.M. 2004).

State Ex Rel. Voices for Child. v. Denko, 90 P.3d 458 (N.M. 2004).

— N.M. Stat. § 30-7-2(A)(l) — 1 case

— N.M. Stat. § 30-7-2(C) — 1 case

Torgerson v. Starr (D.N.M. 2024).

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