New Mexico Statutes

N.M. Stat. § 60-2E-2 (2026)

Policy

✓ laws through the 2025 session (retrieved May 2026)
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It is the state's policy on gaming that:

A. limited gaming activities should be allowed in the state if those activities are strictly regulated to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences; and

B. the holder of any license issued by the state in connection with the regulation of gaming activities has a revocable privilege only and has no property right or vested interest in the license.

History: Laws 1997, ch. 190, § 4.

ANNOTATIONS

Town's charter, authorizing the regulation of gaming, has been impliedly repealed by the Gaming Control Act. — The Gaming Control Act, 60-2E-1 to 60-2E-62 NMSA 1978, regulates all aspects of permissible gaming in the state, including gaming operators, gaming employees, gaming device distributors and manufacturers, and gaming machines; the Gaming Control Act authorizes the gaming control board to adopt regulations that, among other things, govern the issuance of licenses and permits, define authorized games and gaming devices, govern the manufacture, distribution and repair of gaming devices, and prescribe accounting and security procedures required of licensees. Based on its provisions, it is clear that the New Mexico legislature intended the Gaming Control Act to cover all aspects of gaming regulation, and constitutes a comprehensive law covering the whole subject matter of gaming in the state, and therefore, the town of Silver City's charter, which authorizes Silver City to tax, regulate and restrain gambling within and up to one mile outside the town limits, has been impliedly repealed by the Gaming Control Act. The town of Silver City has no power to permit, tax or otherwise regulate gambling. Regulation of Gambling in the Town of Silver City (2/7/17), Att'y Gen. Adv. Ltr. 2017-02.

Notes of Decisions
Cited in 3 cases, 2005–2017 · leading case: Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016).
Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). · cites it 3× “See Qualified Immunity Motion at 9 (noting that the Gaming Control Act commands the Gaming Board to “strictly regulate[ gaming activities] to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences”)(quoting N.”
Pueblo of Pojoaque v. New Mexico, 233 F. Supp. 3d 1021 (D.N.M. 2017). “§ 60-2E-2(A). The Gaming Board’s actions are consistent with its statutory mandate to ensure that gaming activities in New Mexico are conducted in accordance with these laws.”
State Ex Rel. New Mexico Gaming Control Bd. v. Ten (10) Gaming Devices, 2005-NMCA-117, 120 P.3d 848. · cites it 2× “]” Section 60-2E-2(A). Accordingly, “gaming activity” is illegal in New Mexico unless “conducted in compliance with and pursuant to” the Act or some other state or federal law which “expressly permits the activity or exempts it from the application of the state criminal law[.”
N.M. Stat. § 60-2E-2(A): 3 cases
Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). “See Qualified Immunity Motion at 9 (noting that the Gaming Control Act commands the Gaming Board to “strictly regulate[ gaming activities] to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences”)(quoting N.”
Pueblo of Pojoaque v. New Mexico, 233 F. Supp. 3d 1021 (D.N.M. 2017). “§ 60-2E-2(A). The Gaming Board’s actions are consistent with its statutory mandate to ensure that gaming activities in New Mexico are conducted in accordance with these laws.”
State Ex Rel. New Mexico Gaming Control Bd. v. Ten (10) Gaming Devices, 2005-NMCA-117, 120 P.3d 848. “]” Section 60-2E-2(A). Accordingly, “gaming activity” is illegal in New Mexico unless “conducted in compliance with and pursuant to” the Act or some other state or federal law which “expressly permits the activity or exempts it from the application of the state criminal law[.”
N.M. Stat. § 60-2E-2(B): 1 case
Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). “See Qualified Immunity Motion at 9 (noting that the Gaming Control Act commands the Gaming Board to “strictly regulate[ gaming activities] to ensure honest and competitive gaming that is free from criminal and corruptive elements and influences”)(quoting N.”
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