Brief Overview Of New Mexico State Laws Concerning Air Guns
New Mexico has no laws regulating air guns.
How old do you need to be to purchase a BB gun, airgun, air rifle or pellet gun in New Mexico?
In New Mexico you must be 18 Years Old to purchase a BB gun, airgun, air rifle or pellet gun.
New Mexico Air Gun Hunting Regulations
New Mexico allows air gun hunting for certain species. These species include:
• Blue Grouse
• Coyote
• Eurasia Collard Dove
• Grouse
• Rabbit
• Skunk
Air Gun Laws In Local Jurisdictions
Below are the laws and ordinances for local jurisdictions in the state of New Mexico regarding airguns, BB guns, pellet guns and airsoft guns:
ALAMOGORDO, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
ARTICLE 11 – 05. OFFENSES RELATING TO PUBLIC ORDER AND SAFETY – Alamogordo, New Mexico – Code of Ordinances
11-05-340. – Weapons—Definitions.
As used in this section:
Firearm shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the power of springs and including what are commonly known as air rifles and BB guns.
(Code 1960, § 6-2-37; Ord. No. 552, 1-11-77)
ALBUQUERQUE, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
12-2-11 PROPULSION OF MISSILES.
Propulsion of missiles consists of shooting, slinging or throwing snowballs, stones, rocks, pellets, BB shot or any kind of missile, object or substance whatsoever in any manner as to be reasonably likely to cause injury to any person or property. This provision shall not be construed to prohibit target firing when conducted so as to secure safety of the inhabitants of the city.
Target firing may be permitted when conducted on ranges meeting the specifications of the National Rifle Association or its equivalent upon submitting proof that such range meets such specifications and upon obtaining a permit from the Mayor or his designated representative based on such proof. (’74 Code, § 12-1-2-11) (Ord. 96-1973; Am. Ord. 78-1978)
BELEN, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
Chapter Two PUBLIC ORDER AND SAFETY – Belen, New Mexico – Code of Ordinances
2-1-13 – Deadly weapons
B. Discharge of Firearms. It is unlawful to discharge within the municipality limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.
C. Air and B-B Guns. It is unlawful for anyone to shoot within the municipality any air rifle, air gun or B-B gun. Parents who permit the violation of this section shall be deemed guilty of a violation of Section 5-1-7
G. Sales to Minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or B-B gun, or ammunition for any firearm to any person under the age of eighteen (18) years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his or her child or ward.
County of BERNALILLO, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
ARTICLE I. PARKS AND RECREATION MANAGEMENT Bernalillo County, New Mexico Code of Ordinances
Sec. 58-12. Penalty and prohibited conduct.
(a) Penalty. Except as otherwise provided in this article, any violation of the provisions of section 58-12 is punishable in accordance with section 1-6
(b) Prohibited conduct.
(27) Firearms and weapons.
a. No person shall possess, use, discharge or cause to be discharged any firearm or weapon, including, but not limited to, any air or gas weapon, air rifle or pistol, BB gun, pellet gun, potato cannon, blow gun, spring gun, spear gun, paintball gun, air-soft gun, bow and arrow, crossbow, slingshot, stun gun, spear, sword, knife with blade over five inches long or any other form of weapon harmful to human or animal in any park and recreation facility, except for authorized archery activities at the El Refugio Archery Range or as otherwise authorized in accordance with county, state or federal laws.
b. No person shall discharge or cause to be discharged any firearm or weapon listed in subsection 58-12(b)(27)a. into or across any park and recreation facility from outside the boundary of a park and recreation facility.
ARTICLE II. BERNALILLO COUNTY OPEN SPACE MANAGEMENT Bernalillo County, New Mexico Code of Ordinances
(27) Firearms and weapons.
a. No person shall possess, use, discharge or cause to be discharged any firearm or weapon, including, but not limited to any air or gas weapon, air rifle or pistol, BB gun, pellet gun, potato cannon, blow gun, spring gun, spear gun, paintball gun, air-soft gun, bow and arrow, crossbow, slingshot, stun gun, spear, sword, knife with blade over five inches long or any other form of weapon harmful to human or animal in any open space, except as otherwise authorized in accordance with county, state or federal laws.
b. No person shall discharge or cause to be discharged any firearm or weapon listed in subsection (27)a. into or across any open space from outside the boundary of an open space.
BLOOMFIELD, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
DIVISION 1. GENERALLY Bloomfield, New Mexico Code of Ordinances
Sec. 11-96. Deadly weapons
(b) Discharge of firearms. It is unlawful to discharge within the city limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.
(c) Air and BB guns. It is unlawful for anyone to shoot any air rifle, air gun or BB gun. Parents who permit the violation of this section shall be deemed guilty of a violation of section 11-137. This section has no application in cases involving the discharge of any air gun, designed to propel a mechanism for the distribution of paint or dye, for purposes of recreational competition or training among willing participants.
(g) Sale to minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or BB gun, or ammunition for any firearm to any person under the age of eighteen (18) years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
(h) Forfeiture of deadly weapons. Every person convicted of the violation of this Code shall forfeit to the city any weapons involved in the violation.
(i) Disposition of forfeited weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of this Code shall deliver the same to the chief of police to be held by him until judgment is entered for the offense and upon the finding of guilt the weapon shall be disposed of as provided in N.M.S.A. 1978, § 3-55-2.
(Ord. No. 94, § 1-13, 5-9-77; Ord. No. 387, 9-13-04)
State law reference— Weapons and explosives, N.M.S.A. 1978, § 30-7-1 et seq.
CARLSBAD, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
Chapter 32 OFFENSES AND MISCELLANEOUS PROVISIONS – Carlsbad, New Mexico – Code of Ordinances
Sec. 32-4. – Air guns, slingshots, etc.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Air gun shall mean any and all guns, rifles, carbines, pistols, revolvers and automatics or any similar tubular devices for throwing a projectile by the use of air, gas or spring.
Pellets shall mean any and all types of ammunition, pellets, shot, “B-B” or other projectiles that are manufactured and sold for use in air guns or slingshots.
Slingshot shall mean slings, slingshots and any other similar device by the use of which small stones, marbles or the like can be thrown, shot, slung or discharged.
(b) Use, shooting, or discharge prohibited. The use, shooting or discharging of an air gun or slingshot is prohibited and is hereby declared to be unlawful in the limits of the city. Any person found guilty of a violation of any of the provisions of this subsection shall be deemed guilty of committing a misdemeanor and shall be punished as provided for in section 1-6.
(c) Custodial responsibility. It shall be unlawful for any parent, guardian or other person having custody of any child under the age of 18 years to knowingly permit such child to use, carry, shoot or discharge any air gun or slingshot in the city. Any person found guilty of a violation of any of the provisions of this section shall be deemed guilty of committing a misdemeanor and shall be punished as provided for by section 1-6.
(Code 1974, §§ 23-1—23-4; Ord. No. 1024, § 23-4, 11-13-90)
CLOVIS, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
Chapter 9.82 AIR RIFLES AND PELLET GUNS – Clovis, New Mexico – Code of Ordinances
9.82.010 – Carrying or discharging loaded air rifles or pellet guns unlawful.
No person shall carry or discharge any pellet gun, BB gun, air rifle or air pistol of any description, by whatever name it may be known, that by means of compressed air, compressed gas, springs or any other means of propulsion is capable of discharging shots, pellets, or any other projectiles.
(Prior code §13-10.1 (part)).
9.82.020 – Exceptions.
The prohibitions of this chapter shall not apply to licensed shooting galleries, or on private grounds or premises under circumstances when such weapon can be fired, discharged or operated in a manner such as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any ground or space outside the limits of such gallery, grounds or residence.
(Prior code §13-10.1 (part)).
9.82.030 – Interpretation.
Nothing contained in this chapter shall be construed to prevent the carrying of such weapons, when unloaded, to or from any range or gallery or to or from an area where the discharge of such weapon is permitted by law.
(Prior code §13-10.1 (part).
FARMINGTON, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
DIVISION 2. WEAPONS Farmington, New Mexico Code of Ordinances
Sec. 18-5-44. Firing of rifle or pistol.
No person shall fire or discharge a rifle, gun, pistol, air rifle or air pistol within the city, except when such is done by lawful authority or in the lawful defense of himself, his family or his property.
(Code 1969, § 21-79)
Sec. 18-5-45. Furnishing to minors.
No person shall sell, lend or furnish to any minor below the age of 16 any gun, pistol or other firearm within the city, nor shall any person in the city sell or give to any minor below the age of 16 any cartridges of fixed ammunition of which any fulminate is a component part.
(Code 1969, § 21-80)
Cross reference— Offenses related to minors, § 18-8-1 et seq.
HOBBS, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
Chapter 9.36 WEAPONS – Hobbs, New Mexico – Code of Ordinances
9.36.010 – B-B or pellet guns defined.
“B-B or pellet guns” shall be defined as any instrument, whether or not designed as a pistol or rifle, which by reason of its mechanical construction, enables the propelling by force of compressed air or any other means of B-B’s, pellets or other metal or hard substance; provided, that B-B or pellet guns whose trajectory or other internal parts have been removed shall not be included in such definition; provided, further, that firearms or other weapons wherein the mechanical construction requires an internal combustion to create an expelling force shall not be included in such definition.
(Prior code § 19-8)
9.36.020 – B-B or pellet guns—Discharge.
It is unlawful for any person to discharge any B-B or pellet gun within the City limits.
(Prior code § 19-9)
9.36.030 – B-B or pellet guns—Responsibility of parents and guardians.
Parents, guardians or other persons in loco parentis having control, of children, or persons subject to the provisions of Sections 9.36.010 to 9.36.030, are made responsible for the acts of such children or other persons subject to the provisions of such sections for the possession or the discharge of B-B or pellet guns, and any parent, guardian or person who permits the possession of such B-B gun or pellet gun by a minor child shall be deemed guilty of a misdemeanor.
(Prior code § 19-10)
9.36.040 – Deadly weapons defined.
“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, and any other weapons with which dangerous wounds can be inflicted.
(Prior code § 19-24)
9.36.050 – Carrying a deadly weapon defined.
“Carrying a deadly weapon” means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.
(Prior code § 19-25)
9.36.060 – Deadly weapon—Unlawful carrying.
No person in the City shall commit unlawful carrying of a deadly weapon.
“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:
A. In the person’s residence or on real property belonging to him or her as owner, lessee, tenant or licensee;
B. In a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property while traveling;
C. By a peace officer in the lawful discharge of his or her duties.
Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.
(Prior code § 19-29)
9.36.070 – Deadly weapon—Unlawful possession by felon.
It is unlawful for any convicted felon to possess a deadly weapon, as defined in section 9.36.040, within the City.
(Prior code § 19-26.1)
9.36.080 – Deadly weapon—Negligent use.
No person in the City shall commit negligent use of a weapon.
“Negligent use of a weapon” consists of:
A. Unlawfully discharging a firearm in the proximity of a building or into any building or vehicle, so as to knowingly endanger a person or his or her property;
B. Carrying a firearm while under the influence of an intoxicant or narcotic;
C. Endangering the safety of another or his or her property by handling or using a firearm or other deadly weapon in a negligent manner; or
D. Selling, loaning or furnishing any deadly weapon to a person with knowledge that the person is under the influence of any intoxicant or narcotic or that the person is incompetent.
(Prior code § 19-27)
LAS CRUCES, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
DIVISION 3. WEAPONS Las Cruces, New Mexico Code of Ordinances
Sec. 19-164. Prohibited use of weapons and firearms.
(a) It shall be unlawful for any person to:
(1) Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate city limits.
(2) Discharge any air rifle, air pistol or BB gun within the corporate city limits.
(3) As parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.
(4) Carry a firearm while under the influence of an intoxicant or narcotic.
(5) Endanger the safety or security of another person or his property by handling or using a firearm or other deadly weapon in a negligent manner.
(b) Subsection (a)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle, or other firearm in any firing range that meets all other standards imposed by law. Regulations concerning such standards shall be promulgated by the police department and the police department shall be responsible for their enforcement.
(c) Subsection (a)(2) of this section shall not apply to air rifles, air pistols and BB guns that are discharged on ranges which meet the safety standards established by the police department. Ranges meeting these safety standards may be established in publicly or privately owned buildings, including residential dwellings. These firing ranges meeting safety standards must be approved by the police department. These firing ranges shall be subject to inspection by the police department.
(d) It shall be unlawful for any person under the age of 18 years to discharge or fire any firearm or air-gun, as outlined in subsections (b) and (c) of this section, unless supervised by an adult.
(e) Subsections (a)(1) and (a)(2) of this section shall not apply to any authorized police or peace officer discharging any weapon or firearm in the lawful pursuit of duty.
(Code 1988, § 21-104)
LOS LUNAS, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
Chapter 9.08 OFFENSES AGAINST PUBLIC ORDER AND SAFETY – Los Lunas, New Mexico – Code of Ordinances
9.08.120 – Deadly weapons.
A. Carrying of Deadly Weapons. It is unlawful to carry within the municipality a concealed, loaded firearm or other weapon 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, chains, can openers, ice picks and all such weapons with which dangerous cuts or punctures can be inflicted, including sword-canes and any kind of sharp pointed canes, also slingshots, bludgeons or any other weapon with which dangerous wounds can be inflicted, except in a person’s residence or on real property belonging to him as owner, lessee, tenant or licensee or in a private automobile or other private means of conveyance for lawful protection of one’s person or property while traveling or for other lawful purposes.
B. Discharge of Firearms. It is unlawful to discharge within the municipality limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided, that this section has no application in cases involving the discharge of a firearm for lawful purposes.
C. Air and B.B. Guns. It is unlawful for anyone to shoot within the municipality any air rifle, air gun or B.B. gun. Parents who permit the violation of this section shall be deemed guilty of a violation of Section 9.20.060
G. Sales to Minors. It is unlawful to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air gun or B.B. gun, or ammunition for any firearm or any person under the age of eighteen years provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
H. Disposition of Seized Weapons. Every police officer upon making an arrest and taking a weapon used in the violation of any section of this code shall deliver the same to the chief of police to be held by him until judgment is entered for the offense and upon the finding of guilt the weapon shall be disposed of as provided in Section 3-55-2 NMSA 1978.
(Ord. 106 § 2-1-13, 1980)
Chapter 9.08 OFFENSES AGAINST PUBLIC ORDER AND SAFETY – Los Lunas, New Mexico – Code of Ordinances
2.48.030 – General park regulations.
Any person, persons or groups utilizing any parks and recreation facility or open public space area shall adhere to the following regulations:
K. Discharging or carrying firearms, crossbows, fireworks, explosives or projectile weapons of any kind are not permitted. This includes paintball, BB, pellet, air, and blow guns; rockets, crossbows, longbows and slingshots.
PORTALES, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
ARTICLE I. IN GENERAL Portales, New Mexico Code of Ordinances
Sec. 17-8. Discharge of firearms.
It shall be unlawful for any person to fire or discharge any air gun, air pistol, BB gun or BB pistol, or any other gun or pistol made or designed to discharge a pellet or other projectile by means of forced or compressed air, within the limits of the city.
(Ord. No. 220, § 1, 4-3-51)
ARTICLE III. PROHIBITED ACTIVITIES IN CITY PARKS AND CEMETERY Portales, New Mexico Code of Ordinances
Sec. 17-56. Firearms, weapons and tools.
It shall be unlawful for any person to bring into or have in his possession in any public park, cemetery or recreation area:
(1) Any pistol or revolver or objects upon which loaded or blank cartridges may be used.
(3) Any rifle, shotgun, BB gun, air gun, spring gun, sling-shot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.
(Ord. No. 649, § 6, 6-15-04)
SILVER CITY, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
DIVISION 2. WEAPONS – Silver City, New Mexico – Code of Ordinances
Sec. 34-150. – Sales to minors.
It shall be unlawful for any person to give, sell, trade, barter or exchange for anything of value any deadly weapon, air rifle, air-gun or BB gun, or ammunition for any firearm to any person under the age of 18 years; provided that this section shall not be construed to prevent any parent or legal guardian from purchasing firearms or ammunition for his child or ward.
(Code 1979, § 18-95; Code 2005, § 132.044)
Sec. 34-153. – Prohibited uses.
(a) It shall be unlawful for any person to:
(1) Fire or discharge any gun, pistol, rifle or other firearm of any description within the corporate town limits;
(2) Fire or discharge any BB gun, air pistol, air rifle or slingshot within the corporate town limits;
(3) Shoot or sling an arrow with a bow or any other device within the corporate town limits;
(4) Throw any stone, rock, or other propellant, missile or substance in any manner so as to be reasonably likely to cause injury to any person or property;
(5) Carry a firearm while under the influence of an intoxicant or narcotic;
(6) Endanger the safety of another or his property by handling a firearm, BB gun, bow, air pistol, air rifle or slingshot in a negligent manner; and
(7) As a parent or guardian or other adult person having the care or custody of a child, permit any child under the age of 18 years to violate this section.
(b) Exceptions.
(1) Subsection (a)(1) of this section shall not apply to the discharging or firing of any gun, pistol, rifle, or other firearm in any firing range that meets all other standards imposed by law.
(2) Subsection (a)(2) of this section shall not apply to air rifles, air pistols, and BB guns that are discharged on any firing range that meets safety standards established and promulgated by the police department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(3) Subsection (a)(3) of this section shall not be construed to prohibit target firing of a bow that is discharged on any firing range that meets safety standards established and promulgated by the police department, or target firing on private property owned or lawfully occupied by the person, or target firing on the property of another when properly authorized. Any shooting thereon must be conducted in a non-negligent manner so as to secure the safety of the inhabitants and their property.
(4) Subsections (a)(1) through (3) of this section shall not be construed to prohibit the use of a weapon in the valid exercise of the right of self-defense of person or property.
(5) Subsections (a)(1) through (3) of this section shall not apply to any authorized police or police officer discharging any weapon or firearm in the lawful pursuit of duty.
(c) Whoever shall violate any of the provisions of this section is guilty of a municipal offense and shall be subject to the general penalty provisions of section 1-9
(Ord. No. 1077, § 18-101, 3-25-2003)
TUCUMCARI, NEW MEXICO – AIR GUN LAWS AND REGULATIONS
Chapter 9.04 OFFENSES RELATING TO PUBLIC ORDER AND SAFETY – Tucumcari, New Mexico – Code of Ordinances
9.04.070 – Deadly weapons.
A. Discharge of Firearms. It is unlawful to discharge within the city limits any pistol, revolver, rifle or shotgun which may be used for the explosion of cartridges, or any gas-operated gun or any device used for propelling missiles, or any slingshot or missile propelling device, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether any instrument is called by any name set forth above or by any other name; provided that this section has no application in cases involving the discharge of a firearm for lawful purposes.
B. Air and B-B Guns. It is unlawful for anyone to shoot any air rifle, air gun or B-B gun. Parents who permit the violation of this section shall be deemed guilty of a violation of Section 9.16.040
C. Exception for Peace Officers. The provisions set forth above shall not be construed to forbid police officers from carrying, wearing or discharging such weapons as shall be necessary in the proper discharge of their duties.
(Ord. 932 § 28(part), 1999; prior code § 12-1-14)
Disclaimer
These rules and regulations were compiled to the best of my ability. The information on this article should not constitute as legal advice. Always check with your local jurisdiction for the final ruling.