NM: Are New Mexico Gun Bans at Rest Areas Legal?

Gun Watch ^ | 5 August, 2015 | Dean Weingarten

[marktwain]

When I crossed the border into New Mexico from Arizona on I-40 this summer, I stopped at the Manuelito Visitor Center/Rest Area.  I saw the rest area rules and read them.

The line at the bottom of paragraph 2. said:

 ALL FIREARMS MUST REMAIN IN VEHICLES.

New Mexico has a strong pre-emption law, enforced by their Supreme Court.  Rest areas, according to handgunlaw.com(pdf) are not a prohibited area.   From the map below, it seems that the Manuelito rest area, which is on I-40 across the border from Arizona, on the way to Gallup, is not in an Indian reservation.

The sign seems fairly new, and the visitor center was opened in May of 2008. 

Rest areas can be a dangerous place for travelers, especially single women.  In 1998, two local Arizona organizations, Brassroots and S.A.F.E., joined forces to protest the illegal signs at the Sacaton rest area near Tucson.   Within a month, Arizona DPS employees were busy removing the prohibition from Arizona rest area signs.   The bad signs at the Arizona rest stops had identical wording to the New Mexico signs in paragraph 2, where the prohibition on firearms outside of the vehicle is listed.

Arizona continues to correct the odd old/bad sign that is found in place.

Recently, Second Amendment activists fought the Alabama Department of Transportation, won the support of Governor  Bentley, and had illegal "No Weapon" signs taken down from Alabama rest areas.

The similarity of the signs makes me wonder if someone in New Mexico made a conscious decision to ban firearms in rest areas, or if they simply copied a design for rest area signs.

A quick search of the New Mexico DOT web site did not come up with any reference to rest area rules.

I contacted the NM DOT.  The person that I talked to knew that licensed concealed carry was legal in New Mexico, and that people did not need a license for open carry.    They were uncertain where the wording had come from, but agreed that it might have been something that was historical and simply continued.  They agreed to pass the query along.  I expect to hear back before too long.

Anyone who has pictures of signs at other New Mexico rest areas, please let me know so that we can document them.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Did a bureaucrat just use one state's sign as a template for the other?

Are there other states that have signs banning guns in rest areas?

[Cletus.D.Yokel]

Twainy: You do understand that this would be enforceable ONLY when the State Trooper is on location during [radar-timing*] of highway traffic; likely most important in the late-night and early morning hours.

[*] radar-timing in the I-State rest area is a euphemism for “catching a few ZZZs”.

[Darksheare]

It keeps the homos aggressively trawling the rest areas from being ventilated.
No, it’s not legal.

[Tijeras_Slim]

They probably had a bunch of those things stacked up in a DOT warehouse and didn’t pay any attention. As far as I know it’s not a topic amongst NM shooters / carriers.

[RC one]

I required my pistol in the New Mexico desert one day. I figured out that I was about to be robbed by three thugs at a sleepy little gas station while I was pumping gas.

One of the thugs was posted in the road as a lookout. Another one was posted right beside my wife who was sitting in the passenger seat of the truck.

The third one was casing the gas station to make sure there were no witnesses. I had my .357 magnum in the vehicle's door cargo area as prescribed by the law but it was still within arms reach as I pumped gas.

I had about 8 seconds to grab it and stick it behind my back while I waited for the situation to develop. Dude number three approached me and I stared him in the eyes and let him know that I knew what was up and was ready for it.

He looked over at the guy standing by my wife, shook his head a couple of times, and all three of them slunk back into the shadows without incident.

We drove on to Roswell high on adrenaline. I didn't have to shoot anybody but it was definitely a DGU and a life changing experience for my wife and I.

I preferred Arizona's open carry laws. That little .357 was always on my side while in Arizona. I liked Arizona's gun laws so much that I intend to move out there.

[mad_as_he$$]

I was planning a hunt to NM. Canceled.

[Resolute Conservative]

Concealed means concealed.

[SkyDancer]

IOW - Free fire zones.

[mad_as_he$$]

Situational awareness. Good for you. Does your wife also carry?

[crz]

I agree. Although I understand those who would like to carry concealed, I tend towards open. I want them to see whats coming their way.
Some like the bigger calibers, I carry a 22 mag. My thought is to place the shot accurately and get more off because of the lack of kick.

[crz]

Question for all of you with knowledge on the matter.

If I were to honor a places request to leave my firearm outside of the place, and if some criminal comes in and shoots me, are they liable for preventing me protecting myself? Since they make the declaration, they are required to provide protection are they not?

[Nacho Bidnith]

Remaining in this rest area for more “then” 24 hours.

Unbelievable.

[RC one]

She got her carry permit after that and she carries when it makes sense for her to carry. It was definitely situational awareness that saved the day that day. That was the primary lesson I walked away with. The .357 helped too as did 8 years of infantry training. If they had sensed fear, they would have pounced. They didn't sense fear though, they sensed danger.

The biggest lessons I earned that day were to A.) Situational awareness. Situational awareness. Situational awareness. B.) always bring a gun and have it on you C.) always bring as much gun as you can. That little 5 shot snubby might have been enough but I was sure wishing I had my full sized Glock.

I was lucky that I had those 8 seconds to reach into the truck, grab my gun, and develop a plan. You won't always have 8 seconds to prepare yourself.

[mad_as_he$$]

So true. In one shooting I was in if it wasn’t for practice and muscle memory I would be dead. Literally a second to decide to shoot, another to draw, flick off the safety and start pulling the trigger.

[RC one]

There are pros and cons to both methods of carry. I think the tactical situation should dictate the method of carry, not the legal situation but it is what it is. I typically carry a concealed Glock 29 or 20 these days. I really like 10mm automatic in a Glock. A hot 10mm is in solid .41 magnum territory and you get 11-15 rounds to fight with. Recoil is quite manageable. Accuracy is excellent. terminal performance is...well...they use 10mm for polar bear defense in Denmark.

[RC one]

"In one shooting"!!!! are you a cop in Chicago? You must share the story.

With regards to situational awareness and reacting to a rapidly developing violent situation, I like this video that shows an armed robbery going down. This guy had about 3-4 seconds to figure it out and act before the armed robberS got the drop on him. He failed.

[I want the USA back]

Everyone knows that violent criminals are going to obey the law.

[mad_as_he$$]

No big deal; local “crazy” guy killed two people and I and another guy happened upon the scene. We were just coming back from the bush and I had a 1911 on my hip. Crazy guy came around the corner and started to point a 12 ga at me. I drew and fired.

[crz]

I agree. Lots of ways to look at it.

The remarkable thing about it is the historical aspect. In the old west, the gunfights were fought with single action revolvers, some double after, and the hit rate was pretty good amongst those who were good at it.

I read that Bat Masterson was one of the best.

[RC one]

no big deal. LOL