Buying a Gun in New Mexico
The age to buy a gun in New Mexico, background checks for dealer and private sales, any waiting period, and rules on ghost guns.
Short answer: New Mexico's weapons article sets no state minimum age to buy a firearm and no state age limit for possessing a rifle or shotgun. NMSA 1978, §§ 30-7-2.2, 30-7-2.3; NMSA 1978, Ch. 30, Art. 7 (reviewed)
| Age to buy a gun | New Mexico's weapons article sets no state minimum age to buy a firearm and no state age limit for possessing a rifle or shotgun. For handguns, 'Unlawful possession of a handgun by a person' (a 'person' being 'an individual who is less than nineteen years old') consists of knowingly having or transporting a handgun, except when the person is at a hunter's safety or handgun safety course or lawful shooting activity; target shooting at an authorized range or where discharge is not prohibited; in an organized competition; in a performance by a 501(c)(3) organization; legally hunting or trapping; traveling 'with an unloaded handgun' to or from those activities; or on real property controlled by a parent, grandparent or legal guardian while supervised by one of them. Violation is a misdemeanor, and the handgun is subject to seizure and forfeiture. Reviewed NMSA 1978, Chapter 30, Article 7 (Weapons and Explosives, §§ 30-7-1 to 30-7-22) on 2026-10-27; no provision setting a minimum age to buy a firearm, or a minimum age to possess a long gun, found. Separately, § 30-7-4.1 (2023) makes it a crime to store a firearm so that a 'minor' (under eighteen) can negligently access it. Federal age limits for licensed dealers are not stated in the state article. |
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| Background checks and private sales | Yes. Since July 1, 2019, selling a firearm 'without conducting a federal instant background check' is a misdemeanor. A seller without a federal firearms license 'shall arrange for a person who does hold that license to conduct the federal instant background check'; the licensee may charge 'a fee not to exceed thirty-five dollars ($35.00)'. Exempt: sales by or to a federal firearms licensee, to a law enforcement agency, between two certified law enforcement officers, and 'between immediate family members' (spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle). 'Sale' means passing ownership, possession or control 'for a fee or other consideration'. Checked against the compiled statute on nmonesource.com on 2026-10-27; all quoted terms matched, and the section's history lists no amendment after Laws 2019, ch. 45, § 1. Enrolled bill: https://nmlegis.gov/Sessions/19%20Regular/final/SB0008.PDF |
| Waiting period | Seven calendar days for all firearms (effective May 15, 2024, HB 129, NMSA 1978 § 30-7-7.3). 'A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer.' The period includes the federal background check; if the check takes longer, the seller must wait until it is completed, but if it is not completed within twenty days the seller may transfer the firearm. Exempt: buyers with a federal firearms license or a valid New Mexico concealed handgun license, law enforcement agencies, transfers between law enforcement officers, and transfers between immediate family members. Violation is a misdemeanor. Court status (DPS): 'On August 27, 2026, the United States District Court for the District of New Mexico issued a final order enjoining the enforcement of the waiting period against the two named plaintiffs only. The waiting period remains in effect for all other firearm purchasers until further notice.' Statute text checked against the compiled NMSA on nmonesource.com on 2026-10-27 (https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do); quoted terms and exemptions matched (exemption (2) is for a buyer with 'a valid New Mexico concealed handgun license'). |
| Ghost guns and homemade firearms | New Mexico has no state law that specifically regulates unserialized or homemade firearms or kits (no serial-number, registration or ban provision). The background-check law (§ 30-7-7.1) and the seven-day waiting-period law (§ 30-7-7.3) define 'firearm' to include 'the frame or receiver of any such weapon', so a sale of a frame or receiver is covered by those rules. Reviewed NMSA 1978, Chapter 30, Article 7 (Weapons and Explosives, §§ 30-7-1 to 30-7-22) on 2026-10-27; no provision found. A keyword search of all of Chapter 30 for 'serial', 'unfinished', 'privately made' and 'ghost' found no firearm provision. |
More New Mexico gun laws
- Concealed Carry in New Mexico
- Open Carry in New Mexico
- Red Flag Law and Weapon Limits in New Mexico
- All New Mexico gun laws rules
FAQ
How old do you have to be to buy a gun in New Mexico?
New Mexico's weapons article sets no state minimum age to buy a firearm and no state age limit for possessing a rifle or shotgun. For handguns, 'Unlawful possession of a handgun by a person' (a 'person' being 'an individual who is less than nineteen years old') consists of knowingly having or transporting a handgun, except when the person is at a hunter's safety or handgun safety course or lawful shooting activity; target shooting at an authorized range or where discharge is not prohibited; in an organized competition; in a performance by a 501(c)(3) organization; legally hunting or trapping; traveling 'with an unloaded handgun' to or from those activities; or on real property controlled by a parent, grandparent or legal guardian while supervised by one of them. Violation is a misdemeanor, and the handgun is subject to seizure and forfeiture.
Do private gun sales need a background check in New Mexico?
Yes. Since July 1, 2019, selling a firearm 'without conducting a federal instant background check' is a misdemeanor. A seller without a federal firearms license 'shall arrange for a person who does hold that license to conduct the federal instant background check'; the licensee may charge 'a fee not to exceed thirty-five dollars ($35.00)'. Exempt: sales by or to a federal firearms licensee, to a law enforcement agency, between two certified law enforcement officers, and 'between immediate family members' (spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle). 'Sale' means passing ownership, possession or control 'for a fee or other consideration'.
Is there a waiting period to buy a gun in New Mexico?
Seven calendar days for all firearms (effective May 15, 2024, HB 129, NMSA 1978 § 30-7-7.3). 'A waiting period of seven calendar days shall be required for the sale of a firearm and the transfer of the firearm to the buyer.' The period includes the federal background check; if the check takes longer, the seller must wait until it is completed, but if it is not completed within twenty days the seller may transfer the firearm. Exempt: buyers with a federal firearms license or a valid New Mexico concealed handgun license, law enforcement agencies, transfers between law enforcement officers, and transfers between immediate family members. Violation is a misdemeanor. Court status (DPS): 'On August 27, 2026, the United States District Court for the District of New Mexico issued a final order enjoining the enforcement of the waiting period against the two named plaintiffs only. The waiting period remains in effect for all other firearm purchasers until further notice.'
Are ghost guns legal in New Mexico?
New Mexico has no state law that specifically regulates unserialized or homemade firearms or kits (no serial-number, registration or ban provision). The background-check law (§ 30-7-7.1) and the seven-day waiting-period law (§ 30-7-7.3) define 'firearm' to include 'the frame or receiver of any such weapon', so a sale of a frame or receiver is covered by those rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.