CC signage

[Orange90]

So I live in New Mexico where the law states (as i'm sure most laws regarding carry concealed states) that you must have a sign posted in plain sight at your establishment, regarding the prohibition of carrying a firearm in said establishment. To carry when there is a sign stating that you can't is something like a 4th degree felony (not sure...) but you get the gist.

So I have been eating at a certain restaurant that has had the correct signage posted for quite some time and to which i am also close with the owner. Being the person that I am, I often asked him when he was going to remove the sign so that I could legally carry in his restaurant, to which he would always reply with a "don't ask, don't tell" reply. This naturally made me uneasy so I never did. Anyways later this month i go in and his normal sign stating that I cannot carry a firearm open nor concealed as per the owner has a new addition on the bottom in sharpie that reads "except when licensed". I asked him about it and he said that I could now carry concealed with ease.

So the rub... to carry or not to carry, that is the question. I wonder if I can legally carry in there now. Any advise is welcome. Thanks and forgive me for the long intro/post!

 

[wxl]

With your limited info, I would say 'Yes' as owner stated in writing OK.

 

[mgkdrgn]

Which begs the question, if you can carry there if you have a carry permit, then why have a sign at all?

The people carrying illegally aren't going to give a rats posterior.

Might as well have a sign up that says "No robberies allowed".

 

[GJSchulze]

I suggest you ask the local LEO or consult your lawyer. You can't guarantee it will be the owner who will see your gun and call the police.

 

[NavyLCDR]

Which begs the question, if you can carry there if you have a carry permit, then why have a sign at all?

The people carrying illegally aren't going to give a rats posterior.

Might as well have a sign up that says "No robberies allowed".

Open carry in New Mexico is legal without a license. In addition there are persons who can conceal and be exempt from specific licensing. So the owner is catering to the specific elite group of people who pays the government to obtain their permission slip. In my humble opinion, that's even lower than treating everyone equally and saying no one can carry.

To the OP's question... it all depends on how much you trust him. He made it pretty clear that you (and other license holders) are exempt. A lawyer would have to tell you what the exact validity of the hand written exemption in a court would be.

 

[Orange90]

To the OP's question... it all depends on how much you trust him. He made it pretty clear that you (and other license holders) are exempt. A lawyer would have to tell you what the exact validity of the hand written exemption in a court would be.

I agree, I will consult my LEO buddy and if still unresolved I will contact my lawyer.

Thanks for the replies folks, will keep you posted. It may not help you immediately but it may be a useful in the future.

 

[Orange90]

Which begs the question, if you can carry there if you have a carry permit, then why have a sign at all?

The people carrying illegally aren't going to give a rats posterior.

Might as well have a sign up that says "No robberies allowed".

I understand you and agree with you fully however this establishment also serves beer and wine (which in NM it is not considered a spirit nor is it a bar nor are half his sells contributed to aforementioned alcohol) so it is sometimes mandatory to have signage. Since it is still technically legal to carry while under the previously stated conditions and the fact that there is a sign there is to "deter" customers from carrying hence my occasional discussions with him. Under current law though it leaves a significant grey area regarding legality of concealed carry. It is both legal to carry when licensed in a non-bar restaurant that doesn't sell spirits but is illegal to do so when there is signage prohibiting it. Obviously they don't want you to drink and then pick a fight but COME ON! The law makes gun owners out to be dumb in our state. At least its open carry...

 

[NavyLCDR]

I agree, I will consult my LEO buddy and if still unresolved I will contact my lawyer.

It is generally a bad idea to ask LEO for legal advice. They will tend to tell you what they personally would or would not arrest or issue a citation for. A lawyer will tell you what your chances of being convicted are based on the law.