2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 3 - Licenses and Permits
Section 17-3-4 - Residence.

As used in Chapter 17 NMSA 1978:

A. a "resident" entitled to purchase resident hunting and fishing licenses is any person:

(1) who is a United States citizen and who, for a period of not less than ninety days immediately preceding the date of application for the license, has been domiciled in New Mexico and has not claimed residency elsewhere for any purpose;

(2) who is not a citizen of the United States but who is legally within the United States and has actually lived in this state for ninety days immediately preceding his license application;

(3) not otherwise entitled to claim residence, who is a student attending any educational institution in this state, has so attended and actually lived in this state for at least one full term immediately preceding his license application and presents with his application a certificate of such attendance from proper authorities of the educational institution;

(4) not otherwise entitled to claim residence, who is a member of the armed forces of the United States and permanently assigned to a military installation located within this state and presents with his license application a certificate of such assignment from his commanding officer or designated representative, or the spouse or dependent of such person, not otherwise entitled to claim residence, living within the same household and similarly certified by the person's commanding officer; or

(5) not otherwise entitled to claim residence, who is a member of the armed forces of the United States and officially stationed at a military reservation located partially in this state and partially in an adjacent state but only for a special license valid only for hunting and fishing in this state on those reservations; and

B. a "nonresident" who must purchase nonresident hunting and fishing licenses is any person not a resident, including any temporary resident who maintains his home outside of the state.

History: 1953 Comp., § 53-3-1.3, enacted by Laws 1964 (1st S.S.), ch. 17, § 4; 1967, ch. 22, § 1; 1971, ch. 17, § 1; 1971, ch. 170, § 1; 1979, ch. 340, § 6.

A state may enact game laws which discriminate against nonresidents in the enjoyment of the privileges of hunting and fishing. 1964 Op. Att'y Gen. No. 64-91.

A "resident" is one making his home in the state, voting or meaning to vote here, for at least six months (now 90 days). 1923-24 Op. Att'y Gen. No. 69.

No resident license without residence for required period. — A person who is a bona fide resident of this state may not procure a resident hunting license prior to his having resided in this state for a period of six months (now 90 days). 1957-58 Op. Att'y Gen. No. 57-228.

Owning property is not sufficient. — A nonresident property-owner of the state is not entitled to a resident fishing or hunting license. 1919-20 Op. Att'y Gen. No. 15.

Army service alone is not sufficient to enable person to acquire bona fide resident in state for purpose of obtaining residence hunting or fishing license. 1931-32 Op. Att'y Gen. No. 108.

Soldier without prior state residence is not entitled to resident license. — Soldiers stationed outside of New Mexico and with no prior residence therein are not entitled to resident hunting or fishing license. 1935-36 Op. Att'y Gen. No. 88; 1931-32 Op. Att'y Gen. No. 108; 1925-26 Op. Att'y Gen. No. 27.

Being stationed out of state does not end in-state residence. — A soldier with prior bona fide New Mexico residence and stationed outside of the state may be deemed a resident for purpose of obtaining a hunting or fishing license. 1931-32 Op. Att'y Gen. No. 108.

Military dependent may become resident. — A dependent of a permanently assigned military person is qualified to purchase a resident hunting or fishing license after residing in New Mexico six months (now 90 days) prior to applying for same. 1957-58 Op. Att'y Gen. No. 58-116.

Los Alamos residents for six months (now 90 days) or more are not by reason of such residence entitled to resident licenses unless they had previously established a bona fide residence elsewhere in the state and have not abandoned such other place as their legal New Mexico residence. 1947-48 Op. Att'y Gen. No. 5175.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game §§ 35, 45.

36A C.J.S. Fish § 36; 38 C.J.S. Game §§ 52, 53.