2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 7 - Weapons and Explosives
Section 30-7-1 - "Carrying a deadly weapon".

"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.

History: 1953 Comp., § 40A-7-1, enacted by Laws 1963, ch. 303, § 7-1.

Cross references. — For definition of deadly weapon, see 30-1-12 NMSA 1978.

For possession of deadly weapon or explosive by prisoner, see 30-22-16 NMSA 1978.

Scope and factual determinations to be made by jury. — "Carrying" does not a have a broader meaning in connection with the crime of carrying a weapon on school grounds than the general definition set forth in this section, and whether the defendant was carrying a weapon was a factual matter to be determined by the jury. State v. Salazar, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.

Loaded revolver was a deadly weapon. Territory v. Watson, 1904-NMSC-030, 12 N.M. 419, 78 P. 504.

Deadliness a jury question. — Where instrument used in assault was not per se a deadly weapon under Laws 1887, ch. 30, whether it was so was ordinarily a question for jury to determine, considering its character and manner of use. State v. Conwell, 1932-NMSC-042, 36 N.M. 253, 13 P.2d 554.

Readily accessible. — Evidence that a loaded gun was located in the trunk of the defendant's car where he could easily get at it was sufficient to show that it was readily accessible, and the evidence was thus sufficient to establish that the weapon was carried onto school premises in violation of 30-7-2.1 NMSA 1978. State v. Salazar, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.

Character of weapon used went only to aggravation of offense. Territory v. Armijo, 1894-NMSC-011, 7 N.M. 571, 37 P. 1117; Chacon v. Territory, 1893-NMSC-024, 7 N.M. 241, 34 P. 448 ( decided under prior law).

Omission in indictment to describe kind of knife was fatal, as it was necessary to charge that the knife was one "with which dangerous cuts could be given, or with which dangerous thrusts can be inflicted." Territory v. Armijo, 1894-NMSC-011, 7 N.M. 571, 37 P. 1117 ( decided under prior law).

Instructions. — It is not error for the court in instructing the jury to define a deadly weapon in the terms of the statute. State v. Dickens, 1917-NMSC-041, 23 N.M. 26, 165 P. 850.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Weapons and Firearms §§ 7 to 19.

Firearm used as a bludgeon as a deadly weapon, 8 A.L.R. 1319.

Gun control laws, validity and construction of, 28 A.L.R.3d 845.

What constitutes "dangerous weapon" under statutes prohibiting the carrying of dangerous weapons in motor vehicle, 2 A.L.R.4th 1342.

Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.

Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.

Validity of state gun control legislation under state constitutional provisions securing the right to bear arms, 86 A.L.R.4th 931.

94 C.J.S. Weapons §§ 3 to 23.