Legal Templates

New Mexico Firearm Bill of Sale

Create a New Mexico firearm bill of sale from our attorney-drafted document builder.

Updated March 22, 2023 | Legally reviewed by Susan Chai, Esq.

A New Mexico Firearm Bill of Sale records the sale of a firearm between private parties in New Mexico.

Read on to learn how to create one. 

Table of Contents

What Is a New Mexico Firearm Bill of Sale?

A New Mexico firearm bill of sale is a document that records a private firearm transaction between two parties.

Although it is not required by New Mexico law, parties should use it to record the transaction and reduce the risk of fraud.

What Are the Requirements for Selling a Firearm in New Mexico?

New Mexico has several requirements for selling firearms.

Private Parties Selling Firearms in New Mexico

Any person who can legally buy and own a firearm in New Mexico can also sell one privately. 

However, according to New Mexico Statutes § 30-7-7.1, you must run a National Instant Criminal Background Check System (NICS) background check on the buyer before selling a firearm to them.

Background checks are not required for sales between immediate family members or to law enforcement officers.

Does the Law in New Mexico Require a Firearm Bill of Sale?

New Mexico law does not explicitly require sellers to use firearm bills of sale.

However, New Mexico does require sellers to perform NICS background checks on buyers before selling guns to them, so it is a good idea to use a firearm bill of sale.

A thorough firearm bill of sale demonstrates that you’ve taken steps to conduct the sales transaction properly and legally.

Firearm Inheritance Laws in New Mexico

New Mexico does not require firearm registration therefore you do not have to register a gun you inherited from a relative.

Documents Needed to Complete a Firearm Bill of Sale in New Mexico

You should have the following to complete a bill of sale in New Mexico:

  • Valid identification. Both parties must have current and valid identification, such as a driver’s license, to identify themselves on the bill of sale form.
  • A NICS background check receipt. You must perform a NICS background check on the buyer before selling a firearm to them. Attach the receipt to the bill of sale. A licensed firearms dealer in the state can facilitate this check on your behalf, and provide you with the receipt.

Additional New Mexico Firearm Laws

You must also keep the following New Mexico firearm laws in mind when selling your firearm.

Who Cannot Purchase a Firearm in New Mexico?

According to New Mexico Statutes § 30-7-16, the following people cannot purchase or own a firearm:

  • Felons
  • People subject to an order of protection
  • People convicted of battery against a household member, criminal damage to a household member’s property, a first offense of stalking, or federal firearm offenses

Does New Mexico Have a Waiting Period for Firearm Sales?

New Mexico does not have a waiting period for firearm sales.

Can You Buy a Firearm in New Mexico Without Registering It?

Yes. New Mexico does not require firearm owners to register firearms.

Does a Firearm Bill of Sale Have to Be Notarized in New Mexico?

No, New Mexico does not require a firearm bill of sale to be notarized. However, notarization can protect you from fraud by confirming the buyer’s identity and proving the transaction took place.

Is a Record of Firearms Sent to Police in New Mexico?

No, you do not need to send a record of the firearm sale to the police in New Mexico.

Concealed and Open Carry Laws in New Mexico

New Mexico allows firearm owners to open carry loaded rifles and handguns without permits.

The state also allows permitless concealed carry of unloaded firearms. However, the state requires a Concealed Handgun License (CHL) to carry concealed loaded firearms on foot.

How to Apply to Conceal Carry a Firearm in New Mexico

According to New Mexico Statutes § 29-19-4, you can apply for a New Mexico CHL if you are at least 21 years old, a resident of New Mexico,  and are legally allowed to own a firearm in New Mexico.

Follow these steps to get started:

  1. Complete a NM Department of Public Safety-approved firearms training course that includes live-fire instruction.
  2. Submit fingerprints to the fingerprint processing service, Gemalto Cogent.
  3. Complete the two-page application and provide the required documents and fee.
  4. Mail the application and the supporting documents to: 

NM Department of Public Safety
SID/Concealed Carry Unit
6301 Indian School Road NE, Suite 310
Albuquerque, NM 87110

New Mexico Reciprocity

Per New Mexico Statutes § 29-19-12, New Mexico only recognizes concealed carry permits from other states if they meet or exceed the provisions in New Mexico’s Concealed Handgun Carry Act.

Currently, New Mexico recognizes permits from the following states:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Florida 
  • Idaho
  • Kansas
  • Michigan
  • Mississippi
  • Missouri
  • Nebraska
  • Nevada
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • West Virginia
  • Wyoming

The following states honor CHLs from New Mexico:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Florida
  • Idaho
  • Kansas
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

How to Write a Firearm Bill of Sale in New Mexico

Now that you have a clearer understanding of New Mexico’s firearm laws, here’s how to create a firearm bill of sale in New Mexico.

Step 1 – Conduct a Background Check

Per New Mexico Statutes § 30-7-7.1, private sellers must conduct a NICS background check on the buyer before selling a firearm to them.

Background checks are not required for sales between immediate family members or to law enforcement officers.

Step 2 – Arrange a Face-to-Face Meeting With the Buyer

Ask to meet the buyer in person to verify and make copies of their identification cards.

Step 3 – Ask for a Valid New Mexico Concealed Handgun License (CHL)

Ask the buyer if they have a valid New Mexico Concealed Handgun License (CHL).

CHL holders are more reliable because they have passed a firearm safety training course and a background check. 

Step 4 – Complete a Firearm Bill of Sale

Complete and sign the firearm bill of sale. Be sure to attach a copy of the buyer’s NICS background check receipt to demonstrate that you have done the required background check.

Summary

A New Mexico firearm bill of sale is the easiest way to record a firearm transaction and prove ownership of the firearm transferred to the buyer.

One of the simplest ways to create a New Mexico firearm bill of sale is to use LegalTemplates’ firearm bill of sale builder.

Just answer a series of questions about the sale, and you will receive a complete firearm bill of sale. If you want more control over the language in the bill of sale, you can download and edit our sample New Mexico firearm bill of sale form.

New Mexico Firearm Bill of Sale Sample

Below is an example of a New Mexico firearm bill of sale.

new mexico firearm