N.M. residents must give up Texas concealed gun permits

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N.M. residents must give up Texas concealed gun permitsBy Christopher SchurtzSun-NewsLas Crucen Robert Green opened a letter from the Texas Department of Public Safety several weeks ago.The letter told him to give back his concealed gun license.Before the passage of a new law allowing New Mexico residents to carry loaded, concealed weapons, Green was one of 144 New Mexicans who had obtained such a license from Texas.Texas issues non-resident licenses to people who live in states that do not allow the legal carrying of loaded, concealed guns. But since New Mexico passed its own concealed weapon law this year, people with Texas licenses must now surrender their licenses or have them revoked.Green said he has spent the better part of 30 years in the military and as a security officer and has plenty of experience with guns. And though he said he supported the actions of Las Crucen Earl Gray -- who shot a man in self-defense earlier this month after the man tried to rob him in a store parking lot -- he said he is not particularly pro-gun and only has a concealed weapon license to insure his right to carry. "I've had my permit for three years and have never carried a weapon on my person. I haven't seen the need for it," Green said, though he added he usually carries a loaded gun in his vehicle."I just don't see any need to put it inside my coat or pocket," Green said.But Green and his brother, who lives in Jal on the eastern New Mexico border, still felt compelled to get their concealed weapons licenses in Texas. Green said he does not object to the New Mexico law, though it is apparent he believes the Texas law -- from the qualifications to the cost of getting a permit -- is preferable to the New Mexico law.He questioned the fairly rigid proficiency and marksmanship qualifications proposed by the New Mexico Department of Public Safety, as well as the higher cost of the licenses compared to Texas.State Rep. Judy Vanderstar Russell, R-Rio Rancho, who sponsored the law in the Legislature, also recently criticized the proposed skills requirements and the relatively high cost of getting a license.She said last week that both issues may make concealed weapons licenses out of reach for some.The New Mexico law requires at least 15 hours of instruction, compared to a one-day, 10- to 12-hour course applicants go through in Texas. Green said his cost for the class he took at Fort Bliss was $120, but the cost of 15 hours of instruction (to be spread out over two days) would likely cost significantly more.In addition, permits in Texas cost $120 for four years, while New Mexico will charge $100 for its permit and $50 to renew it every year. Legislators are debating whether to extend the time period of the permit.Texas also has reciprocity agreements with seven states -- Arkansas, Arizona, Oklahoma, Louisiana, Kentucky, Tennessee and Florida. Under the agreements, Texas honors those states' concealed permits and vice versa.There are no provisions in the New Mexico law at this time allowing for a reciprocity agreement with any state.The states negotiate terms of the agreements, and in the case of Texas, require license requirements that at least match federal guidelines on background checks and safety classes.Residents of the remaining five states in the country without concealed gun license laws -- Illinois, Kansas, Minnesota, Nebraska, Ohio, Wisconsin -- and Washington, D.C., may apply for concealed weapons permits through Texas.Even before the passage of the New Mexico law, residents could, and still can, carry loaded, concealed weapons in the home and their vehicles. Outside of these two locations, residents can legally carry an unloaded, concealed weapon and ammunition. The weapon can then conceivably be loaded, if needed.New Mexico state law also allows for the carrying of a loaded gun in a holster, or in plain view, and no permit is needed to do so.The concealed weapon law goes into effect in January of next year, and applications for licenses will be accepted by the Department of Public Safety beginning in November.Until the skills guidelines are adopted Sept. 13., the state will not be able to accept applications. Applicants must complete a state-sanctioned skills training course before their applications will be accepted by DPS.The new law allows the carrying of loaded, concealed guns in most areas of the state except bars, schools and most government buildings. Licenses can be issued to U.S. citizens at least 21-years-old with no felony convictions or record of violent crime or DWI within the past five years, among other qualifications.But under an amendment attached to the bill days before it passed, municipalities and counties have the ability to ban concealed weapons within their jurisdictions, contrary to the state constitution.It is this amendment that has been criticized on constitutional grounds, as the state constitution prohibits cities and counties from enacting such a ban.City residents will vote Nov. 6 in a non-binding referendum whether to ban concealed weapons. The city council is not bound under the referendum to vote in accordance with the majority of voters.