Tuesday, April 23, 2024
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What you should know about the laws in New Mexico before getting a self defense gun

There are a lot of people who have guns for self-defense since these firearms are invented. Guns are the most effective devices for safety. But, one has to make sure that he understands how to use the guns so that his safety will be guaranteed. 

Guns for self-defense purposes are important issues among people. Because of their fear, there are a lot of us who bring these firearms everywhere. But, one should learn about the laws of using guns so that they will not break any rules. 

In this post, you will learn everything you need to know about guns for self-defense so that your safety will be guaranteed.  

Read: How to Buy a Gun Online

New Mexico Self-Defense Laws

New Mexico applies the Castle Doctrine case-by-case. Even if your case meets the above requirements, the jury will decide whether or not to exonerate. You should not use deadly force unless you absolutely have to.

You are allowed to use force in New Mexico to protect your property. New Mexico UJI 114-5180 refers to the defense and protection of property. It states that any person can use force to protect his or her property if he considers it reasonable and necessary. You cannot use force that is too strong to cause the greatest risk of bodily injury. Also, you can’t attempt to kill anyone to protect your property.

What is an AFFIRMATIVE Defense?

Self-defense, outside of your home, is considered an “affirmative defense” in New Mexico law. It is not the burden of the prosecution to prove that you were not entitled to use affirmative defense. The burden of proof rests on you to show that you were able to act in self-defense. The prosecution will win the affirmative defense question if there is no evidence. If the altercation took place in your home, it is the opposite.

However, the standard you must use to prove self-defense is different from what a prosecutor must follow in order for you to be successfully prosecuted. The prosecutor must prove your guilt beyond a reasonable doubt in order to prosecute you. To get away with it based on an affirmative defense you must show at least 51% that your actions were justified.

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Is it SELF-Defense if I SHOOT an INTRUDER

Do not pay attention to the information you think you have learned about self-defense law from watching police dramas. The US generally uses one of three self-defense approaches: the duty to retreat or the Castle Doctrine. It’s best to go through all three so you know what to do in an emergency situation.

IN A “DUTY to RETREAT STATE”

To be able to defend yourself in a “duty-to-retreat” state, you need to meet these requirements:

  1. You should not be the aggressor during the encounter.
  2. Only use the force necessary to stop the threat. You can use force if the perpetrator is carrying a gun. However, if they only have a tree branch as a weapon, you may want to leave your gun behind.
  3. You must believe force is necessary and your belief must be based on fact. You don’t have the right to believe as long as you are reasonable.
  4. An attack must be reasonably believed to be imminent. It is not sufficient to justify the use of force if there is a threat of future harm.
  5. If you are able to do so safely, you must withdraw before resorting to force. If retreating would endanger someone (e.g. a family member), you can refuse to withdraw.

New Mexico does not have a general duty to retreat. However, there are certain situations where you may be required to retreat (especially if it is not your home).

IN A “CASTLE DOCTRINE STATE”

The Castle Doctrine is based upon the old English saying “A man’s castle is his home.” These are the circumstances that must be met in order for the Castle Doctrine (Castle Doctrine) to justify the killing of an intruder.

  1. You were forced to give your consent for someone to enter your home illegally.
  2. You believed that you were about to witness a violent crime (not necessarily murder).
  3. You believed you had to kill the intruder in order to prevent the crime;
  4. Hypothetically, a “reasonable person” would act in the same manner as you under similar circumstances.

There are two main differences between self-defense in a “duty-to-retreat” state and a Castle Doctrine State:

  • Returning is not an option.
  • It is assumed that deadly force is necessary. If you have not been proven otherwise, then you can use deadly force.

Who’s a Candidate for Good Gun Ownership?

A gun is the last resort tool. It is not to be used to solve small arguments, and so on. It is only to protect innocent life which is in imminent and immediate danger. This article is rather long and only begins to touch upon the amount of information you need to know when carrying or using personal protection and home defense firearm. 

One thing you need to ask yourself is “why do I want a gun?” If you’re a man or woman who lives alone or often travels with a partner or spouse, you might want a handgun at your nightstand to protect you in the event of an intruder, you might think of a small handgun that you can hide in your waistband (with the proper permission).

Read: Is the Springfield XD 9mm a good gun?

Understanding why, you want a gun will help you pick out what you want, whether it’s a handgun or shotgun and whether you want a semi-automatic. You’re potentially a successful candidate for gun ownership because you believe a gun would enhance your safety, and you’re prepared to take responsibility.

NOTE: Firearms dealers cannot deliver off-roster firearms unless the firearm was part of a Private Party Transfer or an Interfamilial Transfer.

Think About Others When Considering a Firearm

You need to know who will be swayed by it when thinking about purchasing a weapon. Someone you are staying with should be educated to understand the value of a loaded firearm and simple gun safety laws, even if they may not use your guns.

Having young children in your house who aren’t old enough to get gun safety training may not be a good location for a gun. Additionally, carrying a firearm can be a dangerous issue for someone in your building, or there are suicidal thoughts about someone entering your home. 

Suicide is the leading cause of gun death in America, and it’s important to keep guns away from anyone who might feel suicidal once you have a responsibility to the lives of those who have been hurt by the weapons.

Be Willing to Maintain Your Training

Education is another gun ownership dimension, as well. Ask yourself how much preparation you’re able to take, retain, and own a weapon. Basic training courses for Firearms and self-defense are easily accessible and not necessarily expensive. You ought to be able to go through them and be an expert in conscientious weapons ownership.

For various cases, you’ll always need room and space to do shooting drills so you can feel confident with your weapon. Like any self-defense tool or system, trust is the key when it comes to making good use of it. Trust comes by keeping your training and your firearm, equipment, and shooting techniques comfortable.

What Are the Requirements for Buying Firearm?

  • You have to be 21 years old.
  • You have to be a United States resident or a legal immigrant with a Green Card.

You cannot be a suspect for murder, convicted of a felony or illegal offense a fugitive from justice, an unauthorized user or addicted to controlled substances, adjudicated as mentally unfit or committed to a mental institution, dishonorably discharged from the Armed Forces, subject to a restraining order, anyone who has renounced his citizenship in the United States or anyone who has withdrawn.

Research Gun Laws in Your Home State and Others

Part of your training should include researching the laws concerning registration, ownership, and how to carry your firearm in your state. 

I recommend you get a concealed carry permit to carry a pistol under your bag or clothing holster. Like most self-defense weapons, the guns become more effective when an intruder doesn’t know you have it.

Many states honor other states’ concealed carriage permits, but it is still important to understand other aspects of the gun laws that may vary from state to state, such as where you can’t take a gun (such as liquor stores or schools). You should also be aware of any gun storage requirements, or what kinds of guns are lawful in different jurisdictions.

Other Self-Defense Tool options

Suppose you have too much of a responsibility to own a gun, first of all: good for admitting that. Maybe safer than sorry. But second, there are several other devices you can use on your defense. Some even come in fun colors and settings that are only intended for women.

Read: Is the SIG Sauer Mosquito a Good Gun?

I recommend that the devices be mounted in the same way as home security does. You can initiate this with something as small as a pen, and move to more advanced weapons. For the type of damage, they can inflict on an attacker, I recommend the following:

  • Chamberlain Outdoor Wireless Alarm
  • Equalizer Keychain
  • Tactical Knife
  • Pepper spray
  • Tactical Pen
  • SABRE Tactical Stun Gun
  • Machete.

You have to be a weapons majority in your custody; you have to be able to take responsibility for what someone else can do with it. Again, none of these are fatal, but you can either deliberately or by mistake kill somebody. You’ll always be able to use these tools to learn and carry on the training.

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