Public interest in New Mexico’s legal handling of shootings has grown amid national debates on gun rights and safety. Understanding the legal process following a shooting, whether it involves self-defense or criminal charges, is important for residents and visitors. This article outlines the procedures from law enforcement investigation to potential court outcomes, to clarify this subject.
Gun Laws in the State
New Mexico permits the open carrying of an unloaded firearm without a permit. To carry a concealed handgun, individuals must obtain a license from the New Mexico Department of Public Safety.1NM Department of Public Safety. Concealed Carry Licenses Applicants must be United States citizens, reside in New Mexico or be members of the armed forces stationed there, and be at least twenty-one years old.2Justia Law. New Mexico Statutes Section 29-19-4 (2024) – Applicant Qualifications
The concealed handgun licensing process includes completing an approved firearms training course and passing a background check, as outlined in state law. Individuals such as fugitives, those convicted of or under indictment for a felony, or those adjudicated mentally incompetent, are prohibited from receiving a license. Carrying firearms, even with a license, is restricted in locations like schools, courthouses, and establishments serving alcohol for on-premises consumption.
State statutes supplement federal law regarding firearm types and transfers. Possessing a machine gun, for instance, is unlawful unless compliant with federal regulations. While private gun sales between individuals may not require the same point-of-sale background checks as those by licensed dealers, it is illegal to knowingly sell a firearm to someone prohibited from possessing one. New Mexico also makes it a misdemeanor if a child accesses a negligently stored firearm and causes harm.3Office of the Governor – Michelle Lujan Grisham. Governor Signs House Bill 9, the Bennie Hargrove Gun Safety Act
Investigation and Evidence Gathering
After a shooting in New Mexico, an investigation begins to reconstruct events. Law enforcement, often local police or the New Mexico State Police, conducts these investigations. For officer-involved shootings, the State Police frequently leads to ensure an independent review.
First responders secure the scene to preserve evidence and aid the injured. Investigators then examine the crime scene, documenting it and collecting physical evidence like firearms, casings, and biological samples. Forensic laboratories analyze this evidence.
Investigations include interviewing witnesses, victims, and potential suspects, along with conducting background checks and reviewing surveillance footage. Evidence gathering must comply with constitutional protections. A search warrant is usually required for private property, with exceptions for urgent situations, consent, or evidence in plain view.4New Mexico Courts. Rule 5-208 NMRA – Search Warrants New Mexico law may render improperly obtained evidence inadmissible.
In officer-involved shooting cases, the investigative findings are shared with the district attorney’s office, which decides if the use of force was justified or if criminal charges are warranted. The investigating agency acts as a fact-finder and does not determine the justification of an officer’s actions.
Potential Criminal Charges
After evidence review, the prosecuting attorney’s office decides if criminal charges are appropriate under New Mexico law. Charges depend on the shooting’s circumstances, intent, and outcome.
In fatal incidents, homicide charges may be considered. First-degree murder applies to willful, deliberate, and premeditated killings.5Justia Law. New Mexico Statutes Section 30-2-1 (2024) – Murder It can also be charged if a death occurs during certain dangerous felonies (felony murder) or results from an act greatly dangerous to others. If premeditation is not supported, second-degree murder might be charged, involving a killing where the perpetrator knew their actions created a strong probability of death or great bodily harm.
Lesser homicide charges include voluntary and involuntary manslaughter. Voluntary manslaughter involves a killing “upon a sudden quarrel or in the heat of passion.”6Justia Law. New Mexico Statutes Section 30-2-3 (2024) – Manslaughter Involuntary manslaughter covers unintentional killings during an unlawful act not amounting to a felony, or by a lawful act performed with gross negligence.
If a shooting does not result in death but involves harm or threats, charges like aggravated assault or battery may apply. Aggravated assault with a deadly weapon includes unlawfully assaulting or striking at another with such a weapon, or menacing someone with it. If injury occurs, aggravated battery could be charged, involving unlawful force with intent to injure, particularly if a deadly weapon is used or great bodily harm results.
New Mexico law also criminalizes specific firearm misuse. These include:
- Shooting at a dwelling or occupied building
- Shooting at or from a motor vehicle
- Possession of a firearm by a felon, if a prohibited person uses a gun
- Negligent use of a deadly weapon, if a person endangers another’s safety by handling a firearm negligently
Self-Defense Laws
When force, including deadly force, results in a shooting, New Mexico law allows for claims of self-defense, defense of others, or defense of property under specific conditions. State law, including statutes and jury instructions, outlines these conditions. For an act to be lawful self-defense, the individual must have reasonably believed they were in imminent danger of death or great bodily harm.
This belief’s reasonableness is assessed from the perspective of a prudent person in similar circumstances. The danger need not be actual, but its appearance must be sufficient to cause a reasonable person to fear immediate peril. New Mexico law incorporates a stand your ground principle, meaning there is no duty to retreat before using force if the person is lawfully present and not engaged in criminal activity.
Deadly force in self-defense is permissible only against an immediate threat of death or great bodily harm. Great bodily harm is defined as “an injury to the person which creates a high probability of death, or which causes serious disfigurement, or which results in permanent or protracted loss or impairment of the function of any member or organ of the body.”7Justia Law. New Mexico Statutes Section 30-1-12 (2024) – Definitions The force used must be proportionate to the threat.
The concept of self-defense extends to protecting others. An individual may use force to protect another if they reasonably believe the other person faces an immediate unlawful battery and force is necessary to prevent it. Deadly force in defense of another is justified only against a threat of imminent death or great bodily harm to that person.
Defense of property is more restrictive regarding deadly force. While reasonable force can protect property, deadly force is not allowed solely for property protection. It is justified only if there is also an imminent threat of death or great bodily harm to a person, such as during a home invasion. This aligns with the Castle Doctrine, which gives individuals greater latitude to use force, including deadly force, to protect themselves within their homes.
Court Proceedings
After the investigation, a shooting case may enter the court system, following New Mexico’s Rules of Criminal Procedure. The defendant’s initial court appearance is the arraignment. Here, they are formally presented with charges, informed of their constitutional rights, including the right to an attorney, and enter a plea. The court also sets or reviews conditions of release, such as bail.
Before a felony trial, the prosecution must establish probable cause—a reasonable basis to believe a crime occurred and the defendant committed it. This can be done through a preliminary hearing, where a judge reviews evidence, or via a grand jury, a panel of citizens hearing evidence. If probable cause is found, the case is “bound over” for trial or an indictment is issued. Grand jury proceedings are secret.
The pre-trial phase involves discovery, where prosecution and defense exchange evidence and witness lists. Attorneys may file motions, such as to suppress evidence or dismiss charges. Plea bargaining, negotiations for a guilty plea, often to lesser charges or for a recommended sentence, is common. If the court rejects a plea agreement with a specific sentence, the defendant can withdraw their plea.
If no plea agreement is reached, the case proceeds to trial. Defendants have a right to a public and speedy trial by an impartial jury for serious offenses. The trial includes jury selection, opening statements, presentation of evidence by both sides (with cross-examination), closing arguments, and jury instructions. The jury deliberates privately and must reach a unanimous verdict in criminal cases. A hung jury can lead to a mistrial.
If found guilty or pleading guilty, the case moves to sentencing. A presentence investigation report may inform the judge about the defendant’s background. At the sentencing hearing, both sides present arguments, and victims of certain crimes have a right to make a statement.8Justia Law. New Mexico Constitution Article II § 24 – Victim’s Rights The judge imposes a sentence according to state law, considering the crime’s seriousness, the defendant’s history, and other factors. The defendant can appeal the conviction or sentence.
Civil Liability
A shooting incident can also lead to civil liability, where the person responsible, or other parties, might be sued for monetary damages. This civil process is separate from criminal prosecution and uses a “preponderance of the evidence” standard—meaning it is more likely than not that the defendant is liable. An acquittal or lack of criminal charges does not prevent a civil suit.
Victims or their families may sue for compensation. Common grounds include intentional acts like battery or assault, or negligence if the shooting resulted from carelessness. To prove negligence, the plaintiff must show the defendant owed a duty of care, breached it, and this breach directly caused injuries and damages.
If a shooting results in death, the deceased’s personal representative can file a wrongful death lawsuit under New Mexico’s Wrongful Death Act.9Justia Law. New Mexico Statutes Section 41-2-1 (2024) – Death by Wrongful Act or Neglect; Liability in Damages This allows claims for a death “caused by the wrongful act, neglect or default of another.” Recoverable damages may include financial losses to beneficiaries, the value of the deceased’s life and services, loss of companionship, and the deceased’s suffering before death.
Damages in civil suits can cover medical expenses, pain and suffering, emotional distress, lost wages, permanent disability, and property damage. If the defendant’s conduct was willful, wanton, or reckless, punitive damages, aimed at punishment and deterrence, may be awarded. New Mexico courts require a showing of a culpable mental state for punitive damages, not just mere negligence.
Individuals considering civil action must be aware of the statute of limitations. For personal injury claims in New Mexico from a shooting, the lawsuit must be filed within three years from the date of injury.10Justia Law. New Mexico Statutes Section 37-1-8 (2024) – Actions for Injuries to Person or Reputation For wrongful death claims, the action must also be brought within three years from the date of death. Failure to file within these timeframes can permanently bar the claim.