Pocket knives are a common tool for many New Mexicans, but the laws surrounding their possession and carry can be complex. Here’s a comprehensive guide to understanding your rights and responsibilities regarding pocket knives in New Mexico as of 2025.
Legal Ownership and Types of Knives
New Mexico law is relatively permissive when it comes to the ownership of knives. Most types of knives—including folding pocket knives, utility knives, and hunting knives—are legal to own and possess. The law does not specifically ban the possession of any particular type of knife based solely on its characteristics, with the exception of switchblades, which are strictly regulated.
Open Carry of Pocket Knives
- Open carry of pocket knives is legal throughout New Mexico. There are no statewide restrictions on blade length for openly carried knives, including pocket knives.
- You may openly carry almost any type of knife, provided it is not a prohibited category (such as a switchblade).
- State law preempts local ordinances, meaning cities and counties cannot enact knife laws that are more restrictive than state law.
Concealed Carry of Pocket Knives
- Concealed carry is more restricted. New Mexico law prohibits the concealed carry of certain “deadly weapons,” which include daggers, switchblades, bowie knives, poniards, butcher knives, dirk knives, and similar sharp-pointed instruments.
- Pocket knives are generally not classified as deadly weapons under New Mexico law, based on court precedent (State v. Nick). This means you may carry a folding pocket knife concealed, as long as it is not used or intended as a weapon.
- However, intent and context matter. If a pocket knife is used or intended to be used as a weapon, it could be considered a deadly weapon and subject to concealed carry restrictions.
Switchblades and Automatic Knives
- Switchblades are illegal to possess, manufacture, sell, or give away in New Mexico. This includes any knife that opens automatically by pressure on a button, spring, or by gravity or centrifugal force.
- Possession of a switchblade is a petty misdemeanor.
Age Restrictions
- Minors (under 18) are not allowed to own or possess pocket knives in New Mexico. Only individuals 18 and older may legally possess and carry knives.
- The minimum age to carry or conceal a knife is 21 years old.
Restricted Locations
Even though pocket knives are legal to own and carry, there are places where carrying any knife is prohibited:
- Schools: It is a felony to carry any deadly weapon, including certain knives, on school premises12.
- Other restricted locations: Some government buildings and certain public events may also prohibit knives5.
Negligent Use and Penalties
- Negligent use of a deadly weapon, including a knife, is a crime if it endangers others1.
- Violations of concealed carry or switchblade laws are petty misdemeanors, punishable by up to 6 months in jail and/or a fine up to $500.
- Carrying a deadly weapon on school premises is a fourth-degree felony, punishable by up to 18 months in prison and up to a $5,000 fine.
Pocket Knife Laws in New Mexico
| Aspect | Legal Status |
|---|---|
| Open carry (pocket knife) | Legal statewide |
| Concealed carry | Legal if not used as a weapon |
| Switchblades | Illegal to possess, carry, or sell |
| Age restrictions | 18+ to own, 21+ to conceal |
| Schools/restricted areas | Illegal to carry knives |
| State preemption | Yes—localities cannot override state law |
Key Takeaways
- Open carry of pocket knives is legal and largely unrestricted.
- Concealed carry of pocket knives is legal unless the knife is used as a weapon.
- Switchblades are strictly prohibited.
- Minors cannot legally possess pocket knives.
- Always avoid carrying knives in schools and other restricted locations.
Understanding these laws helps ensure you remain on the right side of the law while carrying a pocket knife in New Mexico.
SOURCES:-
[1] https://www.akti.org/state-knife-laws/new-mexico/
[2] https://knifeade.com/new-mexico-knife-law/
[3] https://law.justia.com/codes/new-mexico/chapter-30/article-7/section-30-7-2/
[4] https://www.reddit.com/r/knives/comments/10w51s5/knife_laws_in_texasnew_mexico/
[5] https://nobliecustomknives.com/us-knife-laws/new-mexico-knife-laws/
