"For the last time CARRYING A CONCEALED WEAPON IS ILLEGAL IN NEW MEXICO!"
Except if one has a CC permit (I really don't care how it is worded, if he had a CC permit there would be no crime and the LEO did not know that he did not have a CC when he seized the firearm).
As for brandishing, it is usually more than just showing an interested person your firearm. If that was the case I've committed brandishing thousands of times. While laws may very from State to State and I could not find NM's definition of brandishing, I did find this:
"{Very generally, however, for an operating definition “brandishing” means to display, show, wave, or exhibit the firearm in a manner which another person might find threatening. You can see how widely and differently this can be subjectively interpreted by different “reasonable” individuals and entities}".
Usually brandishing implies or requires it to be displayed in some level of a threatening manner.
Do you understand that under NM LAW having a concealed weapons permit is merely an affirmative defense to the crime, the same as carrying in one's owned property or vehicle, thus the mere observation of the concealed gun was REASONABLE SUSPICION OF A CRIME. upon asserts in ingredients that the defendant did not have a permit, nor was it his property, it became PROBABLE CAUSE for an arrest...is it sinking in yet?
