Balisongs, often called “butterfly knives,” are legal to own and purchase in New Mexico as of 2026, provided they are not carried with the intent to conceal them from law‑enforcement or used in a threatening manner. The state’s statutes classify them as “ordinary knives” rather than prohibited weapons, but local ordinances and the federal Switchblade Act still impose restrictions on concealed carry and on transportation across state lines. In practice, a resident can keep a balisong at home or in a locked vehicle, yet must avoid brandishing it in public or entering areas that ban all knives.
Current Statutory Landscape
New Mexico statutes (NMSA 1978, § 30‑9‑8) list prohibited weapons such as switchblades, ballistic knives and certain concealed weapons. The definition of a “switchblade” hinges on a spring‑assisted opening mechanism triggered by a button or pressure pad. A balisong operates with a manual pivot and latch, which does not meet that definition, so it falls outside the ban. However, the state still criminalizes the concealed carrying of any “dangerous weapon” with intent to commit a crime (NMSA 1978, § 30‑9‑13).
Key Definitions
- Balisong – a folding pocketknife with two handles that rotate around the tang to expose or hide the blade.
- Concealed weapon – any weapon hidden on a person’s body or in a container such that it is not readily observable, when carried with criminal intent.
- Dangerous weapon – any instrument that can cause serious injury, including knives not specifically exempted by statute.
Recent Legislative Changes
In 2024 the New Mexico Legislature passed SB 237, clarifying that “manual opening knives” are not automatically deemed switchblades. The amendment was prompted by rising confusion among law‑enforcement agencies after several high‑profile arrests involving balisongs. The bill also required local municipalities to align any “knife bans” with state law, preventing overly broad restrictions. No further amendments have been enacted through 2026.
Practical Implications
- Possession – Legal if the knife is stored in a private residence, garage or locked vehicle.
- Open carry – Permitted in public places where knives are not prohibited, but visible display may attract police scrutiny.
- Concealed carry – Illegal if the intent is to hide the knife for unlawful use; a violation can trigger misdemeanor charges.
- Travel – Carrying a balisong across state lines into states that ban such knives can result in federal or out‑of‑state prosecution.
Frequently Asked Questions
Can I transport a balisong in my car without a permit?
Yes, as long as it is secured in a glove compartment, trunk or other closed container and not readily accessible to the driver while the vehicle is in motion.
Do local city ordinances in Albuquerque or Santa Fe restrict balisongs?
Both cities adopted the 2024 state amendment, so they cannot enforce a ban that contradicts state law. However, private businesses may set their own policies.
What is the penalty for illegally concealing a balisong?
A first‑offense violation of § 30‑9‑13 is typically a petty misdemeanor, punishable by up to 90 days in jail and a $500 fine. Repeated offenses can elevate the charge.
Are there age restrictions for buying a balisong in New Mexico?
State law does not set a minimum age for acquiring ordinary knives, but retailers often follow a 18‑year‑old policy to avoid liability.
How does federal law affect my balisong?
The federal Switchblade Act prohibits the interstate shipment of switchblades but does not cover manual opening knives. Importing a balisong for personal use is permitted, but commercial distribution across state lines may be regulated.