Ever wondered if you could get arrested for singing half the national anthem at a baseball game? In New Mexico, technically you could. The Land of Enchantment has some genuinely bizarre laws that remain enforceable today, from requiring DNA tests for wild horses to prohibiting "indecent waitering" in bars.
The most mind-blowing laws (yes, these are real)
DNA testing for wild horses
I had to read this one three times to believe it. Under Section 77-18-5, any wild horse captured on public land in New Mexico must undergo genetic testing. Not just any testing either… the horse needs to prove it has at least 80% Spanish colonial heritage to receive special protection.
The law specifically defines a Spanish colonial horse as "a wild horse that is descended from horses of the Spanish colonial period." When they tested the famous Placitas horses, they discovered over 90% probability of Spanish colonial descent. These lucky horses get relocated to special preserves dedicated to protecting their historical bloodlines.
This remarkably specific requirement has even sparked legal disputes, including a 2016 case where enforcement methods were challenged. The state essentially requires more stringent ancestry tests for horses than most people get from 23andMe.
You can't stop singing the anthem halfway through
Here's one that could technically land you in trouble at your next sporting event. New Mexico law makes it illegal to perform only part of "The Star-Spangled Banner" or the state anthem "Oh Fair New Mexico" in public. According to the statute, you must perform these songs as an "entire or separate composition."
This means if you start humming the national anthem at a baseball game but forget the words halfway through, you've technically committed a petty misdemeanor. The 1963 law emerged during the Cold War when respect for national symbols was considered paramount.
Before you panic about your shower singing, there's good news: nobody has actually been prosecuted for botching the lyrics at a sporting event. Still, it's probably best to know all the words or keep quiet.
Internet hunting from your couch? Not in New Mexico
In 2006, New Mexico legislators confronted a uniquely modern threat to traditional hunting ethics. The state banned "computer-assisted remote hunting", making it illegal to use computers or electronic devices to remotely control weapons for hunting.
The law specifically prohibits:
- Creating websites for remote hunting
- Developing software for this purpose
- Confining animals for remote hunting
- Operating remote-controlled hunting equipment
New Mexico joined 41 other states in banning this practice before it could really take off. Thank goodness we prevented a dystopian future where hunters could bag elk from their office cubicles.
Animal laws that make you say "what?"
Horse tripping is a felony
If you've ever thought about tripping a horse for fun (and I sincerely hope you haven't), think again. New Mexico makes it a fourth-degree felony to intentionally trip horses, ponies, mules, donkeys, or even "hinnies"… yes, the law specifically mentions hinnies, which are rare horse-donkey hybrids.
This 1995 law targeted Mexican-style rodeo events called charreadas, where contestants would rope horses' legs to make them fall. Animal welfare organizations successfully lobbied to ban the practice, which often resulted in serious injuries to the animals.
The state rodent inspector has serious power
Dating back to 1919, New Mexico maintains the official position of "state rodent inspector" with remarkable powers. This isn't some ceremonial title either. The inspector can:
- Enter private property to destroy prairie dogs
- Issue written notices to landowners
- Bill property owners up to 10 cents per acre
- Have you arrested for interference
Interfering with the rodent inspector in their duties is a misdemeanor punishable by fines of $100 to $500, which was significant money when the law was enacted. The statute even includes a compassionate exemption for homesteads under 160 acres if owners can't afford prairie dog control.
Coyote-killing contests are now banned
In 2019, New Mexico became only the third state to ban coyote-killing contests. These events, where competitors vied to kill the most coyotes for cash prizes, are now illegal to organize or participate in.
Attorney General Hector Balderas even issued warnings about contests advertised on social media. Organizing such an event is now a misdemeanor, while participating is a petty misdemeanor.
Cockfighting was legal until 2007
Here's a jaw-dropper: New Mexico was one of the last states in America where cockfighting remained legal. The original animal cruelty statute from 1953 specifically stated it "shall not be interpreted to prohibit cockfighting in New Mexico."
When lawmakers finally banned the practice by adding "or cocks" to the existing dogfighting prohibition, the New Mexico Gamefowl Association challenged it in court. They lost, and cockfighting joined dogfighting on the banned list.
Business and public behavior oddities
The state's business regulations include some real gems that make you wonder what exactly prompted these laws.
The "indecent waitering" law
New Mexico has a wonderfully specific law about server attire in establishments serving alcohol. Section 30-9-14.2 makes "indecent waitering" illegal, prohibiting servers from exposing "intimate parts" while serving food or beverages.
The 1979 law (refined in 1981) goes into remarkable anatomical detail about what constitutes "intimate parts" and clarifies that "exposing" doesn't include acts where parts are covered by "nontransparent material." Someone clearly put a lot of thought into this one.
Sunday business restrictions
While many Sunday alcohol restrictions were finally removed in 2021, New Mexico held onto its "blue laws" longer than most states. These restrictions date back to the territorial period when Sunday was strictly observed as a day of rest.
Don't spit in public
This Victorian-era public health measure makes it a petty misdemeanor to spit in:
- Public buildings
- Stores and churches
- Schools
- Public carriers
- Sidewalks or roadways
The law reflected concerns about disease transmission, particularly tuberculosis. Today it's rarely enforced except in cases involving aggressive behavior… so you can probably clear your throat without fear of arrest.
Why these bizarre laws exist
The Kearny Code legacy
The story of New Mexico's odd laws begins with the Kearny Code of 1846, established when Brigadier General Stephen W. Kearny conquered the territory for the United States. This foundational legal framework blended Mexican civil law with American common law, creating a unique hybrid system.
New Mexico's remarkably long territorial period… 62 years from 1850 to 1912… allowed plenty of time for peculiar regulations to accumulate. Many of these laws were simply never repealed after statehood arrived.
Dueling is still technically illegal
In case you were planning to challenge someone to pistols at dawn, think again. New Mexico explicitly prohibits dueling, making it a fourth-degree felony to challenge someone to a duel, accept such a challenge, fight a duel, or even act as a "second" (assistant).
A 1990 case actually involved a dueling prosecution, though the court noted that dueling "has been dead and buried for many years." The law dates to the territorial period but was codified in its current form in 1963.
Electoral ties solved by ancient methods
When elections result in ties, New Mexico law requires an ancient solution: drawing lots. The tied candidates, county party chairs, and a district judge form a committee to decide the method. This reflects democratic traditions of sortition dating back to ancient Athens.
Modern updates and constitutional quirks
Even as society evolves, some laws take their sweet time catching up.
The "idiots" voting ban (finally removed)
Until 2018, New Mexico's constitution contained language from 1911 banning "idiots" and "insane persons" from voting. The state Supreme Court unanimously struck down this provision in League of Women Voters v. New Mexico Compilation Commission.
Disability rights advocates called the terminology "offensive, stigmatizing and archaic." It only took 107 years to fix this one.
Why don't these laws get repealed?
Legal experts explain that unusual laws remain on the books due to legislative inertia. As one law firm noted, these laws are "most likely just forgotten about" rather than actively enforced.
The reasons include:
- Takes time and political capital
- No dedicated law revision commission
- Prosecutors use discretion
- Lawmakers focus on contemporary issues
- Nobody complains about unenforced laws
The New Mexico Compilation Commission has struggled with administrative confusion over which amendments require supermajority approval. When modernization happens, it's usually piecemeal rather than comprehensive.
Local ordinances worth mentioning
Cities and counties add their own flavor to New Mexico's legal landscape.
Carlsbad's youth protection laws
In Carlsbad, it's illegal to sell glue, spray paint, or permanent markers to anyone under 18 without parental consent. The same city prohibits minors from loitering in pool halls… a holdover from early 20th-century concerns about corrupting youth influences.
Transportation and livestock laws
New Mexico's vast distances and rugged terrain have spawned specific transportation laws. Vehicles exceeding 170,000 pounds need engineering studies, with graduated penalties for violations.
Allowing livestock to "run at large on fenced public highways" remains illegal, as confirmed in the 1989 case Roderick v. Lake. The state also maintains complex regulations for off-highway vehicles, with different rules for ATVs, recreational vehicles, and snowmobiles.
Debunking the urban legends
Before you believe everything you read online, know that many supposed New Mexico laws are pure fiction. Despite what internet lists claim:
- No law prohibits dancing in sombreros
- Women can pump their own gas
- You won't be arrested for mispronouncing "Albuquerque"
- Carrying wire cutters isn't illegal
Many of these supposed laws lack proper statutory citations. The real laws… like requiring genetic testing for wild horses or banning remote-control internet hunting… are often stranger than the made-up ones.
What this all means
New Mexico's weird laws serve as fascinating time capsules, preserving the concerns, prejudices, and peculiar problems of bygone eras. From Spanish colonial influence requiring DNA tests for horses to Cold War anxiety about partial anthem performances, these statutes tell the story of a state with a uniquely complex history.
Most importantly, these laws remind us that legal systems are living documents reflecting their times. Today's sensible regulation might be tomorrow's bizarre anachronism. As New Mexico continues evolving, some of these laws will eventually be repealed or modernized.
Until then, they remain on the books as quirky reminders of the state's journey from Mexican territory to American state, carrying forward a legal tradition as unique as its enchanted landscapes. Just remember… if you're visiting New Mexico, finish singing the entire national anthem, don't trip any horses, and definitely don't try to hunt elk from your laptop.
