Section 40-17-5 – Petition for extreme risk firearm protection order; contents.
A. A petition for an extreme risk firearm protection order shall be filed only by a law enforcement officer employed by a law enforcement agency; provided that, if the respondent is a law enforcement officer, the petition shall be filed by the district attorney or the attorney general. B. A petitioner may file a petition […]
Section 40-17-6 – Petition for temporary extreme risk firearm protection order; temporary orders; proceedings.
A. Upon the filing of a petition pursuant to the Extreme Risk Firearm Protection Order Act, the court may enter a temporary extreme risk firearm protection order if the court finds from specific facts shown by the petition that there is probable cause to believe that the respondent poses a significant danger of causing imminent […]
Section 40-17-7 – Hearings on petition; grounds for issuance; contents of order.
In determining whether grounds for any extreme risk firearm protection order exist, the court shall consider, at a minimum, the following: A. any recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat involved a firearm; B. a pattern of acts or threats of violence […]
Section 40-17-8 – One-year extreme risk firearm protection order; grounds for issuance; contents of order; termination; expiration; renewal of orders.
A. If, after hearing the matter, the court finds by a preponderance of the evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent’s custody or control or by purchasing, possessing or receiving a firearm, the court shall issue a one-year extreme risk […]
Section 40-17-9 – Service of extreme risk firearm protection orders.
A one-year extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act shall be personally served upon the respondent by the sheriff’s office in the county in which the respondent resides; provided that if the respondent resides in a city or town that has a police department, the police department […]
Section 40-17-10 – Relinquishment of firearms.
A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent’s possession, custody or control or subject to the respondent’s possession, custody or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours […]
Section 40-17-11 – Penalties.
A person who fails to relinquish, or who possesses or has custody or control over, any firearm or who purchases, receives or attempts to purchase, possess or receive any firearm, in violation of a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order is guilty of a misdemeanor punishable pursuant […]
Section 40-17-12 – Extreme risk firearm protection order; reporting of orders; availability of data.
A. The clerk of the court shall provide a copy of a one-year extreme risk firearm protection order or temporary extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act to any law enforcement agency designated to provide information to the national instant criminal background check system. B. The clerk […]
Section 40-17-13 – Extreme risk firearm protection orders; firearms return; disposition.
A. Any firearm relinquished in accordance with the Extreme Risk Firearm Protection Order Act shall be returned to the respondent within ten days following the expiration or termination of an extreme risk firearm protection order. B. A respondent shall not be required to acquire any court order granting the return of relinquished firearms. C. The […]
Section 40-17-4 – Extreme risk firearm protection orders; venue.
Proceedings pursuant to the Extreme Risk Firearm Protection Order Act shall be filed, heard and determined in the district court for the county in which the respondent resides. History: Laws 2020, ch. 5, § 4. ANNOTATIONS Effective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, […]