underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 12
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Joy Garratt
AN ACT
RELATING TO FIREARMS; AMENDING THE EXTREME RISK FIREARM
PROTECTION ORDER ACT TO ALLOW A LAW ENFORCEMENT OFFICER TO FILE
A PETITION BASED ON INFORMATION COLLECTED WHILE CARRYING OUT
THE OFFICER'S OFFICIAL DUTIES; REQUIRING A RESPONDENT TO
RELINQUISH FIREARMS IMMEDIATELY UPON SERVICE OF AN EXTREME RISK
FIREARM PROTECTION ORDER; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 40-17-5 NMSA 1978 (being Laws 2020,
Chapter 5, Section 5) is amended to read:
"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
.228975.3 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 with the court
requesting an extreme risk firearm protection order that shall
enjoin the respondent from having in the respondent's
possession, custody or control any firearm and shall further
enjoin the respondent from purchasing, receiving or attempting
to purchase, possess or receive any firearm while the order is
in effect.
C. If a law enforcement officer declines to file a
requested petition for an extreme risk firearm protection
order, the law enforcement officer shall file with the sheriff
of the county in which the respondent resides a notice that the
law enforcement officer is declining to file a petition
pursuant to this section.
D. A law enforcement officer shall file a petition
for an extreme risk firearm protection order upon receipt of
credible information from a reporting party that gives the
[agency or] officer probable cause to believe that a 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;
provided that a law enforcement officer may also file a
petition based on credible information that the officer
collected while carrying out the officer's official duties .
.228975.3
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
E. A petition for an extreme risk firearm
protection order shall state the specific statements, actions
or facts that support the belief 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.
F. A petition for an extreme risk firearm
protection order shall be made under oath and shall be
accompanied by a sworn affidavit signed by the reporting party
setting forth specific facts supporting the order.
G. A petition for an extreme risk firearm
protection order filed pursuant to the request of a reporting
party shall include:
(1) the name and address of the reporting
party;
(2) the name and address of the respondent;
(3) a description of the number, types and
locations of firearms or ammunition that the petitioner
believes the respondent has custody of, controls, owns or
possesses;
(4) a description of the relationship between
the reporting party and the respondent; and
(5) a description of any lawsuit, complaint,
petition, restraining order, injunction or other legal action
between the reporting party and the respondent.
.228975.3
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
H. A petition for an extreme risk firearm
protection order filed based upon credible information that a
law enforcement officer collected while carrying out the
officer's official duties shall include:
(1) the name and address of the respondent;
(2) a description of the number, types and
locations of firearms or ammunition that the petitioner
believes the respondent has custody of, controls, owns or
possesses;
(3) a description of the circumstances under
which the petitioner collected the credible information that
gave rise to the petition; and
(4) a statement regarding why the law
enforcement officer believes the respondent poses a significant
danger of causing imminent personal injury to self or others by
having custody or control of or by purchasing, possessing or
receiving a firearm."
SECTION 2. Section 40-17-10 NMSA 1978 (being Laws 2020,
Chapter 5, Section 10) is amended to read:
"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
.228975.3
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
agency or a federal firearms licensee [within forty-eight hours
of] immediately upon service of the order or [sooner at the
discretion of] as directed by the court.
B. A law enforcement officer, law enforcement
agency or federal firearms licensee that takes temporary
possession of a firearm pursuant to this section shall:
(1) prepare a receipt identifying all firearms
that have been relinquished or taken;
(2) provide a copy of the receipt to the
respondent;
(3) provide a copy of the receipt to the
petitioner within seventy-two hours of taking possession of the
firearms;
(4) file the original receipt with the court
that issued the temporary or one-year extreme risk firearm
protection order within seventy-two hours of taking possession
of the firearms; and
(5) ensure that the law enforcement agency
retains a copy of the receipt."
- 5 -
.228975.3