NM
New Mexico House Bill HB12

New Mexico 2025 Regular Session

New Mexico House Bill HB12 Compare Versions

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1-HB 12
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28+HOUSE BILL 12
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Joy Garratt
2848 AN ACT
2949 RELATING TO FIREARMS; AMENDING THE EXTREME RISK FIREARM
30-PROTECTION ORDER ACT TO ALLOW A LAW ENFORCEMENT OFFICER TO
31-FILE A PETITION BASED ON INFORMATION COLLECTED WHILE CARRYING
32-OUT THE OFFICER'S OFFICIAL DUTIES; REQUIRING A RESPONDENT TO
33-RELINQUISH FIREARMS IMMEDIATELY UPON SERVICE OF AN EXTREME
34-RISK FIREARM PROTECTION ORDER; MAKING CONFORMING AMENDMENTS.
50+PROTECTION ORDER ACT TO ALLOW A LAW ENFORCEMENT OFFICER TO FILE
51+A PETITION BASED ON INFORMATION COLLECTED WHILE CARRYING OUT
52+THE OFFICER'S OFFICIAL DUTIES; REQUIRING A RESPONDENT TO
53+RELINQUISH FIREARMS IMMEDIATELY UPON SERVICE OF AN EXTREME RISK
54+FIREARM PROTECTION ORDER; MAKING CONFORMING AMENDMENTS.
3555 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3656 SECTION 1. Section 40-17-5 NMSA 1978 (being Laws 2020,
3757 Chapter 5, Section 5) is amended to read:
3858 "40-17-5. PETITION FOR EXTREME RISK FIREARM PROTECTION
3959 ORDER--CONTENTS.--
4060 A. A petition for an extreme risk firearm
4161 protection order shall be filed only by a law enforcement
42-officer employed by a law enforcement agency; provided that,
43-if the respondent is a law enforcement officer, the petition
44-shall be filed by the district attorney or the attorney
45-general.
46-B. A petitioner may file a petition with the court
47-requesting an extreme risk firearm protection order that
48-shall enjoin the respondent from having in the respondent's
49-possession, custody or control any firearm and shall further
50-enjoin the respondent from purchasing, receiving or
51-attempting to purchase, possess or receive any firearm while HB 12
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62+officer employed by a law enforcement agency; provided that, if
63+.228975.3 underscored material = new
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78-the order is in effect.
90+the respondent is a law enforcement officer, the petition shall
91+be filed by the district attorney or the attorney general.
92+B. A petitioner may file a petition with the court
93+requesting an extreme risk firearm protection order that shall
94+enjoin the respondent from having in the respondent's
95+possession, custody or control any firearm and shall further
96+enjoin the respondent from purchasing, receiving or attempting
97+to purchase, possess or receive any firearm while the order is
98+in effect.
7999 C. If a law enforcement officer declines to file a
80100 requested petition for an extreme risk firearm protection
81-order, the law enforcement officer shall file with the
82-sheriff of the county in which the respondent resides a
83-notice that the law enforcement officer is declining to file
84-a petition pursuant to this section.
101+order, the law enforcement officer shall file with the sheriff
102+of the county in which the respondent resides a notice that the
103+law enforcement officer is declining to file a petition
104+pursuant to this section.
85105 D. A law enforcement officer shall file a petition
86106 for an extreme risk firearm protection order upon receipt of
87107 credible information from a reporting party that gives the
88-officer probable cause to believe that a respondent poses a
89-significant danger of causing imminent personal injury to
90-self or others by having in the respondent's custody or
108+[agency or] officer probable cause to believe that a respondent
109+poses a significant danger of causing imminent personal injury
110+to self or others by having in the respondent's custody or
91111 control or by purchasing, possessing or receiving a firearm;
92112 provided that a law enforcement officer may also file a
93113 petition based on credible information that the officer
94114 collected while carrying out the officer's official duties .
95-E. A petition for an extreme risk firearm
96-protection order shall state the specific statements, actions
97-or facts that support the belief that the respondent poses a
98-significant danger of causing imminent personal injury to
99-self or others by having in the respondent's custody or
100-control or by purchasing, possessing or receiving a firearm.
101-F. A petition for an extreme risk firearm
102-protection order shall be made under oath and shall be HB 12
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129-accompanied by a sworn affidavit signed by the reporting
130-party setting forth specific facts supporting the order.
143+E. A petition for an extreme risk firearm
144+protection order shall state the specific statements, actions
145+or facts that support the belief that the respondent poses a
146+significant danger of causing imminent personal injury to self
147+or others by having in the respondent's custody or control or
148+by purchasing, possessing or receiving a firearm.
149+F. A petition for an extreme risk firearm
150+protection order shall be made under oath and shall be
151+accompanied by a sworn affidavit signed by the reporting party
152+setting forth specific facts supporting the order.
131153 G. A petition for an extreme risk firearm
132154 protection order filed pursuant to the request of a reporting
133155 party shall include:
134156 (1) the name and address of the reporting
135157 party;
136158 (2) the name and address of the respondent;
137159 (3) a description of the number, types and
138160 locations of firearms or ammunition that the petitioner
139161 believes the respondent has custody of, controls, owns or
140162 possesses;
141-(4) a description of the relationship
142-between the reporting party and the respondent; and
163+(4) a description of the relationship between
164+the reporting party and the respondent; and
143165 (5) a description of any lawsuit, complaint,
144166 petition, restraining order, injunction or other legal action
145167 between the reporting party and the respondent.
146-H. A petition for an extreme risk firearm
147-protection order filed based upon credible information that a
148-law enforcement officer collected while carrying out the
149-officer's official duties shall include:
150-(1) the name and address of the respondent;
151-(2) a description of the number, types and
152-locations of firearms or ammunition that the petitioner
153-believes the respondent has custody of, controls, owns or HB 12
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196+H. A petition for an extreme risk firearm
197+protection order filed based upon credible information that a
198+law enforcement officer collected while carrying out the
199+officer's official duties shall include:
200+(1) the name and address of the respondent;
201+(2) a description of the number, types and
202+locations of firearms or ammunition that the petitioner
203+believes the respondent has custody of, controls, owns or
180204 possesses;
181205 (3) a description of the circumstances under
182206 which the petitioner collected the credible information that
183207 gave rise to the petition; and
184208 (4) a statement regarding why the law
185-enforcement officer believes the respondent poses a
186-significant danger of causing imminent personal injury to
187-self or others by having custody or control of or by
188-purchasing, possessing or receiving a firearm."
209+enforcement officer believes the respondent poses a significant
210+danger of causing imminent personal injury to self or others by
211+having custody or control of or by purchasing, possessing or
212+receiving a firearm."
189213 SECTION 2. Section 40-17-10 NMSA 1978 (being Laws 2020,
190214 Chapter 5, Section 10) is amended to read:
191215 "40-17-10. RELINQUISHMENT OF FIREARMS.--
192216 A. A respondent who receives a temporary or one-
193-year extreme risk firearm protection order shall relinquish
194-all firearms in the respondent's possession, custody or
195-control or subject to the respondent's possession, custody or
196-control in a safe manner to a law enforcement officer, a law
197-enforcement agency or a federal firearms licensee immediately
198-upon service of the order or as directed by the court.
199-B. A law enforcement officer, law enforcement
200-agency or federal firearms licensee that takes temporary
201-possession of a firearm pursuant to this section shall:
202-(1) prepare a receipt identifying all
203-firearms that have been relinquished or taken;
204-(2) provide a copy of the receipt to the HB 12
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217+year extreme risk firearm protection order shall relinquish all
218+firearms in the respondent's possession, custody or control or
219+subject to the respondent's possession, custody or control in a
220+safe manner to a law enforcement officer, a law enforcement
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249+agency or a federal firearms licensee [within forty-eight hours
250+of] immediately upon service of the order or [sooner at the
251+discretion of] as directed by the court.
252+B. A law enforcement officer, law enforcement
253+agency or federal firearms licensee that takes temporary
254+possession of a firearm pursuant to this section shall:
255+(1) prepare a receipt identifying all firearms
256+that have been relinquished or taken;
257+(2) provide a copy of the receipt to the
231258 respondent;
232259 (3) provide a copy of the receipt to the
233-petitioner within seventy-two hours of taking possession of
234-the firearms;
260+petitioner within seventy-two hours of taking possession of the
261+firearms;
235262 (4) file the original receipt with the court
236263 that issued the temporary or one-year extreme risk firearm
237-protection order within seventy-two hours of taking
238-possession of the firearms; and
264+protection order within seventy-two hours of taking possession
265+of the firearms; and
239266 (5) ensure that the law enforcement agency
240267 retains a copy of the receipt."
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