HB 12
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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 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 HB 12
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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
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.
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 HB 12
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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.
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 HB 12
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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 agency or a federal firearms licensee immediately
upon service of the order or 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 HB 12
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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."