New Mexico

New Mexico’s ERFPO law was signed by Gov. Michelle Lujan Grisham on February 25, 2020.  In New Mexico, an Extreme Risk Firearm Protection Order (ERFPO) temporarily prohibits a person who is likely to engage in conduct that would result in imminent serious harm to self or others from purchasing, possessing, receiving or attempting to purchase, possess, or receive a firearm. In New Mexico, eligible petitioners are law enforcement officers.¹ District attorneys or the attorney general can only be eligible petitioners in the event the respondent is a law enforcement officer.² Reporting parties (including, but not limited to, a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, co-parent of a child, child, person with whom a resident has or had a continuing personal relationship, employer or public or private school administrator) can request that a law enforcement officer file a petition but are ineligible to file a petition themselves.³

There are two types of ERFPOs: temporary ERFPOs and one-year ERFPOs.⁴ All petitioners first file an application for a temporary ERFPO along with a sworn affidavit signed by the reporting party (if applicable). A temporary ERFPO is in effect for a maximum of ten days from when the order was served until the hearing for a one-year ERFPO.⁵

New Mexico’s ERFPO law includes ex parte ERFPOs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERFPO.⁶