New Mexico
Extreme Risk Firearm Protection Order
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
1 N.M. Stat. Ann. § 40-17-2
2 N.M. Stat. Ann. § 40-17-5
3 N.M. Stat. Ann. § 40-17-2
4 N.M. Stat. Ann. § 40-17-8
5 N.M. Stat. Ann. § 40-17-6
6 N.M. Stat. Ann. § 40-17-8