Extreme Risk Firearm Protection Order Act
A Message from New Mexico Attorney General Raúl Torrez
“As the leading law enforcement office in the state of New Mexico, I believe in the sanctity of every single life and the importance of ensuring the safety of our communities and schools. The Extreme Risk Protection Order law is a pivotal tool in our fight against gun violence within our state. It’s not about infringing on the rights of responsible gun owners – it’s about identifying those who are at extreme risk and taking the steps necessary to prevent potential tragedies. This is about creating a safer society for us all.”
The New Mexico Department of Justice’s Office is committed to ensuring the safety and security of all New Mexicans. An increasingly essential part of this commitment is enforcing and supporting the Extreme Risk Firearm Protection Order (ERFPO), a law that empowers the reporting party, and law enforcement to prevent potential gun violence. This law is designed to temporarily restrict firearm access to individuals deemed to be a risk to themselves or others. We believe in the power of preventative measures and New Mexico’s ERFPO is a testament to that belief.
Together, we can create a safer New Mexico.
Below, please find some quick facts and frequently asked questions about the Extreme Risk Firearm Protection Order, NMSA 1978, § 40-17-1 through § 40-17-13 (2020).
What are the types of protection orders?
- Temporary extreme risk firearm protection order: “the court may enter a temporary extreme risk firearm protection order if the court finds from specific facts shown by the petition that there is probable cause to believe 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 before notice can be served and a hearing held.”
- One-year extreme risk firearm protection order: “If, after hearing the matter, the court finds by a preponderance of the evidence 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, the court shall issue a one-year extreme risk firearm protection order.”
What are the involved parties called?
- Reporting Party: a reporting party refers to the individual or entity who initiates an official complaint or report about a potential legal violation. This person may include a direct witness to the incident, a victim, or someone who has credible information about the situation.
- Petitioner: a petitioner is an individual or entity who formally requests judicial action by filing a petition within the court of law. The petitioner is seeking legal redress, most often in the form of a court order, and initiates the legal proceedings.
- Respondent: a respondent is the individual or entity against whom the legal action has been initiated. They often find themselves on the receiving end of a petition or complaint. They are the party who must answer to the court proceedings initiated against them.
What are the Petition Requirements?
The petition must:
- be filed by a law enforcement officer employed by a law enforcement agency (not the reporting party);
- 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;
- be made under oath and shall be accompanied by a sworn affidavit signed by the reporting party setting forth specific facts supporting the order;
- include:
- the name and address of the reporting party;
- the name and address of the respondent;
- 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;
- a description of the relationship between the reporting party and the respondent; and
- a description of any lawsuit, complaint, petition, restraining order, injunction or other legal action between the reporting party and the respondent.
Resources
- Find additional information and related forms at ERPOnewmexico.org
- View a flow chart for the process of obtaining a One year Extreme Risk Firearm Protection Order
- Learn about the National Instant Criminal Background Check System (NICS)
