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NM HB12

NM HB12
Extreme Risk Firearm Protection Order Changes


summary

Introduced
01/21/2025
In Committee
03/16/2025
Crossed Over
02/25/2025
Passed
03/17/2025
Dead
Signed/Enacted/Adopted
03/21/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill modifies the Extreme Risk Firearm Protection Order Act to expand law enforcement's ability to file petitions and strengthen firearm relinquishment requirements. The bill allows law enforcement officers to file a petition based on credible information collected during their official duties, not just from a reporting party, which provides more flexibility in initiating protective orders. The bill also requires respondents to immediately relinquish all firearms upon being served with a temporary or one-year extreme risk protection order, instead of having discretion about the timing. When firearms are relinquished, law enforcement must now create a detailed receipt identifying the firearms, provide copies to the respondent and petitioner within 72 hours, and file the original receipt with the court within 72 hours. The bill maintains the core purpose of the existing law, which is to prevent individuals who pose a significant danger to themselves or others from accessing firearms, but streamlines the process for obtaining and enforcing protective orders. This type of legislation, often called a "red flag law," aims to temporarily remove firearms from individuals deemed to be at high risk of causing harm.

Committee Categories

Business and Industry, Health and Social Services

Sponsors (4)

Last Action

Signed by Governor - Chapter 17 - Mar. 21 (on 03/21/2025)

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