A. 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.

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Terms Used In New Mexico Statutes 40-17-8

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

B. A one-year extreme risk firearm protection order shall include:

(1)     a statement of the grounds supporting the issuance of the order; (2)     the date and time the order was issued;

(3)     the date and time the order expires;

(4)     information pertaining to any recommendation by the court for mental health or substance abuse evaluations, if applicable;

(5)     the address of the court that issued the order; and

(6)     notice that the respondent is entitled to request termination of the order prior to the expiration of the order.

C. If the court declines to issue a one-year extreme risk firearm protection order, the court shall state in writing the reasons for the court’s denial and shall order the return of any firearms to the respondent.

D. A respondent may request that the court terminate a one-year extreme risk firearm protection order at any time prior to the expiration of the order.

E. At any time not less than one month prior to the expiration of a one-year extreme risk firearm protection order, a petitioner may petition the court to extend the order.

Each extension of the order shall not exceed one year. A petition filed pursuant to this subsection shall comply with the provisions of Subsections E and F of Section 5 [40-17- 5 NMSA 1978] of the Extreme Risk Firearm Protection Order Act and shall be served on the respondent as provided in Section 9 [40-17-9 N.M. Stat. Ann.] of that act.

F. A one-year extreme risk firearm protection order is a final, immediately appealable order.