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. District attorneys or the attorney general can only be eligible petitioners in the event the respondent is a law enforcement officer. 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.
There are two types of ERFPOs: temporary ERFPOs and one-year ERFPOs. 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.
New Mexico’s ERFPO law, like other Extreme Risk Protection Order laws, includes due process protections to ensure fairness. Due process protections in New Mexico’s ERFPO law include ex parte ERFPOs issued by judicial officers, a post-deprivation hearing where the respondent is provided notice and an opportunity to participate, and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERFPO.
Explore the following resources to learn more about New Mexico’s ERFPO law:
Background: New Mexico’s ERFPO law was signed by Gov. Michelle Lujan Grisham on February 25, 2020. Gov. Lujan Grisham signed an executive order on August 26, 2022 to establish the Extreme Risk Task Force, which aims to develop and disseminate recommended training materials and protocols on the use of ERFPO and to seek funding to develop a statewide public awareness campaign for the general public regarding ERFPOs.