A. After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the restrained party shall relinquish all firearms in the restrained party's immediate possession or control or subject to the restrained party's possession or control in a safe manner to a law enforcement officer, a law enforcement agency or federal firearms licensee within forty-eight hours of service of the order.
B. A law enforcement officer or law enforcement agency shall take possession of all firearms subject to the order of protection that are relinquished by the restrained party or are in plain sight or are discovered pursuant to a lawful search.
C. A law enforcement officer or law enforcement agency that takes temporary possession of a firearm pursuant to this section shall:
(1) prepare a receipt identifying all firearms that have been relinquished or taken;
(2) provide a copy of the receipt to the restrained party;
(3) provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearm;
(4) file the original receipt with the court that issued the order of protection within seventy-two hours of taking possession of the firearm; and
(5) ensure that the law enforcement agency retains a copy of the receipt.
D. An order of protection issued pursuant to Section 40-13-5 NMSA 1978 shall include:
(1) a statement that the restrained party shall not purchase, receive, transport, possess or have custody or control of a firearm while the order of protection is in effect;
(2) a description of the requirements for the relinquishment of firearms as provided in this section;
(3) a statement that within seventy-two hours of the issuance of the order of protection the restrained party must file with the court issuing the order:
(a) a receipt identifying all firearms that have been relinquished or taken by a law enforcement officer or law enforcement agency; or
(b) a declaration of non-relinquishment;
(4) the expiration date of relinquishment;
(5) the address of the court that issued the order of protection; and
(6) a statement that violation of any provision of the order of protection is a violation of state law and that federal law, 18 U.S.C. 922, et seq., prohibits possession of firearms by certain persons.
E. If the respondent is present at the hearing on the order of protection, the court shall provide the respondent with a receipt form to identify all firearms to be surrendered or, if the respondent has no firearms to relinquish, a declaration of non-relinquishment. The court shall accept the completed form from the respondent for immediate filing.
F. Evidence establishing ownership or possession of a firearm pursuant to this section shall not be admissible as evidence in any criminal proceeding.
G. The law enforcement agency or federal firearms licensee with custody of a surrendered or seized firearm shall make the firearm available to a formerly restrained party within three business days of receipt of a request from a formerly restrained party who is then currently eligible to own and possess a firearm.
H. A formerly restrained party who has surrendered or had firearms taken by a law enforcement officer or law enforcement agency pursuant to this section who does not wish the firearm returned or who is no longer eligible to possess a firearm may sell or transfer the firearm to a federal firearms licensee. The law enforcement agency shall not release the firearm to a federal firearms licensee until:
(1) the federal firearms licensee has displayed proof that the formerly restrained party has transferred the firearm to the licensee; and
(2) the law enforcement agency has verified the transfer with the formerly restrained party.
I. A law enforcement agency holding a firearm relinquished pursuant to this section may dispose of the firearm twelve months from the date of proper notice to the formerly restrained party of the intent to dispose of the firearm, unless another person claiming to be the lawful owner presents written proof of ownership. If the firearm remains unclaimed after twelve months from the date of notice, no party shall assert ownership and the law enforcement agency may dispose of the firearm. For the purposes of this subsection, "dispose" means to destroy a firearm or sell or transfer the firearm to a federal firearms licensee.
J. The provisions of this section shall not be interpreted to require a federal firearms licensee to purchase or accept possession of a firearm from a restrained party.
K. The administrative office of the courts shall develop a standard receipt form and declaration of non-relinquishment form for use under this section.
History: Laws 2019, ch. 253, § 4.
Effective dates. — Laws 2019, ch. 253, § 5 made Laws 2019, ch. 253, § 4 effective July 1, 2019.
Structure New Mexico Statutes
Article 13 - Family Violence Protection
Section 40-13-1 - Short title.
Section 40-13-1.1 - Legislative findings; state policy; dual arrests.
Section 40-13-2 - Definitions.
Section 40-13-3 - Petition for order of protection; contents; standard forms.
Section 40-13-3.1 - Forbearance of costs associated with domestic abuse offenses.
Section 40-13-3.2 - Ex parte emergency orders of protection.
Section 40-13-4 - Temporary order of protection; hearing; dismissal.
Section 40-13-5.1 - Extended order of protection.
Section 40-13-6 - Service of order; duration; penalty; remedies not exclusive.
Section 40-13-7.1 - Medical personnel; documentation of domestic abuse.
Section 40-13-9 - Domestic violence special commissioners; appointment; qualifications.
Section 40-13-10 - Special commissioners; powers; duties.