A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours of service of the order or sooner at the discretion of the court.
B. A law enforcement officer, law enforcement agency or federal firearms licensee 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 respondent;
(3) provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearms;
(4) file the original receipt with the court that issued the temporary or one-year extreme risk firearm protection order within seventy-two hours of taking possession of the firearms; and
(5) ensure that the law enforcement agency retains a copy of the receipt.
History: Laws 2020, ch. 5, § 10.
Effective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Article 17 - Extreme Risk Firearm Protection Order
Section 40-17-1 - Short title.
Section 40-17-2 - Definitions.
Section 40-17-3 - Forbearance of costs associated with extreme risk firearm protection orders.
Section 40-17-4 - Extreme risk firearm protection orders; venue.
Section 40-17-5 - Petition for extreme risk firearm protection order; contents.
Section 40-17-7 - Hearings on petition; grounds for issuance; contents of order.
Section 40-17-9 - Service of extreme risk firearm protection orders.
Section 40-17-10 - Relinquishment of firearms.
Section 40-17-12 - Extreme risk firearm protection order; reporting of orders; availability of data.
Section 40-17-13 - Extreme risk firearm protection orders; firearms return; disposition.