As used in the Extreme Risk Firearm Protection Order Act:
A. "court" means the district court in the county in which the respondent resides;
B. "extreme risk firearm protection order" means either a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order granted pursuant to the Extreme Risk Firearm Protection Order Act;
C. "firearm" means any weapon that is designed to expel a projectile by an explosion or the frame or receiver of any such weapon;
D. "law enforcement agency" means the police department of any city or town, the sheriff's office of any county, the New Mexico state police and a district attorney's office in the state and the office of the attorney general;
E. "law enforcement officer" means a public official or public officer vested by law with the power to maintain order, to make arrests for crime or to detain persons suspected of committing a crime, whether that duty extends to all crimes or is limited to specific crimes and includes an attorney employed by a district attorney or the attorney general;
F. "one-year extreme risk firearm protection order" means an extreme risk firearm protection order granted for up to one year following a hearing pursuant to the provisions of Section 7 [40-17-7 NMSA 1978] of the Extreme Risk Firearm Protection Order Act;
G. "petitioner" means a law enforcement officer who files an extreme risk firearm protection order petition;
H. "reporting party" means a person who requests that a law enforcement officer file a petition for an extreme risk firearm protection order and includes 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 respondent has or had a continuing personal relationship, employer or public or private school administrator;
I. "respondent" means the person identified in or subject to an extreme risk firearm protection order petition; and
J. "temporary extreme risk firearm protection order" means an extreme risk firearm protection order issued prior to a hearing pursuant to the provisions of Section 6 [40-17-6 NMSA 1978] of the Extreme Risk Firearm Protection Order Act.
History: Laws 2020, ch. 5, § 2.
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.