New Mexico Statutes 40-17-8. One-year extreme risk firearm protection order; grounds for issuance; contents of order; termination; expiration; renewal of orders
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.
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.