HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 27

56th legislature - STATE OF NEW MEXICO - second session, 2024

 

 

 

 

 

 

AN ACT

RELATING TO FIREARMS; AMENDING THE EXTREME RISK FIREARM PROTECTION ORDER ACT; INCLUDING HEALTH CARE PROFESSIONALS AND LAW ENFORCEMENT OFFICERS AS REPORTING PARTIES; MAKING CONFORMING AMENDMENTS TO THE DEFINITIONS FOR LAW ENFORCEMENT AGENCY, LAW ENFORCEMENT OFFICER AND PETITIONER; EXPANDING VENUE FOR ORDER PROCEEDINGS; PROVIDING AN EXPEDITED PROCESS FOR TEMPORARY ORDERS TO BE ISSUED AT ALL TIMES; REQUIRING IMMEDIATE RELINQUISHMENT OF FIREARMS UPON SERVICE OF AN ORDER; CLARIFYING REPORTING REQUIREMENTS; ALLOWING LAW ENFORCEMENT AGENCIES TO DESTROY, SELL OR TRANSFER UNCLAIMED FIREARMS; MAKING CONFORMING AMENDMENTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 40-17-1 NMSA 1978 (being Laws 2020, Chapter 5, Section 1) is amended to read:

     "40-17-1. SHORT TITLE.--[Sections 1 through 13 of this act] Chapter 40, Article 17 NMSA 1978 may be cited as the "Extreme Risk Firearm Protection Order Act"."

     SECTION 2. Section 40-17-2 NMSA 1978 (being Laws 2020, Chapter 5, Section 2) is amended to read:

     "40-17-2. DEFINITIONS.--As used in the Extreme Risk Firearm Protection Order Act:

          A. "court" means the district court [in the county in which the respondent resides] where a petition for an extreme risk firearm protection order is filed;

          B. "extreme risk firearm protection order" means [either a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection] an order granted pursuant to the Extreme Risk Firearm Protection Order Act and includes a temporary extreme risk firearm protection order;

          C. "firearm" means [any] a weapon that is designed to expel a projectile by an explosion or the frame or receiver of any such weapon;

          D. "health care professional" means a person licensed by the state to provide medical or mental health care services pursuant to the:

                (1) Medical Practice Act;

                (2) Nursing Practice Act;

                (3) Physician Assistant Act;

                (4) Professional Psychologist Act;

                (5) Counseling and Therapy Practice Act; and

                (6) Social Work Practice Act;

          [D.] E. "law enforcement agency" means the police department of [any city or town] a municipality or university, the sheriff's office of [any] a county and the New Mexico state police; [and a district attorney's office in the state and the office of the attorney general;

          E.] F. "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 of the Extreme Risk Firearm Protection Order Act] full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department;

          G. "petitioner" means a law enforcement officer who files a petition for an extreme risk firearm protection order [petition] and includes an attorney employed by a district attorney or the attorney general when the respondent is a law enforcement officer;

          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:

                (1) respondent's spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, co-parent of a child or child;

                (2) person with whom a respondent has [or had] a continuing personal relationship;

                (3) respondent's employer; [or]

                (4) public or private school administrator;

                (5) respondent's health care professional; or

                (6) a law enforcement officer; and

          I. "respondent" means the person identified in a reporting party's request or a petitioner's petition 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 of the Extreme Risk Firearm Protection Order Act]."

     SECTION 3. Section 40-17-4 NMSA 1978 (being Laws 2020, Chapter 5, Section 4) is amended to read:

     "40-17-4. EXTREME RISK FIREARM PROTECTION ORDERS--VENUE.--Proceedings pursuant to the Extreme Risk Firearm Protection Order Act shall be filed, heard and determined in the district court for the county in which:

          A. the respondent resides;

          B. the respondent's conduct gave rise to the facts supporting the petition; or

          C. the respondent's suspected firearms may be found."

     SECTION 4. Section 40-17-5 NMSA 1978 (being Laws 2020, Chapter 5, Section 5) is amended to read:

     "40-17-5. PETITION FOR EXTREME RISK FIREARM PROTECTION ORDER--CONTENTS.--

          [A. A petition for an extreme risk firearm protection order shall be filed only by a law enforcement officer employed by a law enforcement agency; provided that, if the respondent is a law enforcement officer, the petition shall be filed by the district attorney or the attorney general.

          B. A petitioner may file a petition with the court requesting an extreme risk firearm protection order that shall enjoin the respondent from having in the respondent's possession, custody or control any firearm and shall further enjoin the respondent from purchasing, receiving or attempting to purchase, possess or receive any firearm while the order is in effect.

          C. If a law enforcement officer declines to file a requested petition for an extreme risk firearm protection order, the law enforcement officer shall file with the sheriff of the county in which the respondent resides a notice that the law enforcement officer is declining to file a petition pursuant to this section.

          D. A law enforcement officer shall file] A. A petition for an extreme risk firearm protection order [upon receipt of credible information from a reporting party that gives the agency or officer] shall be filed when the petitioner has probable cause to believe that a 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.

          B. A petition for an extreme risk firearm protection order shall be filed only by a law enforcement officer employed by a law enforcement agency; provided that, if the respondent is an officer of a police or sheriff's department, the petition shall be filed by an attorney employed by a district attorney or the attorney general.

          [E.] C. A petition for an extreme risk firearm protection order shall:

                (1) state the specific statements, actions or facts that support the belief 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;

          [F. A petition for an extreme risk firearm protection order shall]

                (2) be made under oath and [shall be] accompanied by a sworn affidavit signed by the reporting party or the petitioner setting forth specific facts supporting the order; and

          [G. A petition for an extreme risk firearm protection order shall]

                (3) include:

                     [(1)] (a) the name and address of the reporting party;

                     [(2)] (b) the name and address of the respondent;

                     [(3)] (c) a description of the number, types and locations of firearms or ammunition that the petitioner believes the respondent has custody of, controls, owns or possesses;

                     [(4)] (d) a description of the relationship between the reporting party and the respondent; and

                     [(5)] (e) a description of any lawsuit, complaint, petition, restraining order, injunction or other legal action between the reporting party and the respondent.

          D. When a law enforcement officer or an attorney employed by a district attorney or the attorney general declines to file a requested petition for an extreme risk firearm protection order, the officer or attorney shall immediately notify the reporting party of the officer's decision and within forty-eight hours thereafter provide the reporting party with written notice stating the reasons for the decision.

          E. A district judge shall be available to review a petition for an extreme risk firearm protection order at all times."

     SECTION 5. Section 40-17-6 NMSA 1978 (being Laws 2020, Chapter 5, Section 6) is amended to read:

     "40-17-6. [PETITION FOR] TEMPORARY EXTREME RISK FIREARM PROTECTION ORDER--[TEMPORARY] CONTENTS OF ORDERS--PROCEEDINGS.--

          A. Upon the filing of a petition pursuant to the Extreme Risk Firearm Protection Order Act, the court [may enter] shall review the petition immediately and shall issue a temporary extreme risk firearm protection order if the court finds from specific facts shown by the petition that there is probable cause to believe 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 before notice can be served and a hearing held.

          B. If the court finds probable cause [pursuant to Subsection A of this section], the court shall issue a temporary extreme risk firearm protection order [enjoining] and shall:

                (1) enjoin the respondent from having in the respondent's possession, custody or control a firearm; [and shall further]

                (2) enjoin the respondent from purchasing, receiving or attempting to purchase or receive a firearm [while the order is in effect]; and

                (3) order the respondent to immediately, upon service of the order, relinquish all firearms in the respondent's custody or control.

          C. The court shall conduct a hearing on the petition within ten days of the issuance of a temporary extreme risk firearm protection order [to determine if a one-year extreme risk firearm protection order should be issued pursuant to this section].

          D. A temporary 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) a statement that the order shall continue until the earlier of ten days or such time as a court considers the petition at a hearing, unless an extension is granted at the request of the responde