Rule text
[Extreme Risk Firearm Protection Order Act, NMSA 1978, Sections 40-17-1 to -13]
STATE OF NEW MEXICO COUNTY OF ________________________ __________________ JUDICIAL DISTRICT IN THE MATTER OF AN EXTREME RISK FIREARM PROTECTION ORDER FOR _______________________________ _____________________ (Respondent's full date of birth)
No. _________________________
PETITION FOR EXTREME RISK FIREARM PROTECTION ORDER
SECTION I. PETITIONER (Petitioner must be a law enforcement officer working for a law enforcement agency as defined under the Extreme Risk Firearm Protection Order Act, NMSA 1978, Sections 40-17-1 to -13)
Petitioner is employed by the following type of agency:
Police Department District Attorney's Office Sheriff's Office Attorney General's Office State Police
1. Petitioner's name: _________________________________________________
Badge/CAID Number: ______________________________________________
2. Law Enforcement Agency Petitioner works for: ___________________________
3. Law Enforcement Agency's address:
___________________________________________________________________ street address
__________________________________________ __________ __________ city state zip
4. Law Enforcement Agency's telephone number: __________________________
SECTION II. PERSON WHO COMPLETED THE AFFIDAVIT OR STATEMENT
In support of this petition, I am attaching as Exhibit A:
Affidavit of Reporting Party
OR
Statement from the Law Enforcement Officer.
A. Reporting Party 1. Reporting Party's full name: __________________________________________
2. Reporting Party's relationship to Respondent: ____________________________
3. Reporting Party's address: ___________________________________________
a. The Reporting Party has completed a Request to Omit the Reporting Party's Contact Information.
OR
b. Reporting Party's address (Do NOT complete if 3a is checked above)
___________________________________________________________________ street address
__________________________________________ __________ __________ city state zip
B. Law Enforcement Officer
1. Law enforcement officer's full name: ___________________________________
2. Law enforcement agency name: ______________________________________
3. Law enforcement officer's agency address:
___________________________________________________________________ street address
__________________________________________ __________ __________ city state zip
SECTION III. RESPONDENT
1. Respondent's full legal name: ________________________________________
2. Respondent's date of birth: __________________________________________
3. Respondent's address:
___________________________________________________________________ street address
__________________________________________ __________ __________ city state zip SECTION IV. BASIS FOR PETITION
In support of this petition, the undersigned Law Enforcement Officer swears or affirms that based on credible information in the attached Exhibit A (select one option):
☐ Affidavit of the Reporting Party
OR
☐ Statement from the Law Enforcement Officer
there is probable cause to believe Respondent poses a significant danger of causing imminent personal injury to self or others by having custody or control of a firearm or by purchasing, possessing, or receiving a firearm. The undersigned Law Enforcement Officer has probable cause to believe the following factors should be considered by the Court when determining whether to issue a temporary extreme risk firearm protection order:
☐ A recent act or threat of violence by Respondent against self or others, regardless of whether the act or threat involved a firearm;
☐ A pattern of acts or threats of violence by Respondent within the past twelve (12) months, including acts or threats of violence against self or others;
☐ Respondent's mental health history;
☐ Respondent's use of controlled substances or alcohol;
☐ Respondent's previous violations of any court order;
☐ Previous extreme risk firearm protection orders issued against Respondent;
☐ Respondent's criminal history, including arrests and convictions for violent felony offenses, violent misdemeanor offenses, crimes involving domestic violence, or stalking;
☐ Respondent's history of the use, attempted use, or threatened use of physical violence against another person; of stalking another person; or of cruelty to animals; and
☐ Any recent acquisition or attempts at acquisition of a firearm by Respondent.
☐ Other considerations: _______________________________________________ FIREARMS. The quantities, types, and total number of all firearms Petitioner believes to be in Respondent's ownership, possession, custody, or control are listed below and/or attached as Exhibit B.
Type of Firearm Number Location Ammunition ☐ Long gun (includes ☐ Yes ☐ No rifles and shotguns) ☐ Unknown ☐ Handgun (includes ☐ Yes ☐ No revolvers and pistols) ☐ Unknown ☐ Other (includes ☐ Yes ☐ No any other firearms): ☐ Unknown
TOTAL NUMBER OF FIREARMS: ____________
LEGAL ACTION(S) BETWEEN REPORTING PARTY AND RESPONDENT.
☐ Lawsuit. Please describe: ___________________________________________
☐ Complaint. Please describe: __________________________________________
☐ Petition. Please describe: ____________________________________________
☐ Restraining Order. Date Issued: ____________ Issued by: __________________
☐ Injunction. Please describe: __________________________________________
☐ Other Legal Action. Please describe: ___________________________________
☐ None.
For the foregoing reasons, Petitioner respectfully requests the court enter a Temporary Extreme Risk Firearm Protection Order and schedule a hearing to be held within ten (10) 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 entered.
Respectfully submitted this ___________ day of ____________________, 20______.
__________________________________________ Signature of Petitioner [Adopted by Supreme Court Order No. S-1-RCR-2024-00097, effective for all cases filed on or after December 31, 2025.]