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. _________________________
ONE-YEAR EXTREME RISK FIREARM PROTECTION ORDER
THIS MATTER came before the court on a Petition for Extreme Risk Firearm Protection Order and hearing on ______________________, 20_____. The court having reviewed the Petition and accompanying Affidavit of the Reporting Party or the Statement from the Law Enforcement Officer, having received sworn testimony, and all other relevant evidence presented, and being otherwise fully advised in the premises, hereby FINDS and ORDERS:
NOTICE AND JURISDICTION
On ______________________________ (date), a notice of this hearing was served on Respondent together with a copy of the ☐ Petition and ☐ a Temporary Extreme Risk Firearm Protection Order.
The court has jurisdiction of the parties and subject matter.
STIPULATION
□ The court accepted an agreed stipulation from the parties agreeing to entry of a One- Year Extreme Risk Firearm Protection Order.
EVIDENCE AND FINDINGS
At the hearing, the court heard evidence regarding Respondent. This evidence included:
☐ 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 and/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 the respondent.
In addition, the court considered other relevant evidence as follows:
______________________________________________________________________
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The court has considered whether a mental health evaluation or substance use evaluation is appropriate. Based upon the facts established at this hearing, the court finds:
□ such an evaluation is not recommended at this time.
(OR)
□ the evidence supports a recommendation that Respondent obtain:
□ a mental health evaluation.
□ a substance use evaluation.
Based on these specific facts and evidence presented, the court finds, by a preponderance of evidence, that Respondent poses a significant danger of causing imminent personal injury to self or others by having in Respondent's custody or control or by purchasing, possessing, or receiving a firearm.
For the foregoing reasons, the COURT HEREBY ORDERS: RESPONDENT, ____________________________________, IS PROHIBITED FROM HAVING IN RESPONDENT'S POSSESSION, CUSTODY, OR CONTROL ANY FIREARMS. RESPONDENT IS ALSO PROHIBITED FROM PURCHASING, RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM WHILE THIS ORDER IS IN EFFECT.
EXPIRATION DATE OF ORDER
This Order shall remain in effect until _________________________________, at __________ □ am □ pm.
This Order is a final order and Respondent may immediately appeal this Order.
RELINQUISHMENT OF FIREARMS
Upon being served with this One-Year Extreme Risk Firearm Protection Order, Respondent is ordered to relinquish (surrender) all firearms in Respondent's possession, custody, or control to a law enforcement agency, a law enforcement officer, or a federal firearms licensee (FFL):
□ immediately upon service of this Order;
OR
□ _______________________________________________________________ (as directed by the court).
□ The court has received a Firearm Relinquishment Receipt indicating compliance by Respondent, who has already surrendered all firearms.
FAILURE TO RELINQUISH (SURRENDER) ALL FIREARMS IS A MISDEMEANOR OFFENSE, PUNISHABLE BY UP TO THREE HUNDRED SIXTY-FOUR (364) DAYS IN JAIL, AND/OR A $1,000 FINE, UNDER NMSA 1978, SECTION 31-19-1.
TERMINATION OR EXTENSION OF ORDER
Notice to Petitioner: This One-Year Extreme Risk Firearm Protection Order will last until the expiration date noted above. Petitioner may request an extension of this Order at any time, but not less than one (1) month before the expiration of this Order by filing a Petition to Extend One-Year Extreme Risk Firearm Protection Order. An extension of this Order may be granted for one (1) additional year.
Notice to Respondent: You have the right to request a hearing to terminate this Order at any time while this Order is in effect. You may seek the advice of an attorney as to any matter connected with this Order. IT IS SO ORDERED.
______________________________________ District Court Judge ______________________________________ Address
[Adopted by Supreme Court Order No. S-1-RCR-2024-00097, effective for all cases filed on or after December 31, 2025.]