On February 25, 2020, New Mexico enacted SB 5, an extreme risk law (effective May 20, 2020) authorizing law enforcement1 to petition a court for a civil order to temporarily remove guns from a person in crisis.2 The law (ERPO), allows a law enforcement officer3 to file a petition demonstrating to a judge that an individual (referred to as the respondent) poses a danger to self or others with a firearm. If the court determines by a preponderance of evidence that the respondent poses a danger, the court will issue an extreme risk protection order that lasts up to one year, unless renewed and extended. An individual subject to an ERPO must relinquish his or her guns to law enforcement and will be prohibited from possessing firearms as long as the order is in effect.

In emergency cases, courts may also issue a temporary ERPOs prior to a full hearing with the respondent if the petitioner demonstrates that there is probable cause to believe that the respondent poses a significant imminent danger to self or others. This temporary ERPO can last up to 10 days, before a hearing is held to determine whether a year-long order is appropriate.4

The respondent can request during the period of the order to hold a hearing to terminate the order early.5

See our Extreme Risk Protection Orders policy summary for a comprehensive discussion of this issue.

Notes
  1. If the respondent is a law enforcement officer, then the petitioner must be a district attorney or the attorney general. ⤴︎
  2. 2020 NM SB 5. ⤴︎
  3. Or District Attorney or Attorney general in certain cases. ⤴︎
  4. Id. ⤴︎
  5. Id. ⤴︎